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INJURIES TO HUDSON RIVER FISHERY RESOURCES:
FISHERY CLOSURES AND CONSUMPTION RESTRICTION
HUDSON RIVER NATURAL RESOURCE DAMAGE ASSESSMENT
HUDSON RIVER NATURAL RESOURCE TRUSTEES
U.S. DEPARTMENT OF THE INTERIOR
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
APRIL 2015
UPDATED FINAL REPORT
Available from: U.S. Department of Commerce National Oceanic and Atmospheric Administration Hudson River NRDA, Lead Administrative Trustee Damage Assessment Center, N/ORR31 1305 East-West Highway, Rm 10219 Silver Spring, MD 20910-3281
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The Hudson River Natural Resource Trustees have concluded that a natural resource, the Hudson
River fishery, has been injured as a result of the closures and health advisories that have been in
place for many years. The Hudson River fishery is an important natural resource that
provides significant recreational , economic, cultural and ecological services to the public. This
report examines: 1) the past and present injuries to fishery resources resulting from the
accumulation of polychlorinated biphenyls (PCBs) in Hudson River fish, and 2) the subsequent
actions taken by New York state officials to limit use of the resource in order to protect public
health. Since 1974, numerous studies have documented high concentrations of PCBs in the
water, sediments, and fish of the Hudson River, and the United States Environmental
Protection Agency (EPA) has designated approximately 200 miles of the Hudson River, from Hudson
Falls to the Battery in New York City, as a Superfund site.
This injury report is a component of a broader investigation being carried out by three
governmental agencies: the New York State Department of Environmental Conservation
(NYSDEC), the U.S. Department of the Interior (DOI), and the National Oceanic and
Atmospheric Administration (NOAA). These agencies, which act on the public’s behalf as
trustees of the Hudson River’s natural resources, are conducting a “natural resources damages
assessment” to determine whether the Hudson’s natural resources have been injured as a result of
releases of PCBs to the River. The Trustees will then evaluate how best to restore those resources
and the services they provide.
Since 1975, the presence of high concentrations of PCBs in the fish has led New York State
officials to close various recreational and commercial fisheries and to issue advisories restricting
the consumption of fish taken from the Hudson. Recreational fishing in the 40 mile reach of the
upper Hudson between Hudson Falls and the Troy Dam was prohibited from 1976 until 1995.
The recreational fishery in this reach was then designated as catch and release, and possession of
fish remains illegal except for anadromous river herring. 1 In addition, a number of important
commercial fisheries below Troy Dam have been closed or severely restricted for nearly forty
years. At the same time, advisories against consumption of Hudson River fish have been in effect
over the entire ~200 mile stretch of the river from Hudson Falls to the Battery (see Exhibit ES -
1). This report documents the events that led to the imposition of these restrictions, their
changing scope over time, and the nature of the restrictions that still exist today.
This report updates an earlier fish consumption advisory report issued by the Trustees (U.S. DOI
et al., 2001). Like the original report, the current report confirms that the public’s use of the
Hudson River fishery, whether for a livelihood, a source of recreational enjoyment, or for nutrition,
has been and continues to be severely curtailed as a result of the closures and health advisories
detailed in this report. The Trustees conclude that this constitutes an injury to this natural
resource within the meaning of federal regulation. Additional reductions in PCB
concentrations will be necessary to bring about the removal of these restrictions. It is the
Trustees’ intention to prepare a future report that will present their evaluation of the type and
amount of restoration that may be necessary to compensate the public for these losses.
EXECUTIVE SUMMARY
1 An exception exists for anadromous river herring, which may be taken between Lock 1 and the Troy Dam (see http://
www.dec.ny.gov/outdoor/31427.html, accessed 31 July 2014). Herring are considered to be a baitfish (http://
www.dec.ny.gov/outdoor/47282.html, accessed 25 September 2014), and their take was subject to further restrictions in
2012 (http://www.dec.ny.gov/docs/fish_marine_pdf/rhregchangesum.pdf, accessed 25 September 2014).
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EXHIBIT ES-1: CURRENT HUDSON RIVER FISH CONSUMPTION ADVISORIES
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EXECUTIVE SUMMARY
LIST OF EXHIBITS
1.0 INTRODUCTION ................................................................................................................................................ 1
2.0 REGULATORY BACKGROUND ...................................................................................................................... 1
3.0 PCB CONTAMINATION OF THE HUDSON RIVER .................................................................................. 2
3.1 HISTORICAL RELEASES OF PCBS TO THE HUDSON RIVER ...................................... 2
3.2 ONGOING RELEASES OF PCBS TO THE HUDSON RIVER .......................................... 2
3.3 PCB CONTAMINATION OF HUDSON RIVER FISH .......................................................... 4
4.0 STATE DIRECTIVES TO LIMIT OR BAN CONSUMPTION OF HUDSON RIVER FISH ................. 5
4.1 RECREATIONAL AND COMMERCIAL FISHING CLOSURES ....................................... 6
4.1.1 The First Regulatory Closure of the Fishery .................................................................... 6
4.1.2 Changes in the Regulatory Closures from 1976 to the Present .................................... 8
4.1.3 Hudson Falls to the Troy Dam .......................................................................................... 9
4.1.4 Commercial Fishing Below the Troy Dam ..................................................................... 10
4.1.5 Recreational Fishing Below the Troy Dam .................................................................... 10
4.2 FISH CONSUMPTION ADVISORIES ....................................................................................... 10
4.2.1 Overview of New York’s Advisory Program ................................................................. 18
4.2.2 Hudson River Advisories ................................................................................................... 18
4.2.3 Hudson River Advisories for Women Under 50 and Children Under 15 ................ 19
4.2.4 Hudson River Advisories for Women Over 50 and Men Over 15 ........................... 19
4.2.5 Hudson Falls to the Troy Dam ........................................................................................ 23
4.2.6 Troy Dam to Catskill .......................................................................................................... 23
4.2.7 Catskill South ....................................................................................................................... 23
5.0 BASELINE DETERMINATION ..................................................................................................................... 24
6.0 SUMMARY OF DETERMINATION OF INJURY TO HUDSON RIVER FISHERY RESOURCES . 25
7.0 REFERENCES .................................................................................................................................................. 26
TABLE OF CONTENTS
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LIST OF EXHIBITS
Exhibit ES-1 Current Hudson River Fish Consumption Advisories
Exhibit 1 Hudson River from Hudson Falls to the Battery, New York City ............................... 3
Exhibit 2 Hudson River PCB-Based Commercial and Recreational Regulatory Closures ........ 7
Exhibit 3 Hudson River Fishery Closures in 1976 ............................................................................ 8
Exhibit 4 Hudson River Fishery Closures for 2014-2015 ................................................................ 9
Exhibit 5 Hudson River PCB-Based Recreational Fish Consumption Advisories South of
Hudson Falls, 1976-Present ............................................................................................... 10
Exhibit 6 Hudson River PCB-Based Fish Consumption Advisories: Women Under 50 and
Children Under 15 ............................................................................................................... 11
Exhibit 7 Hudson River PCB-Based Fish Consumption Advisories: Women Over 50 and Men
Over 15 .................................................................................................................................. 12
Exhibit 8 Hudson River PCB-Based Fish Consumption Advisories: By Geographic Area ... 15
Exhibit 9 Hudson River Fish Consumption Advisories in 1976 .................................................. 20
Exhibit 10 Fish Consumption Advisories for Women Over 50 and Children Under 15, 1976 to
Present ................................................................................................................................... 21
Exhibit 11 Current Hudson River Fish Consumption Advisory for Women Over 50 and Men
Over 15, 2014-2015 ............................................................................................................. 22
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ACRONYMS AND ABBREVIATIONS
CERCLA Comprehensive Environmental Response, Compensation, and Liability Act
CWA Clean Water Act
DOI U.S. Department of the Interior
EPA U.S. Environmental Protection Agency
GE General Electric
HRNRT Hudson River Natural Resource Trustees
NOAA National Oceanic and Atmospheric Administration
NRDA Natural Resource Damage Assessment
NYSDAM New York State Department of Agriculture and Markets
NYSDEC New York State Department of Environmental Conservation
NYSDOH New York State Department of Health
PCBs Polychlorinated biphenyls
ppb Parts per billion (for example, one microgram per kilogram, or μg/kg)
ppm Parts per million (for example, one milligram per kilogram, or mg/kg)
ppt Parts per trillion (for example, one nanogram per kilogram, or ng/kg)
USFDA U.S. Food and Drug Administration
USFWS U.S. Fish and Wildlife Service
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1. INTRODUCTION
Since 1975, New York State has restricted fishing in the Hudson River and the consumption of fish taken from
the Hudson because of the presence of high concentrations of polychlorinated biphenyls (PCBs) in the fish. The
Hudson River fishery is an important natural resource that provides significant recreational , economic,
cultural and ecological services. Both the freshwater and estuarine portions of the river support diverse fish
populations. The river is home to resident, anadromous, and marine species and has, in the past, supported
both a commercial and a recreational fishery (Hetling et al., 1978). However, the presence of high
concentrations of PCBs in the fish has led New York State officials to restrict the public’s use of this
resource. This report documents the events that led to the imposition of these restrictions, their
changing scope over time, and the nature of the restrictions that still exist today.
