4/1/2003

SUMMARY OF 2004-2006
SPORTFISHING REGULATION CHANGE PROPOSALS

Statewide

Proposal SW-1: Change the General Angling Regulation creel limit on trout to
5 trout with no more than 2 fish greater than 12 inches in length.

Recommended Wording: Trout ·   April 1st-Oct 15th · Any Size · 5 with no
more than 2 fish greater than 12 inches in length

Objective: Better distribute harvest opportunity for two year old hatchery
brown trout,
Emphasize the value of larger brown trout.

Rationale: Many recent trout management efforts have been directed at
improving the size quality of the angler catch. Angler use response to the 2
year old brown trout (2Y) stocking program and to a variety of restricted
harvest and no-kill regulations continue to indicate the desire for having
larger trout in the fishery. The 2 year old brown trout stocking program
often attracts large numbers of anglers on stocking day. It is reported that
2Y are very vulnerable to angling immediately after stocking. Many anglers
are able to creel a limit of 5 2Y, particularly on the day of stocking and
in Oatka Creek up to 80 percent of 2Y are caught day of, and day after,
stocking.   Therefore, harvest of these larger fish is often limited to
those people who can fish during weekdays on the day of, or day after
stocking - very few 2Y are left for the week-end anglers to catch. Given
the high demand and high cost to produce these 2Y fish (about $3-$4 each) it
is desirable to extend their availability in time and to more anglers by
reducing the daily creel limit for individual fishermen. Likewise, larger
wild trout and hold-over stocked yearlings are highly valued by NY anglers
and represent a major investment of natural production, habitat
protection/management and reproductive potential that warrants a more
commensurate rationing of their harvest.
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Great Lakes

Proposal GL-1: To shorten the walleye season in the Lower Niagara River from
the current statewide season (1st Saturday in May through March 15th) to
1st Saturday in May to December 31st.

Recommended Wording under Great Lakes Regulations/Lower Niagara River:
Walleye ·1st Saturday in May through December 31st · 18 · 3

Objective: With a closed walleye season in January, February and early
March, anglers will not target and creel the mature walleye (large females
with eggs) and thus protect this spawning stock to deposit eggs prior to the
May season opener.
Rationale: During the past few years walleye stocks in some areas have been
experiencing serious population declines (Bay of Quinte). The Niagara River
Anglers Association, through their pond aquaculture project involving
rearing and stocking walleye fingerlings into the Lower River, has noticed
an increase of adult walleye in the late winter which are localized prior to
spawning. These mature fish are extremely accessible in these isolated
areas and anglers are harvesting this spawning stock prior to egg
deposition. The organized sportsmen groups in Niagara County have
petitioned to close the season on December 31st.
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Proposal GL-2: Move the starting date for the black bass season on St.
Lawrence River and its tributaries (upstream to the first barrier impassible
to fish) back one week to the fourth Saturday in June.

Recommended Wording under Great Lakes Regulation/Lake Ontario and St.
Lawrence River: Black Bass (St. Lawrence River east of tibbits point) · 4th
Saturday in June through Nov 30th · 12 · 5

Objective: Bring New York State angling regulations into conformity with
those in effect on Ontario portion of the St Lawrence River.

Rationale: This change is needed to bring NYS angling regulation into
conformity with those in effect on Ontario portion of the St Lawrence River.
It has its basis in the river's recently developed Fish Community
Objectives.
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Proposal GL-3: Establish a 1 fish per day creel limit for rainbow trout and
steelhead in all Great Lakes tributaries

Recommended Wording in Great Lakes Regulations: All tributaries to Lake Erie
and Lake Ontario from lowermost bridge upstream to the first barrier
impassible by fish · Rainbow Trout and Steelhead · limit one fish per day.
NOTE-exact wording and location in guide still needs to be determined

Objective: Greater distribution of catch opportunity, enhancement of the
status of steelhead as a "trophy" fish.

