Byron Young summarized the DEC’s Assessment of Public Comment on proposed changes to the Part 40 regulations. He noted that the Department had decided to withdraw the proposal to allow 2-striped bass/day to users of livery boats because of several unanticipated and unresolved issues that had surfaced since the idea was first broached. In its review of the specific proposal, the Council had earlier opposed it, suggesting an alternative proposal that would apply the suggested $250 fee on a "per boat" basis, rather than apply the fee to one establishment and have it cover all that establishment’s boats. The proposal to allow in-water storage of blackfish via a permit program also was withdrawn. Many of those commenting on the proposal suggested the addition of a numerical limit to the number of fish that could be legally held in such a manner. Alice Weber added that the proposal to establish a registry and mandatory reporting requirements for fish pots, had been withdrawn. The Council had opposed this unanimously because reporting requirements were already in place, as were pot tags. Mr. Wise requested that Major Otterstedt of the Department’s Division of Law Enforcement attend future discussions on floating blackfish pens to cover enforcement issues.

Al Lama urged that the DEC expedite the tagging of fish pots to determine their numbers. John Mihale added that as a fisherman he was required to identify the areas and gear where he fished, and therefore individuals using pots should have to do the same. Mr. Young said that fish pot tagging would be less complicated than the experience with lobster trap tags. There were no area designations and no limits, since the DEC lacked clear authority to limit the numbers. The DEC did have the authority to require marking of fish pots.

Mr. Young reported that the Department had decided not to take the Council’s recommendation to remove the 7-fish bycatch restriction on otter trawl catches of striped bass. Data on striped bass catches from trawl reports did not support the need to allow larger bycatch. There had been much public comment on this item.