This report is a component of a broader investigation of the impacts of PCBs on the Hudson River ecosystem
being carried out by three governmental agencies: the New York State Department of Environmental
Conservation (NYSDEC), the U.S. Department of the Interior (DOI), and the National Oceanic and
Atmospheric Administration (NOAA). These agencies act on the public’s behalf as trustees of the Hudson
River’s natural resources.2 The trustee agencies (the Trustees) initiated this investigation, called a “natural
resources damages assessment,” in 1997.3 The goals of the assessment are to determine whether natural
resources have been injured as a result of releases of PCBs to the Hudson River and, if so, to determine how to
restore those resources.
In 2001, the Trustees issued a report determining injuries to fishery resources based on fishery closures and
consumption restrictions from PCBs (DOI et al., 2001) . The current report updates that document, and like
the original, confirms that the public’s use of and access to the Hudson River fishery have been severely curtailed
because of the PCB contamination in the fish. A number of important commercial fisheries have been closed
or severely restricted for nearly forty years. Recreational fishing in the upper reaches of the Hudson between
Hudson Falls and Troy was prohibited for 20 years (1976-1995) and then limited to catch-and-release (1995-
present). At the same time, advisories against consumption of Hudson River fish due to PCBs have been in effect
over the entire ~200-mile length of the river from Hudson Falls in the north to New York Harbor in the
south. Based on these facts, the Trustees conclude that this natural resource, the Hudson River fishery,
has been injured. It is the Trustees’ intention to prepare a future report that will present their evaluation of
the type and amount of restoration that may be necessary to make the public whole for the loss of this injured
resource.
2. REGULATORY BACKGROUND
Regulations promulgated under the Comprehensive Environmental Response, Compensation, and Liability
Act ( CERCLA) by DOI define the injury that is the subject of this investigation. The regulations provide
that a natural resource injury exists whenever a hazardous substance, such as PCBs, is present in the fish flesh at
concentrations sufficient to “exceed action or tolerance levels established by the Food and Drug Administration
(FDA) under section 402 of the Food, Drug and Cosmetic Act, 21 U.S.C. §342, in edible portions of
2 The Trustees act under authority granted to them in section 107(f) of the Federal Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), as amended, 42 U.S.C. §9607(f), section 311(f)(5) of the Federal Clean Water Act (CWA), as
amended, and other applicable Federal and state laws.
3 The Trustees’ decision to proceed with this investigation is documented in the Preassessment Screen Determination for The Hudson River, New
York, issued by the State of New York, the National Oceanic and Atmospheric Administration, and the United States Department of the
Interior, on October 1, 1997. The Preassessment Screen is available (as of 15 August 2014) at the following website: http://www.dec.ny.gov/
lands/32758.html. The Trustees have also published a description of the assessment process in the Hudson River Natural Resource Damage
Assessment Plan (HRTC 2002).
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organisms...” or “exceed levels for which an appropriate State health agency has issued directives to limit or ban
consumption of such organism.”4
This report focuses on the New York State regulations and New York State Department of Health (NYSDOH)
consumption advisories restricting fishing and fish consumption in the Hudson River that were triggered beginning
in 1975 by high concentrations of PCBs in Hudson River fish. The Trustees are also reviewing
contaminant data to assess injury associated with exceedances of the FDA tolerance level for PCBs. The
results of that effort will be presented in a separate report.
3. PCB CONTAMINATION OF THE HUDSON RIVER
3.1 HISTORICAL RELE ASES OF PCBS TO THE HUDSON RIVER
Since 1974, numerous studies have documented high concentrations of PCBs in the water, sediments, and fish
of the Hudson River (e.g., Horn et al., 1979; Armstrong and Sloan, 1988; Sloan and Armstrong, 1988; Brown
et al., 1985; Sloan et al., 1983; Sloan et al., 1984; EPA, 1991; Sloan et al., 2002; Sloan et al., 2005; HRNRT
2013).5 Because of this contamination, the United States Environmental Protection Agency (EPA) designated a
200-mile stretch of the Hudson River, from Hudson Falls to the Battery in New York City, as a Superfund
site (EPA, 1984; EPA, 1991).6
The primary contributors of PCBs to the Hudson River are two electrical capacitor manufacturing plants
located at Hudson Falls and Fort Edward, NY, which are owned by the General Electric Company (EPA,
1984). General Electric (GE) began using PCBs in its manufacturing processes at the Fort Edward and Hudson
Falls plants in 1947 and 1952, respectively (Hetling et al., 1978). Both plants discharged manufacturing
process wastewater containing PCBs directly to the Hudson River until 1977 (EPA, 1991). Investigations of
plant discharges by NYSDEC staff in 1975 also revealed PCB discharges from the Hudson Falls plant to the
sanitary sewer system leading to the Hudson Falls Village Sewage Treatment Plant, and PCB-contaminated
storm water discharges to the Hudson River from both plants (NYSDEC, 1975a).
From 1977 to 1995, production of capacitors continued at the Hudson Falls site using substitute fluids
(NYSDEC 2004). After 1977, the Fort Edward facility also continued to operate using substitute fluids, but
the plant has now been scheduled for closure in 2015 (Nearing 2014). In 1991, EPA estimated that the
amount of PCBs released from these plants to the sediments and waters of the Hudson River between 1947
and 1977 ranged from 209,000 to 1,330,000 pounds (EPA, 1997b).