Rationale: In recent years, steelhead runs in Lake Ontario tributaries have
declined significantly. Steelhead runs are characterized by movements of
fish into tributaries during high water events. As water levels drop,
available steelhead are quickly "fished out" under the existing three fish
per day daily creel limit. The proposed regulation is intended to increase
the length of time that steelhead are available to anglers in trubutaries
and provide the opportunity to catch a steelhead to more anglers

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Proposal GL-4 : To extend the end of the open season for muskellunge from
November 30 to December 15 for the St. Lawrence River, Lake Ontario, and the
Lower Niagara River.

Recommended wording in Great Lakes Regulations/Lake Ontario and St Lawrence
River/ Lower Niagara River: Muskellunge and Tiger Muskellunge · 3rd
Saturday in June through Dec. 15 · 48" · 1

Objective: Angler success rates for muskellunge increase in late fall. This
proposal will expand trophy muskellunge angling opportunities.

Rationale: Per joint NYSDEC/Ontario Ministry of Natural Resources
Muskellunge Management Plan, maintain common regulations for muskellunge
(Ontario extending season to December 15 effective 01/01/04).

Region 9

Proposal R9-1: Remove special line for Allegany State Park, Cattaraugus
County

Recommended wording: delete Allegany State Park Special Regulation

Objective: To correct currently false information that anglers need to
obtain a park fishing permit.

Rationale: Currently, the waters of Allegany State Park are covered in the
DEC regulation book by saying that for the park a fishing permit is required
and state park regulations apply. In 2002, the park decided to officially
drop the need for anglers to get a fishing permit. Without anglers
obtaining the park permit anymore, they would have no idea of any special
fishing regulation in the park. The two waters with special regulations in
the park, Quaker and Red House Lakes, will be covered in the book under a
different regulation change proposal.
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Proposal R9-2: Allen Lake - guide listing is "correct as is" for trout and
bass special regs, however misprint occurred in revision of NYCRR 10.3

Recommended wording: Correct 6NYCRR 10.3 (b)(2)(a) and (b) regarding
Rushford and Allen Lake listings -Allen Lake trout reg was placed under
Rushford lake subparagraph

Objective: to correct NYCRR 10.3

Rationale: Allen Lake special regulations into the fishing guide October
1996, but was not changed correctly in NYCRR 10.3.
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Proposal R9-3: To manage Clear Creek, Cattaraugus County, with the existing
nine inch minimum size limit, five trout per day regulation for the April
1-October 15 period and to keep the stream open for fishing the remainder of
the year under no-kill regulations with no special gear restrictions.

Recommended wording: Clear Creek from Wyoming-Cattaraugus County line
upstream. - Trout - April 1st through October 15 - 9" - 5; October 16th
through March 31 - No Kill - Artificial Lures Only

Objective: To provide additional trout angling opportunities in an area of
the state with very little extended season opportunities for wild trout.

Rationale: Clear Creek provides a high quality fishery for wild brown and
rainbow trout. The nine inch minimum size limit has significantly increased
the wild trout population in this stream. The size limit along with removal
of stocking has changed this stream from primarily an April-June fishery
into one that is popular and productive all season. By opening the stream
all year and managing the Oct 16- March 31 time period with no-kill
regulations, additional opportunity can be offered to anglers with little or
no impact to the trout populations.

Note: CO has concerns about opening wild trout streams to year round
fishing - especially with no gear restrictions. May only take a couple
"less than scrupulous" anglers who decide to make their mark in life by
zeroing in on concentrations of big spawning trout to catch and release
these populations into oblivion.
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Proposal R9-4: To manage Clear Creek, Wyoming County, with the existing nine
inch minimum size limit, five trout per day regulation for the April
1-October 15 period and to keep the stream open for fishing the remainder of
the year under no-kill regulations with no special gear restrictions.

Recommended wording: Clear Creek from mouth to Wyoming-Cattaraugus line. -
Trout - April 1st through October 15 - 9" - 5; October 16th through March
31 - No Kill - Artificial Lures Only

Objective: To provide additional trout angling opportunities in an area of
the state with very little extended season opportunities for wild trout.

