New York State Department of Environmental Conservation

05/14/2025 | Press release | Distributed by Public on 05/15/2025 00:00

Statewide - Office of General Counsel Program Policy on Public Rights of Navigation and Fishing

Public Notice

Office of General Counsel Program Policy on Public Rights of Navigation and Fishing

The New York State Department of Environmental Conservation (NYS DEC) has adopted an update to the Program Policy: OGC-9: Public Rights of Navigation and Fishing.

This update to the Program Policy addresses the need for additional guidance regarding the public rights of navigation and fishing on navigable waters of the United States. As such, this document will serve as General Counsel Policy with respect to the public right of navigation and fishing on navigable waters within the State for use by NYS DEC staff and the general public, but will no longer be considered enforcement guidance for NYS DEC staff.

The draft update to this Program Policy was noticed in the May 15, 2024 issue of the Environmental Notice Bulletin and the public comment period ended June 14, 2024. 16 written comments were received.

The full text and a pdf printable version of the updated Program Policy, along with a Summary of Public Comments and Responses, can be found on NYS DEC's website at: https://dec.ny.gov/things-to-do/boating/accessing-navigating-waterways

This updated Program Policy is effective immediately.

Primary Contact

Jonathan Gunther
NYS DEC - Office of General Counsel
625 Broadway, 14th Floor
Albany, NY 12233-1500

Phone: (518) 408-5753
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