3.2 ONGOING RELEASES OF PCBS TO THE HUDSON RIVER
Even after GE ceased using PCBs at its plants in 1977, contamination at the plant sites continued to impact
the river (NYSDEC, 1999). In 1991 and 1992, measured PCB concentrations in the waters of the Hudson
River rose significantly (O’Brien and Gere, 1994). As a result of further investigation, a continuing source of
PCB releases to the Hudson River was discovered at the Hudson Falls plant site in October 1992. Past spills
of PCBs at the plant had saturated the bedrock beneath the plant with PCB oils. These oils were found to be
migrating to the river through bedrock fractures. PCBs had also accumulated inside an abandoned mill
located adjacent to the Hudson Falls plant known as the Allen Mill. In September 1991, it is believed that a
4 The regulations can be found at 43 CFR §11.62(f)(1)(ii) and 43 CFR §11.62(f)(1)(iii).
5 PCBs are listed as hazardous substances in Table 302.4, List of Hazardous Substances and Reportable Quantities under CERCLA (40 CFR
§302.4(a)) and as toxic pollutants pursuant to 40 CFR §401.15, as amended, under the CWA. PCBs are thus a hazardous substance within the
meaning of CERCLA Section 101(14), 42 U.S.C. §9601(14).
6 Exhibit 1 depicts the location and geographic extent of the Superfund site.
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EXHIBIT 1: HUDSON RIVER FROM HUDSON FALLS TO THE BATTERY, NEW YORK CITY
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gate on the mill’s upper raceway failed, allowing water to flow through the mill and scour out a large quantity
of PCBs, causing a dramatic increase of PCB concentrations in the river water ( ibid.).
In 1994, as GE was conducting cleanup measures at the Allen Mill required by a NYSDEC Order, other
seeps of PCB-contaminated oil from GE's Hudson Falls plant were discovered. After temporarily de -
watering the river bed, PCB product was collected from these seeps at an estimated rate of five to nine
gallons daily. An unknown quantity of PCBs had entered the river through fractured bedrock under the
Hudson Falls plant site (O'Brien and Gere, 1997).
Also in the early 1990s, PCBs were found to be leaking into the Hudson River via the gravel bedding of an
old discharge pipe at the Fort Edward site (NYSDEC, 2000). Estimates of ongoing discharges from both
GE plant sites were approximately three ounces a day in 1999 (Schweiger, 1999).
Under Consent Orders with NYSDEC, GE has implemented a series of remedial measures at both the
Hudson Falls and Fort Edward plant sites to curtail discharges of PCBs from the areas adjacent to those
plants. These measures appear to have been largely successful: while Hudson River water PCB
concentrations typically exceeded 30 parts per trillion (ppt) downstream of the plants in the mid -1990s,
concentrations currently are less than 2 ppt (Arcadis 2014). This value, while much reduced from previously,
remains higher than levels upstream of Bakers Falls (Louis Berger Group, Inc., 2010). F ish and invertebrates
sampled in 2011 near and below the Fort Edward plant (Outfall 004, north of the targeted dredging area)
had significantly higher PCB concentrations than did fish sampled above the outfall (Richter 2014).
Contaminated sediments also continue to contribute a significant amount of PCBs to the water column.
EPA concluded that the contaminated sediments in the upper Hudson River are a major source of PCBs to
the entire river environment at least as far as New York Harbor (EPA, 1997b). The Contaminant
Assessment and Reduction Project identified the upper freshwater non -tidal portion of the Hudson River
Superfund Site to be the dominant external source of PCBs to the New York/New Jersey Harbor Estuary,
contributing about three-quarters of the PCB load below Troy Dam to the Atlantic Ocean, and modeling
shows these PCBs are transported throughout the entire estuary, including Newark Bay (CARP 2008).
The extent and severity of sediment contamination led EPA to select dredging parts of the upper Hudson
River as a remedy for the site (EPA 2002). GE began dredging the upper Hudson River in 2009, and
dredging is scheduled to continue into 2015 (Louis Berger Group, Inc., 2010; GE, 2014a). Even after
dredging is completed, significant quantities of PCBs will remain in unremediated surface and subsurface
sediment, especially in River Sections 2 and 3 (from the Thompson Island Dam to the Troy Dam). The
unremediated PCBs in the river sediments will continue to act as a source of ongoing contamination (Field et
al. 2011).
Floodplain soils are contaminated with PCBs from the two GE plant sites. NOAA, EPA and GE have
collected sediment samples in the floodplains documenting PCBs in surface and subsurface samples.
Floodplain soils are a potential ongoing source of PCBs to the river. Floodplains serve as a pathway of PCBs
to fish when contaminated floodplain soils erode into the river, when the floodplains become inundated
during storms or when diurnal changes in water levels from hydroelectric production alter water stages and
the shoreline. The EPA approved a Remedial Investigation / Feasibility Study Work Plan for the Upper
Hudson River floodplains in September 2014 (GE, 2014b) . Subsequently, EPA will evaluate existing data
and select a remedy for the floodplains.
3.3 PCB CONTAMINATION OF HUDSON RIVER FISH
Fish in the Hudson River accumulate PCBs in their tissues through exposure to contaminated sediment,
water and food. Historical data establish a link between PCBs released and deposited to the upper Hudson River
and PCBs in fish throughout the river (Sloan and Field, 1996; Skinner et al., 1996; NOAA, 1997).
New York State began assessing contaminant concentrations in fish flesh in the early 1960s. Elevated
concentrations of PCBs were first discovered in Hudson River biota in 1969, but “their importance was not
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recognized for several years” (Hetling et al., 1978). In the early 1970s, NYSDEC began collecting limited data
on PCBs in New York waters and fish. In 1973, the federal FDA adopted a “tolerance” level for PCBs in food
sold commercially, including fish, of 5 parts per million (ppm) in the edible portion (38 FR 18096); in 1984,
this limit was lowered to 2 ppm (49 FR 21514).
In August 1974, EPA conducted an investigation of PCB contamination in the upper Hudson (Nadeau and
Davis, 1974). Water column and sediment samples were taken in the vicinity of the Hudson Falls and Fort
Edward plants, as well as composites of snails and samples of common shiners and rock bass. This preliminary
field investigation revealed extremely high concentrations of PCB contamination in all media (2.8 ppm in
water and 6,700 ppm in sediments at Fort Edward outfall; 45 ppm in snail composite; 78 ppm in
common shiners ; and 350 ppm in a rock bass) (Nadeau and Davis, 1976). EPA concluded that the PCB
contamination of the Hudson River exceeded, in level and scope, any other area in the United States (EPA,
1975).
EPA reported these high PCB concentrations to NYSDEC. As a consequence, beginning in December 1974,
NYSDEC undertook a systematic PCB sampling program in conjunction with EPA both to determine the
concentrations and extent of PCB contamination in the waters and sediments of the upper Hudson in the
area of GE’s plants and to identify sources and assess the significance of the contamination. NYSDEC found
high levels of PCBs in upper Hudson River water and sediments resulting from the activities of the GE plants
(NYSDEC, 1975a).
In 1975, NYSDEC initiated a systematic program of sampling fish for PCB analysis. The 1975 sampling results
for the Hudson River were reported in NYSDEC (1976) and by Spagnoli and Skinner (1977). Nearly 100% of
the samples taken from stations at and below Fort Edward exceeded the 5 ppm FDA tolerance level.
Reviewing the sampling data from the Hudson River from 1970-75, Spagnoli and Skinner concluded that the
“ Hudson River b e l o w H u d s o n F a l l s contains fish with the highest level of total PCB’s [sic] of any
waterway sampled” (Spagnoli and Skinner, 1977). Results above 50 ppm were not uncommon in the larger, oilier
fish; the highest individual concentration recorded during this period was over 550 ppm in a large eel.