Rationale: Clear Creek provides a high quality fishery for wild brown and
rainbow trout. The nine inch minimum size limit has significantly increased
the wild trout population in this stream. The size limit along with removal
of stocking has changed this stream from primarily an April-June fishery
into one that is popular and productive all season. By opening the stream
all year and managing the Oct 16- March 31 time period with no-kill
regulations, additional opportunity can be offered to anglers with little or
no impact to the trout populations

Note: CO has concerns about opening wild trout streams to year round
fishing - especially with no gear restrictions. May only take a couple
"less than scrupulous" anglers who decide to make their mark in life by
zeroing in on concentrations of big spawning trout to catch and release
these populations into oblivion.
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Proposal R9-5: Manage the Wyoming County portion of Wiscoy Creek with the
existing regulations, but to add the October 16 - March 31 period as open
for fishing but with a no-kill regulation and no gear restrictions.
Recommended wording: Wiscoy Creek Except Section Below - Trout - April 1st
through October 15 - 10" - 5; October 16th through March 31 - No Kill -
Artificial Lures Only

Objective: To provide additional trout angling opportunities in an area of
the state with very little extended season opportunities for wild trout with
minimal impact on the wild trout population. An angler diary program in
2006 will document angler use during the extended season and an
electrofishing survey will show that the trout population is unaffected by
the added use after 2 years of the regulation being in effect.

Rationale: Wiscoy Creek provides a high quality fishery for wild brown
trout. A draft Bureau report "Wiscoy Creek Electrofishing and Angler Diary
Program 2001" recommends making the trout season year round by adding the
October 16 - March 31 period with a no kill regulation. By opening the
stream all year and managing the October 16 - March 31 time period with no
kill regulations, additional opportunity can be offered to anglers with
little or no impact to the wild brown trout population.

Note: CO has concerns about opening wild trout streams to year round
fishing - especially with no gear restrictions. May only take a couple
"less than scrupulous" anglers who decide to make their mark in life by
zeroing in on concentrations of big spawning trout to catch and release
these populations into oblivion.

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Proposal R9-6: To manage Hosmer (Sardinia) Brook in Erie County with the
existing nine inch minimum size limit, five trout per day regulation for the
April 1-October 15 period and to keep the stream open for fishing the
remainder of the year under no-kill regulations with no special gear
restrictions.

Recommended Wording: Hosmer (Sardinia) Brook. - TROUT - APRIL 1st - OCT 15,
9", 5; OCT 16-MARCH 31 - NO KILL- Artificial lures only

Objective : To provide additional trout angling opportunities in an area of
the state with very little extended season opportunities for wild trout.
Angler diary programs and electrofishing surveys in 2006 and 2008 will
document angler use during the extended season and demonstrate that the
trout population is unaffected by the added use after two and four years of
the regulation being in effect.

Rationale: Hosmer Brook provides a high quality fishery for wild brown and
rainbow trout. The nine inch minimum size limit has significantly increased
the wild trout population in this stream. The size limit along with removal
of stocking has changed this stream from primarily an April-June fishery
into one that is popular and productive all season. By opening the stream
all year and managing the Oct 16- March 31 time period with no-kill
regulations, additional opportunity can be offered to anglers with little or
no impact to the trout populations.

Note: CO has concerns about opening wild trout streams to year round
fishing - especially with no gear restrictions. May only take a couple
"less than scrupulous" anglers who decide to make their mark in life by
zeroing in on concentrations of big spawning trout to catch and release
these populations into oblivion.

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Proposal R9-7: To manage Lime Lake Outlet with the existing nine inch
minimum size limit, five trout per day regulation for the April 1-October 15
period and to keep the stream open for fishing the remainder of the year
under no-kill regulations with no special gear restrictions.

Recommended Wording: Lime Lake Outlet - TROUT, APRIL 1st - OCT 15, 9", 5
OCT 16-MARCH 31 - NO KILL - Artificial Lures Only

Objective: To provide additional trout angling opportunities in an area of
the state with very little extended season opportunities for wild trout.
Angler diary programs and electrofishing surveys in 2006 and 2008 will
document angler use during the extended season and demonstrate that the
trout population is unaffected by the added use after two and four years of
the regulation being in effect.

Rationale: Lime Lake Outlet provides a high quality fishery for wild brown
and rainbow trout. The nine inch minimum size limit has significantly
increased the wild trout population in this stream. The size limit along
with removal of stocking has changed this stream from primarily an
April-June fishery into one that is popular and productive all season. By
opening the stream all year and managing the Oct 16- March 31 time period
with no-kill regulations, additional opportunity can be offered to anglers
with little or no impact to the trout populations.

Note: CO has concerns about opening wild trout streams to year round
fishing - especially with no gear restrictions. May only take a couple
"less than scrupulous" anglers who decide to make their mark in life by
zeroing in on concentrations of big spawning trout to catch and release
these populations into oblivion.

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Proposal R9-8: To manage McKinstry Creek, in Cattaraugus County, with the
existing nine inch minimum size limit, five trout per day regulation for the
April 1-October 15 period (taking effect in the 2002-2004 guide) and to keep
the stream open for fishing the remainder of the year under no-kill
regulations with no special gear restrictions.

Recommended Wording: McKinstry Creek.- TROUT - APRIL 1st - OCT 15, 9", 5;
OCT 16-MARCH 31 - NO KILL - Artificial Lures
Only

Objective for Proposal: To provide additional trout angling opportunities in
an area of the state with very little extended season opportunities for wild
trout. Angler diary programs and electrofishing surveys in 2006 and 2008
will document angler use during the extended season and demonstrate that the
trout population is unaffected by the added use after two and four years of
the regulation being in effect.

Rationale: McKinstry Creek provides a high quality fishery for wild brown,
rainbow and brook trout. The nine inch minimum size limit is expected to
increase the wild trout population in this stream. The removal of stocking
has changed this stream from primarily an April-June fishery into one that
is popular and productive all season. By opening the stream all year and
managing the Oct 16- March 31 time period with no-kill regulations,
additional opportunity can be offered to anglers with little or no impact to
the trout populations.

Note: CO has concerns about opening wild trout streams to year round
fishing - especially with no gear restrictions. May only take a couple
"less than scrupulous" anglers who decide to make their mark in life by
zeroing in on concentrations of big spawning trout to catch and release
these populations into oblivion.
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Proposal R9-9: Create a 3.7 mile long no-kill trout fishing section on
Ischua Creek in the area of Franklinville, Cattaraugus County. The season
would be open year-round with only artificial lures allowed.

Recommended Wording: Ischua Creek from Farmersville/Franklinville town line
downstream 3.7 miles to the Cooney Road Fisherman Parking Area.   TROUT -
ALL YEAR - NO KILL - ARTIFICIAL LURES ONLY

Objective: Maintain at least 300 hours of fishing pressure with the
pressure distributed so April will account for less than 40% of the total
pressure and more than 20% of the pressure occurs after July 1 (CROTS
pattern one). The majority (>50%) of anglers using the special regulation
area are satisfied with their angling experience (determined through angler
use surveys). Maintain an angler catch rate of at least 1.0 trout/hour.
The number/mile of wild brown trout >14" should remain at or above 20/mile
in the section (this objective may be hard to properly evaluate due to
difficulty in sampling deep pools widespread in this section). The wild
brown trout biomass should increase to at least 60 lbs/acre.   Some
variation in these numbers will occur based on year class strengths and
environmental conditions (floods, droughts). These objectives should be met
by 2010, six fishing seasons after the regulation has taken effect. These
objectives will be evaluated with electrofishing surveys in 2006, 2008 and
2010 and through the use of angler use surveys and diaries in 2008 and 2010.