Since 1975, NYSDEC’s monitoring program has regularly measured PCB concentrations in fish from the Hudson
River. Elevated PCB concentrations were found in collections of many fish species during the 1970s, with
the highest concentration of 2,792 ppm found in a largemouth bass fillet from river mile 167 in 1978 (NOAA
2012). Initially, DEC targeted 660 fish for sampling with an emphasis on recreational and commercially
important species, including striped bass, American shad, largemouth bass, brown bullhead, yellow perch,
goldfish, white perch, Atlantic tomcod and American eel (NYSDEC, 1977). The current long term PCB
monitoring project collects up to 490 fish and invertebrate samples from seven locations. The program
primari ly col lects striped bass, largemouth bass, smallmouth bass, bul lheads and catfish, American eel ,
white perch, yel low perch and carp. In addition to these sportfish, yearl ing pumpkinseed and shiners
are col lected in the fal l , and small fish and invertebrates are col lected in the vicin ity of the Fort
Edward plant outfal l (Richter , 2011; Richter, 2013).
4. STATE DIRECTIVES TO LIMIT OR BAN CONSUMPTION OF HUDSON RIVER
FISH
According to DOI’s NRDA regulations, fishery resources are injured if the fish contain concentrations of a
hazardous substance that exceed levels for which a state health agency has issued directives to limit or ban
consumption of such organism (43 CFR §11.62 (f)(1)(iii)). Between 1975 and the present, New York State
public health and environmental officials have taken two types of action in response to the high
concentrations of PCBs measured in Hudson River fish. NYSDEC has exercised its statutory authority to
close commercial and/or recreational fishing for certain or all species in a water body or to restrict the
6
HU
DS
ON
RIV
ER
INJU
RIE
S T
O H
UD
SO
N R
IVE
R F
ISH
ER
Y R
ES
OU
RC
ES:
FIS
HE
RY
CL
OS
UR
ES A
ND
C
ON
SU
MP
TIO
N R
ES
TR
ICT
ION
S
INJURIES TO HUDSON RIVER FISHERY RESOURCES:
FISHERY CLOSURES AND CONSUMPTION RESTRICTIONS
possession of fish. In addition, NYSDOH has issued advisories recommending that the public limit its
consumption of contaminated fish species. Both agencies took these actions to protect public health by
limiting or banning consumption of PCB-contaminated fish. These types of actions, “directives to limit or ban
consumption,” fall within the definition of injury provided by the DOI regulations.
Fishing closures (Section 4.1) differ from health advisories (Section 4.2): in a closure, any fishing or taking of
the targeted fish is prohibited, or fishing is restricted to “catch and release”. In contrast, fishing advisories
allow for fishing and the taking of fish but advise against the consumption of more than a certain amount.
As indicated above, both closures and advisories can be motivated by human health -related concerns.
The following sections provide a d e t a i l e d chronological history of fishing closures and health advisories
for Hudson River fish imposed because of PCB contamination.
4.1 RECREATIONAL AND COMMERCIAL FISHING CLOSURES
The New York Environmental Conservation Law was amended in May 1970 to give NYSDEC the
authority to restrict the taking of fish or the sale or possession of fish in response to a threat to public health
certified by either the NYSDOH or the New York State Department of Agriculture and Markets (NYSDAM).
In the early 1970s, NYSDEC acted on the recommendation of an interagency committee of individuals
representing each of the three agencies. In subsequent years, NYSDEC has taken action to regulate the
taking, possession or sale of fish based on a NYSDOH certification of a danger to the health and welfare of
the human population. NYSDEC issues specific regulations to establish these restrictions (see Exhibit 2 for
an overview of regulatory closures from 1975 to 2014). The current version of these regulations can be found
in the New York Code of Rules and Regulations (NYCRR), Title 6, Parts 10 and 11 (see, in particular, 6
NYCRR §§11.2 and 11.3 restricting the taking of certain Hudson River fish and the possession and sale of
striped bass).
4.1.1 The First Regulatory Closure of the Fishery
In October 1975, New York Governor Hugh Carey appointed a special commission to study the public
health implications of elevated concentrations of PCBs in the Hudson River and to make recommendations
for action. In December 1975, at the request of Dr. Kevin Cahill, Special Assistant to the Governor for
Health Affairs, Dr. Merrill Eisenbud of New York University Medical Center’s Institute of Environmental
Medicine headed a committee to study the public health implications of elevated PCB concentrations in the
Hudson River. The committee found that most species of Hudson River fish were contaminated with PCBs,
and that concentrations in several species exceeded the FDA guideline of 5 ppm “by a substantial
margin” (Eisenbud, 1975). The committee recommended that no fish be taken from Fort Edward to the Troy
Dam, and specifically indicated that “[t]his action is justified by the extraordinarily high levels of PCB’s [sic]
found in all species of fish in this reach of the river.” In addition, it was recommended that no eels taken from
the Hudson River be consumed, that the taking of eels be banned, and that, with the exception of shad, all
commercial fishing in the reaches of the Hudson within New York State also be banned. Finally, the
committee recommended that, while sportfishing could be allowed below the Troy Dam, the public should
restrict their intake of Hudson River fish to one meal a week; infants and pregnant women should avoid
eating any fish from the Hudson River; and the sale of such fish should be banned (ibid.).
New York acted quickly after receiving these recommendations. On February 24, 1976, NYSDOH
Commissioner Robert P. Whalen certified to NYSDEC Commissioner Ogden Reid that “the health and
welfare of the human population may be endangered by the consumption of fish taken from the Hudson
River between Fort Edward and the Battery by reason of a concentration of polychlorinated biphenyls in
such fish” (Whalen, 1976). Following the Eisenbud committee’s recommendations, NYSDOH Commissioner
Whalen advised that no fish taken between Fort Edward and the Troy Dam be consumed, that no eels taken
from the Hudson River be consumed, that public consumption of fish taken below the Troy Dam be limited
IN
JUR
IES T
O H
UD
SO
N R
IVE
R F
ISH
ER
Y R
ES
OU
RC
ES:
FIS
HE
RY
CL
OS
UR
ES A
ND
CO
NS
UM
PT
ION
RE
ST
RIC
TIO
NS
7
HU
DS
ON
RIV
ER
INJURIES TO HUDSON RIVER FISHERY RESOURCES:
FISHERY CLOSURES AND CONSUMPTION RESTRICTIONS
KEY
X
Fis
hin
g p
roh
ibite
d
R
Ca
tch
an
d r
ele
ase
fis
hin
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nly
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ep
t fo
r a
llow
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ba
it s
pe
cie
s d
esc
rib
ed
in s
ec
tio
n 1
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31
5 o
f th
e E
nv
iro
nm
en
tal C
on
serv
atio
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aw
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akin
g o
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ert
ain
sp
ec
ies
as
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it is
pe
rmitte
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e a
nd
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mb
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nst
rain
ts);
oth
erw
ise
ta
kin
g is
pro
hib
ite
d.
Clo
sure
No
tes
1. Eff
ec
tiv
e 2
/25
/76
. F
rom
Fo
rt E
dw
ard
to
Tro
y D
am
, a
ll fish
ing
inc
lud
ing
th
e t
akin
g o
f A
me
ric
an
ee
l is
pro
hib
ite
d. F
rom
Tro
y D
am
to
th
e B
att
ery
, c
om
me
rcia
l fish
ing
is
ba
nn
ed
fo
r a
ll sp
ec
ies
exc
ep
t fo
r A
tla
ntic
stu
rge
on
gre
ate
r th
an
4 f
t.
in le
ng
th, g
old
fish
, a
nd
Am
eric
an
sh
ad
(R
eid
19
76
; 6
NY
CR
R §
12
.19
).
2. C
om
me
rcia
l ta
kin
g o
f b
aitfish
a
llow
ed
(B
erle
19
76
; 6
NY
CR
R §
12
.19
).
3. B
an
on
ta
kin
g o
r p
oss
ess
ion
of
Am
eric
an
ee
l e
xte
nd
ed
to
Ha
rle
m a
nd
Ea
st R
ive
rs (
10
/14
/77
; 6
NY
CR
R §
11
.1).
4. Th
e 1
976
co
mm
erc
ial fish
ing
ba
n o
n s
trip
ed
ba
ss in
lo
we
r H
ud
son
Riv
er
is r
ec
on
firm
ed
(N
YSD
EC
19
81
).
5. C
om
me
rcia
l fish
ing
re
stric
ted
fo
r c
om
mo
n c
arp
, g
old
fish
, w
hite
ca
tfis
h, a
nd
wh
ite
pe
rch
, e
ffe
ctiv
e 2
/23
/82
(6
NY
CR
R §
§1
1.2
).
Takin
g o
f c
arp
an
d w
hite
pe
rch
fo
r u
se a
s b
ait p
erm
itte
d.
6. Ta
kin
g o
r p
oss
ess
ion
of
Am
eric
an
ee
l le
ss t
ha
n 1
4 in
ch
es
in le
ng
th f
or
use
or
sale
as
ba
it p
erm
itte
d; ta
kin
g a
nd
sa
le o
f A
me
ric
an
ee
l to
fo
reig
n c
ou
ntr
ies
allo
we
d (
2/2
3/8
2)
the
n p
roh
ibite
d,
(10
/6/8
2)
(6 N
YC
RR
§12
.19
, re
nu
mb
ere
d §
11
.3
the
n §
11
.2).
Ta
kin
g o
f e
el l
ess
th
an
14
inc
he
s fo
r b
ait p
erm
itte
d t
o t
he
pre
sen
t.
7. C
om
me
rcia
l c
losu
re e
xp
an
de
d (
3/1
5/8
5)
to in
clu
de
bla
ck c
rap
pie
, b
row
n b
ullh
ea
d, c
arp
, g
old
fish
an
d p
um
pkin
see
d s
un
fish
(6
NY
CR
R §
11
.2).
8. Sta
tew
ide
clo
sure
of
co
mm
erc
ial a
nd
re
cre
atio
na
l st
rip
ed
ba
ss f
ish
ery
(7
/5/8
6).
Re
cre
atio
na
l c
losu
re lifte
d 4
/27
/87 (
6 N
YC
RR
§1
1.3
).
9. R
ec
rea
tio
na
l c
atc
h a
nd
re
lea
se f
ish
ing
pe
rmitte
d f
rom
Ft.
Ed
wa
rd t
o T
roy D
am
aft
er
8/3
0/9
5 (
6 N
YC
RR
§§
10
.3, 1
1.2
). P
oss
ess
ion
of
fish
an
d A
me
ric
an
ee
l o
ve
r 1
4 in
ch
es
rem
ain
pro
hib
ite
d.
10
. Fis
hin
g b
an
ne
d f
or
Atl
an
tic
stu
rge
on
in 1
99
6 (
6 N
YC
RR
§11
.2; a
lso
se
e h
ttp
://w
ww
.de
c.n
y.g
ov
/an
ima
ls/3
71
21
.htm
l).
11
. R
ec
rea
tio
na
l c
atc
h a
nd
re
lea
se f
ish
ing
on
ly f
or
Am
eric
an
sh
ad
no
rth
of
the
Ge
org
e W
ash
ing
ton
Brid
ge
eff
ec
tiv
e 6
/9/2
00
8 (
6 N
YC
RR
§10
.1).
12
. B
an
on
ta
kin
g o
r p
oss
ess
ion
of
Am
eric
an
sh
ad
fro
m t
he
Fe
de
ral D
am
at
Tro
y s
ou
th t
o t
he
Ta
pp
an
Ze
e B
rid
ge
fo
r c
om
me
rcia
l fi
shin
g a
nd
fo
r th
e H
ud
son
Riv
er
an
d t
rib
uta
rie
s n
ort
h o
f th
e G
eo
rge
Wa
shin
gto
n B
ridg
e f
or
rec
rea
tio
na
l
fish
ing
eff
ec
tiv
e 3
/17
/201
0 (
(6 N
YC
RR
§§
10.1
, 1
1.2
).
Re
ac
h B
ou
nd
ary
No
tes
Clo
sure
s a
pp
ly t
o t
rib
uta
ries
an
d c
on
ne
cte
d w
ate
rs if
th
ere
are
no
da
ms,
fa
lls, o
r b
arr
iers
to
sto
p f
ish
fro
m m
ov
ing
up
stre
am
. A
. C
losu
re a
rea
re
-de
fin
ed
as
Ba
ke
rs F
alls
to
Tro
y D
am
(1
1/2
/87
).
EX
HIB
IT 2
: H
UD
SO
N R
IVE
R P
CB
-BA
SE
D C
OM
ME
RC
IAL
AN
D R
EC
RE
AT
ION
AL
RE
GU
LAT
OR
Y C
LOS
UR
ES
1976
1977
1978
1979
1980
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
Co
mm
erc
ial
Fis
hin
g
All
spe
cie
s
(exc
ep
t a
llow
ed
ba
it f
ish
ing
)X
1X
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
Re
cre
atio
na
l
Fis
hin
g
All
spe
cie
s
(exc
ep
t a
llow
ed
ba
it f
ish
ing
)X
1X
XX
XX
XX
XX
XX
XX
XX
XX
XX
9R
9R
RR
RR
RR
RR
RR
RR
RR
RR
RR
All
spe
cie
s e
xc
ep
t a
s in
dic
ate
d b
elo
w:
X1
,2X
XX
XX
Am
eric
an
ee
lX
1X
3X
XX
XB
6B
BB
BB
BB
BB
BB
BB
BB
BB
BB
BB
BB
BB
BB
BB
BB
BB
Am
eric
an
sh
ad
X1
2X
12
X1
2X
12
X1
2
Atla
ntic
stu
rge
on
(u
nd
er
4 f
t. lo
ng
)X
XX
XX
XX
10
XX
XX
XX
XX
XX
XX
XX
XX
XX
Atla
ntic
stu
rge
on
(o
ve
r 4 f
t. lo
ng
)X
10
XX
XX
XX
XX
XX
XX
XX
XX
XX
Bla
ck c
rap
pie
XX
XX
XX
X7
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
Bro
wn
bu
llhe
ad
XX
XX
XX
X7
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
Co
mm
on
ca
rpX
XX
XX
XB
5B
BB
BB
BB
BB
BB
BB
BB
BB
BB
BB
BB
BB
BB
BB
BB
Go
ldfish
(e
xc
ep
t a
s o
rna
me
nta
ls)
X5
XX
X7
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
Pu
mp
kin
see
dX
XX
XX
XX
7X
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
X
Wh
ite
ca
tfis
hX
XX
XX
XX
5X
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
Wh
ite
pe
rch
XX
XX
XX
B5
BB
BB
BB
BB
BB
BB
BB
BB
BB
BB
BB
BB
BB
BB
BB
B
Str
ipe
d b
ass
XX
XX
XX
4X
XX
XX
8X
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
Am
eric
an
ee
l X
1X
3X
XX
XB
6B
BB
BB
BB
BB
BB
BB
BB
BB
BB
BB
BB
BB
BB
BB
BB
BB
Am
eric
an
sh
ad
R1
1R
X1
2X
12
X1
2X
12
X1
2
Atla
ntic
stu
rge
on
X1
0X
XX
XX
XX
XX
XX
XX
XX
XX
X
Str
ipe
d b
ass
X8
XX X X B
TRO
Y D
AM
TO
BA
TTER
Y
197
6-2
01
4
Re
cre
atio
na
l
Fis
hin
g
B X
Co
mm
erc
ial
Fis
hin
g
X X
1995
FO
RT
ED
WA
RD
A T
O T
RO
Y D
AM
8
HU
DS
ON
RIV
ER
INJU
RIE
S T
O H
UD
SO
N R
IVE
R F
ISH
ER
Y R
ES
OU
RC
ES:
FIS
HE
RY
CL
OS
UR
ES A
ND
C
ON
SU
MP
TIO
N R
ES
TR
ICT
ION
S
INJURIES TO HUDSON RIVER FISHERY RESOURCES:
FISHERY CLOSURES AND CONSUMPTION RESTRICTIONS
to one meal a week, 7 and that infants and pregnant women eat no fish from the Hudson (ibid.). The next day,
NYSDEC Commissioner Reid issued an order and a set of regulations prohibiting: (1) all fishing and the
taking of American eel between Fort Edward and the Troy Dam; (2) all commercial fishing, except for
Atlantic sturgeon greater than four feet, goldfish and American shad, from Troy Dam to the Battery in New
York City; (3) all taking of American eel; and (4) the sale of any fish or American eel taken from the Hudson
River from Fort Edward to the Battery (Reid, 1976; 6 NYCRR §12.19). This event closed most of the
commercial fisheries in the Hudson, prohibited recreational angling in the upper Hudson River, and thus
severely restricted the public’s use of the resource (see Exhibit 3).