Rationale: This section of Ischua Creek contains good trout habitat,
excellent water quality, supports moderate to heavy fishing pressure and has
almost total public access. The stream supports a wild brown trout
population that is at about half of its estimated carrying capacity. Trout
anglers in Region 9 have stated their interest in having a diversity of
trout angling opportunities. Ischua Creek is currently stocked for 17.2
miles and this regulation change would affect only 3.7 miles of that water.
Region 9 currently stocks over 300 miles of stream with trout and manages
only 2.5 miles of those streams with no-kill regulations. This regulation
would provide an alternative angling experience, allow the wild trout
population to increase and maintain a high catch rate for hatchery trout.
It is the section of the creek that provides the best combination of water
quality and public access.   Currently, angling pressure is heavily weighted
toward opening day and the first month of the trout season. This regulation
should help to spread that use out through the whole season, and allow
anglers to fish before and after the regular trout season dates.

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Proposal R9-10: To change the walleye regulation in Chautauqua Lake from 15
"/five per day to 18 "/three per day.

Recommended Wording: Chautauqua Lake - Walleye - 1st Sat. May-March 15 -
18" - 3

Objective: By applying more conservative regulations, our intent is to
increase the abundance of the walleye spawning stock.

Rationale: Fisheries surveys indicated low recruitment of walleye since
1996, resulting in a declining abundance of legal (>15 in) walleye. Analysis
of the Chautauqua Lake long-term data set indicated a positive correlation
between spawning stock size and age-0 abundance. Increased protection of
walleye by a higher size limit and reduced creel should increase recruitment
over the long term. Also, these regulations are consistent with statewide
walleye management guidelines for waters where fingerling stocking is under
consideration.

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Proposal R9-11: To manage Red House Lake with a year round season for trout,
no minimum size and five trout per day regulation.

Objective: To have this lake continue to be managed as it has under
Allegany State Park regulations and to provide ice fishing opportunities for
warm water fish species.
Rationale: Red House Lake has been open year-round for trout fishing for
several years, under Allegany State Park regulations. Formerly, this has
been covered in the DEC regulation book by saying that for the park a
fishing permit is required and state park regulations apply. In 2002, the
park decided to officially drop the need for anglers to get a fishing
permit. Without anglers obtaining the park permit anymore, they would have
no idea that Red House Lake is open year-round for trout fishing. Red House
Lake is stocked in the fall with yearling trout. Surveys have shown that
the lake has no ability to hold trout through the summer months. The lake
is usually also stocked in the fall with surplus breeder trout. Because the
lake is exclusively a put and take situation, the year round season, with
ice fishing permitted is warranted and provides excellent opportunities for
anglers to access trout stocked in the fall and to ice fish for the warm
water fish species.
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Proposal R9-12: To manage Quaker Lake with a year round season for trout, no
minimum size and five trout per day regulation.

Objective: To have this lake continue to be managed as it has under Allegany
State Park regulations and to provide ice fishing opportunities for warm
water fish species.

Rationale: Quaker Lake has been open year-round for trout fishing for at
least 20 years, under Allegany State Park regulations. Formerly, this has
been covered in the DEC regulation book by saying that for the park a
fishing permit is required and state park regulations apply. In 2002, the
park decided to officially drop the need for anglers to get a fishing
permit. Without anglers obtaining the park permit anymore, they would have
no idea that Quaker Lake is open year-round for trout fishing. Quaker Lake
is stocked in the spring with yearling and two year old trout. Surveys have
shown that the lake has very little ability to hold trout through the summer
months. The lake is usually stocked again with surplus breeder trout in the
fall. Because the lake is exclusively a put and take situation, the year
round season, with ice fishing permitted is warranted and provides excellent
opportunities for anglers to access breeder trout stocked in the fall and to
ice fish for the warm water fish species.

CO comment: Why not apply 5 with no more than 2 over 12" option here and in
Red House Lake to best distribute harvest of large brood fish.