4.1.2 Changes in the Regulatory Closures from 1976 to the Present
NYSDEC has adjusted the recreational and commercial fishery closures from time to time based on the
accumulating contaminant data. This process was formalized in NYSDEC’s 1985 Policy on Contaminants in
Fish, which provided that a closed recreational or commercial fishery could not be re-opened without a Health
Department certification that the conditions requiring the closure were no longer present (NYSDEC, 1985).
While there have been some modifications over time as set out below, most of the components of the initial
closures remain in place to this day (see Exhibit 4). The closures also apply to tributaries and connected
waters if there are no dams, falls or barriers to stop the fish from moving upstream.
7 As noted previously, in 1971, NYSDOH, NYSDEC, and NYSDAM established a general, statewide advisory to eat no more than one meal of
fish per week from any waters of the state (State of New York, 1971). The Commissioner’s recommendation of limiting consumption to no more
than one meal per week is not shown in Exhibit 3 because it is not more restrictive than this general advisory already in place.
EXHIBIT 3: HUDSON RIVER FISHERY CLOSURES IN 1976
IN
JUR
IES T
O H
UD
SO
N R
IVE
R F
ISH
ER
Y R
ES
OU
RC
ES:
FIS
HE
RY
CL
OS
UR
ES A
ND
CO
NS
UM
PT
ION
RE
ST
RIC
TIO
NS
9
HU
DS
ON
RIV
ER
INJURIES TO HUDSON RIVER FISHERY RESOURCES:
FISHERY CLOSURES AND CONSUMPTION RESTRICTIONS
4.1.3 Hudson Falls to the Troy Dam
NYSDEC’s February 25, 1976 order closed all fishing from Hudson Falls to the Troy Dam, an expanse of
more than 40 river miles. The prohibition applied to both recreational and commercial fishing.8 This ban
remained in place until 1995, when NYSDEC modified the regulations to permit "catch and release" recreational
fishing within this reach (6 NYCRR §§10.3 and 11.2).9 Despite the fact that New York State Commissioner of
Health Barbara A. DeBuono certified she had no objection to a "catch and release" designation, she conditioned
her opinion upon the requirement that an eat none advisory remain in effect, as discussed below at 4.2.5
(DeBuono, 1995). Commercial fishing is still prohibited in this reach.
8 An exception exists for anadromous river herring, which may be taken between Lock 1 and the Troy Dam (see http://www.dec.ny.gov/
outdoor/31427.html, accessed 31 July 2014). Herring are considered to be a baitfish (http://www.dec.ny.gov/outdoor/47282.html, accessed 25
September 2014), and their take was subject to further restrictions in 2012 (http://www.dec.ny.gov/docs/fish_marine_pdf/rhregchangesum.pdf,
accessed 25 September 2014).
9 Also see “Upper Hudson River Catch-and-Release Fishing” (http://www.dec.ny.gov/outdoor/9233.html, retrieved 18 June 2014).
EXHIBIT 4: HUDSON RIVER FISHERY CLOSURES FOR 2014-2015
10
HU
DS
ON
RIV
ER
INJU
RIE
S T
O H
UD
SO
N R
IVE
R F
ISH
ER
Y R
ES
OU
RC
ES:
FIS
HE
RY
CL
OS
UR
ES A
ND
C
ON
SU
MP
TIO
N R
ES
TR
ICT
ION
S
INJURIES TO HUDSON RIVER FISHERY RESOURCES:
FISHERY CLOSURES AND CONSUMPTION RESTRICTIONS
4.1.4 Commercial Fishing Below the Troy Dam
Beginning on February 25, 1976, all commercial fishing, with exceptions for baitfish, Atlantic sturgeon
greater than four feet,10 American shad, and goldfish used for ornamental purposes, was banned in the
Hudson River between the Troy Dam and the Battery in New York City (6 NYCRR §12.19). The
commercial fishing ban, with periodic adjustments, has remained in effect to the present. For example, in
1982 NYSDEC re-opened this reach for certain species, but continued the ban on commercial fishing for striped
bass, American eel, common carp, goldfish, white catfish and white perch (6 NYCRR §§11.2 and 11.4). In
1985, the commercial fishing closure below Troy was again expanded to include black crappie, brown
bullhead and pumpkinseed (ibid.). These closures have remained unchanged since 1985 (6 NYCRR §11.2).
4.1.5 Recreational Fishing Below the Troy Dam
The state banned recreational striped bass fishing from May 6, 1986 until April 27, 1987, based in large part on
the elevated PCB concentrations found in Hudson River striped bass (6 NYCRR §11.3). NYSDEC has also
banned the taking of American eel from 1976 until the present (with certain exceptions for use as bait; 6
NYCRR §12.19, renumbered §11.3 and then §11.2). NYSDEC and NYSDOH have also issued fish consumption
advisories warning the public to either avoid or limit consumption of Hudson River fish taken from this
reach because of the excessive PCB concentrations found in them. These advisories are discussed below.
4.2 FISH CONSUMPTION ADVISORIES
In addition to the regulatory closures of
the fishery described above, New York
State health officials have also acted to
protect the public by issuing fish
consumption advisories (Exhibit 5).
These warnings have been continuously
in effect on the Hudson River, from
Hudson Falls11 to the Battery in New
York City, with the earliest advisory
beginning in 1975 (see Exhibits 6
through 8). Initially issued through
N Y S DEC and N Y S D O H press
releases, the state has also published
these health advisories in NYSDEC’s
Fishing Regulations Guide since 1978, as
a two-three page NYSDOH health
advisory document from 1983 to 1989, and in an annual NYSDOH Health Advisory publication titled
Chemicals in Sportfish and Game from 1990 to 2010. In 2011, NYSDOH began issuing advisories as Health Advice
on Eating Sportfish and Game. The following section provides an overview of New York’s advisory program and
then describes the nature and extent of the advisories for Hudson River fish.
10 The Atlantic States Marine Fisheries Commission (ASMFC) is a deliberative body of the Atlantic coastal states, coordinating the
conservation and management of 25 nearshore fish species including Atlantic sturgeon. In 1998, the ASMFC issued a coast-wide
moratorium on fishing for this species (http://www.asmfc.org/species/atlantic-sturgeon, retrieved 20 June 2014). In 2012, the Gulf of
Maine, New York Bight, and Chesapeake Bay Distinct population segments of Atlantic sturgeon in the northeast region were listed as
federally endangered (http://www.nmfs.noaa.gov/pr/species/fish/atlanticsturgeon.htm, retrieved 20 June 2014).
11 In 2002-2003, the northern boundary of the advisory area was expanded from Hudson Falls to the dam at the Rt. 9 bridge in South
Glens Falls (NYSDOH 2002).
EXHIBIT 5: HUDSON RIVER PCB-BASED RECREATIONAL FISH
CONSUMPTION ADVISORIES SOUTH OF HUDSON FALLS,
1976-PRESENT
IN
JUR
IES T
O H
UD
SO
N R
IVE
R F
ISH
ER
Y R
ES
OU
RC
ES:
FIS
HE
RY
CL
OS
UR
ES A
ND
CO
NS
UM
PT
ION
RE
ST
RIC
TIO
NS
11
HU
DS
ON
RIV
ER
INJURIES TO HUDSON RIVER FISHERY RESOURCES:
FISHERY CLOSURES AND CONSUMPTION RESTRICTIONS
EX
HIB
IT 6
: H
UD
SO
N R
IVE
R P
CB
-BA
SE
D F
ISH
CO
NS
UM
PT
ION
AD
VIS
OR
IES
: WO
ME
N U
ND
ER
50
AN
D C
HIL
DR
EN
UN
DE
R 1
5
NO
TES
So
urc
es:
NY
SD
OH
He
alth
Ad
vis
orie
s (1
983
-201
4);
Ne
w Y
ork
Co
de
s R
ule
s &
Re
gs.
Title
6 (
1976
-19
82);
USD
OI e
t a
l. (
200
1);
Ne
w Y
ork
Sta
te P
ress
Re
lea
se a
nd
Co
mm
un
ica
tio
ns
(1975
-19
85).
* First
ad
vis
ory
in
1984
fro
m 6
/24/8
4 u
ntil 11/2
0/8
4.
Se
co
nd
ad
vis
ory
fro
m 1
1/2
0/8
4 u
ntil 5/2
4/8
5 (
NY
SD
OH
1984a
, 1
984b
).
Ad
vis
ory
No
tes
1. In
itia
lly, g
rou
ps
sub
jec
t to
th
ese
mo
re r
est
ric
tive
ad
vis
orie
s in
clu
de
d in
fan
ts a
nd
pre
gn
an
t w
om
en
(197
6-1
982
).
This
gro
up
wa
s la
ter
exp
an
de
d t
o in
clu
de
a
ll w
om
en
of
ch
ildb
ea
rin
g a
ge
,
infa
nts
, a
nd
ch
ildre
n u
nd
er
ag
e 1
5 (
1982
-20
09
); m
ost
re
ce
ntly t
he
se g
rou
ps
ha
ve
be
en
de
fin
ed
as
wo
me
n u
nd
er
50 a
nd
ch
ildre
n u
nd
er
15 (
Axe
lro
d 1
98
2; N
YSD
OH
1983
-20
14).
2. Th
e "
do
n’t
ea
t" a
dv
iso
ry in
1975
ap
plie
s to
str
ipe
d b
ass
; fo
r a
ll o
the
r sp
ec
ies,
th
e D
OH
co
mm
issi
on
er
rec
om
me
nd
ed
no
mo
re t
ha
n o
ne
se
rvin
g p
er
we
ek (
NY
SD
EC
1975b
).
3. F
rom
19
94-2
00
9, N
YSD
OH
ad
vis
ed
th
at
a f
ew
me
als
of
Am
eric
an
sh
ad
me
at
an
d r
oe
is
no
t a
n u
na
cc
ep
tab
le r
isk a
s lo
ng
as
it is
the
pe
rso
n's
on
ly s
ign
ific
an
t e
xp
osi
re t
o P
CB
s. F
rom
2007
-20
09,
this
ad
vic
e a
lso
ap
plie
d t
o b
lue
cra
b m
ea
t (N
YSD
OH
19
94
-201
0).
R
ea
ch
Bo
un
da
ry N
ote
s
Ad
vis
orie
s a
pp
ly t
o t
rib
uta
rie
s a
nd
co
nn
ec
ted
wa
ters
if
the
re a
re n
o d
am
s, f
alls
, o
r b
arr
iers
to
sto
p f
ish
fro
m m
ov
ing
up
stre
am
.
A.
In
19
96-1
99
7 t
he
ad
vis
ory
are
a n
arr
ow
ed
to
Nia
ga
ra M
oh
aw
k B
oa
t La
un
ch
to
Sh
erm
an
Isl
an
d D
am
(N
YSD
OH
1996
, 19
97
). Fro
m 2
001
-20
12,
the
are
a w
as
exte
nd
ed
no
rth
to
th
e C
orin
th D
am
(NY
SD
OH
200
1-2
014
).
B.
Ad
vis
ory
fro
m P
alm
er
Fa
lls D
am
at
Co
rin
th t
o D
am
at
Ro
ute
9 B
rid
ge
in S
ou
th G
len
s Fa
lls in
201
3 a
nd
201
4 (
NY
SD
OH
2013,
201
4).
C. N
ort
he
rn b
ou
nd
ary
of
ad
vis
ory
are
a e
xp
an
de
d t
o D
am
at
Rt.
9 b
rid
ge
in
So
uth
Gle
ns
Fa
lls in
200
2-2
01
4 (
NY
SD
OH
2002
-20
14).
D. So
uth
ern
bo
un
da
ry o
f a
dv
iso
ry a
rea
: 197
6-1
995
, to
lo
we
r N
ew
Yo
rk H
arb
or;
1995
-20
06,
to a
nd
in
clu
din
g t
he
Up
pe
r B
ay o
f N
ew
Yo
rk H
arb
or
(no
rth
of
Ve
rra
zan
o-N
arr
ow
s B
rid
ge
); 2
006
, to
th
e
Ba
tte
ry in
Ne
w Y
ork
City; 2
007
-20
14 t
o t
he
Up
pe
r B
ay o
f N
ew
Yo
rk H
arb
or
(ad
vis
orie
s sp
lit b
etw
ee
n n
ort
h a
nd
so
uth
of
the
Ta
pp
an
Ze
e B
rid
ge
bu
t c
om
bin
ed
an
d d
en
ote
d in
th
is t
ab
le)
(NY
SD
OH
1983
-20
14
).
KEY
● D
on
't e
at
75-76
76-77
77-78
78-79
79-80
80-81
81-82
82-83
83-84
85-86
86-87
87-88
88-89
89-90
90-91
91-92
92-93
93-94
94-95
95-96
96-97
97-98
98-99
99-00
00-01
01-02
02-03
03-04
04-05
05-06
06-07
07-08
08-09
09-10
10-11
11-12
12-13
13-14
14-15
ALL
FIS
H S
PEC
IES (
Sp
ier
Fa
lls d
am
to
Sh
erm
an
Isl
an
d D
am
A)
●●
●●
●●
●●
●●
●●
●●
●●
●●
ALL
FIS
H S
PEC
IES (
Sh
erm
an
Isl
an
d
Da
m d
ow
nst
rea
m t
o t
he
fe
ed
er
da
m a
t G
len
s Fa
llsB)
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●
ALL
FIS
H S
PEC
IES (
Hu
dso
n F
alls
to
Tro
y D
am
C)
●
2●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●3
●●
3●
3●
3●
3●
3●
3●
3●
3●
3●
3●
3●
3●
3●
●●
●●
●
ALL
FIS
H S
PEC
IES (
Tro
y D
am
to
Ca
tskill
) ●
2●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●3
●●
3●
3●
3●
3●
3●
3●
3●
3●
3●
3●
3●
3●
3●
●●
●●
●
ALL
FIS
H S
PEC
IES (
Ca
tskill
So
uth
D)
●
2●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●3
●●
3●
3●
3●
3●
3●
3●
3●
3●
3●
3●
3●
3●
3●
●●
●●
●
KEY
1975-2
015
84-85*
● N
o c
on
sum
ptio
n
12
HU
DS
ON
RIV
ER
INJU
RIE
S T
O H
UD
SO
N R
IVE
R F
ISH
ER
Y R
ES
OU
RC
ES:
FIS
HE
RY
CL
OS
UR
ES A
ND
C
ON
SU
MP
TIO
N R
ES
TR
ICT
ION
S
INJURIES TO HUDSON RIVER FISHERY RESOURCES:
FISHERY CLOSURES AND CONSUMPTION RESTRICTIONS
EX
HIB
IT 7
: H
UD
SO
N R
IVE
R P
CB
-BA
SE
D F
ISH
CO
NS
UM
PT
ION
AD
VIS
OR
IES
: WO
ME
N O
VE
R 5
0 A
ND
ME
N O
VE
R 1
5
75-76
76-77
77-78
78-79
79-80
80-81
81-82
82-83
83-84
85-86
86-87
87-88
88-89
89-90
90-91
91-92
92-93
93-94
94-95
95-96
96-97
97-98
98-99
99-00
00-01
01-02
02-03
03-04
04-05
05-06
06-07
07-08
08-09
09-10
10-11
11-12
12-13
13-14
14-15
SPIE
R F
ALL
S D
AM
TO
SH
ER
MA
N ISLA
ND
DA
MA
All
fish
sp
ec
ies
●●
●◒
SH
ER
MA
N ISLA
ND
DA
M D
OW
NSTR
EA
M
TO T
HE F
EED
ER
DA
M A
T G
LEN
S F
ALL
SB
Ca
rp◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
HU
DSO
N F
ALL
S T
O T
RO
Y D
AM
C
All
fish
sp
ec
ies
●1
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
TRO
Y D
AM
TO
CA
TSK
ILL
All
fish
sp
ec
ies
exc
ep
t a
s n
ote
d b
elo
w:
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●
Ale
wife
●
●●
●●
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
Am
eric
an
ee
l ●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
Am
eric
an
sh
ad
3◉
◉◉
◉◉
◉◉
◉◉
◉◉
A
tla
ntic
ne
ed
lefish
◒◒
◒◒
◒◒
◒◒
◒●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
Bla
ck c
rap
pie
◒◒
◒◒
◒◒
◒◒
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●
Blu
e c
rab
◉◉
◉◉
◉◉
◉◉
◉◉
◉●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
Blu
eb
ac
k h
err
ing
●●
●●
●◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒
Blu
efish
◒◒
◒◒
◒◒
◒●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
Bro
wn
bu
llhe
ad
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●
Ca
rp●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●
Go
ldfish
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
Larg
em
ou
th b
ass
●●
●●
●●
●●
◒◒
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●
No
rth
ern
pik
e◒
◒◒
◒◒
◒◒
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●
Pu
mp
kin
see
d●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
Ra
inb
ow
sm
elt
◒◒
◒◒
◒◒
◒◒
◒◒
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●
R
oc
k b
ass
●●
●●
●◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒
Sm
allm
ou
th b
ass
◒◒
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●
Str
ipe
d b
ass
●1
●9
●9
●9
●9
●9
●9
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
Tig
er
mu
ske
llun
ge
◒◒
◒◒
◒◒
◒●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
Wa
lleye
●●
●●
●◒
◒●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
Wh
ite
ca
tfis
h●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
Wh
ite
pe
rch
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●
Ye
llow
pe
rch
●●
●●
●◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒
KEY
◉
Ea
t u
p t
o f
ou
r m
ea
ls p
er
mo
nth
; d
isc
ard
co
okin
g liq
uid
s a
nd
do
no
t e
at
he
pa
top
an
cre
as
197
5-2
01
5
84-85*
Re
gu
lato
ry c
losu
re2
Re
gu
lato
ry c
losu
re2
●
Do
n't e
at
◒
Ea
t u
p t
o o
ne
me
al p
er
mo
nth
IN
JUR
IES T
O H
UD
SO
N R
IVE
R F
ISH
ER
Y R
ES
OU
RC
ES:
FIS
HE
RY
CL
OS
UR
ES A
ND
CO
NS
UM
PT
ION
RE
ST
RIC
TIO
NS
13
HU
DS
ON
RIV
ER
INJURIES TO HUDSON RIVER FISHERY RESOURCES:
FISHERY CLOSURES AND CONSUMPTION RESTRICTIONS
EX
HIB
IT 7
: H
UD
SO
N R
IVE
R P
CB
-BA
SE
D F
ISH
CO
NS
UM
PT
ION
AD
VIS
OR
IES
: WO
ME
N O
VE
R 5
0 A
ND
ME
N O
VE
R 1
5 (
CO
NT
INU
ED
)
75-76
76-77
77-78
78-79
79-80
80-81
81-82
82-83
83-84
85-86
86-87
87-88
88-89
89-90
90-91
91-92
92-93
93-94
94-95
95-96
96-97
97-98
98-99
99-00
00-01
01-02
02-03
03-04
04-05
05-06
06-07
07-08
08-09
09-10
10-11
11-12
12-13
13-14
14-15
CA
TSK
ILL
SO
UTH
D 4
Am
eric
an
ee
l●
●●
●●
●●
●●
●●
●●
●●
●●
●●
◒◒
◒◒
◒◒
5◒
5◒
5◒
5◒
5◒
5◒
5◒
5◒
5
Atla
ntic
ne
ed
lefish
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒
Bla
ck c
rap
pie
◒◒
◒◒
◒◒
◒◒
Blu
e c
rab
◉◉
◉6
◉6
◉6
◉◉
◉◉
◉◉
◉◉
◉◉
◉◉
◉◉
◉◉
◉◉
◉◉
◉◉
◉◉
◉◉
◉◉
◉7
◉7
Blu
efish
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
Bro
wn
bu
llhe
ad
●●
●●
●●
●◒
◒◒
◒◒
◒◒
◒◒
8◒
8◒
8◒
8◒
8
Ca
rp●
●●
●●
●●
●●
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒
Ch
an
ne
l c
atf
ish
◒◒
◒◒
◒●
●●
●●
●●
●●
Giz
zard
sh
ad
◒●
●●
●●
●●
●●
●●
●●
Go
ldfish
●●
●●
●●
●●
●◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
Larg
em
ou
th b
ass
●●
●●
●●
●◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
8◒
8◒
8◒
8◒
8
No
rth
ern
pik
e◒
◒◒
◒◒
◒◒
◒
Pu
mp
kin
see
d●
●●
●●
●●
Ra
inb
ow
sm
elt
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒
Sm
allm
ou
th b
ass
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒8
◒8
◒8
◒8
◒8
Str
ipe
d b
ass
●1
●9
●9
●9
●9
●9
●9
◒9
◒◒
◒●
●●
●●
●●
●10
●10
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒
Tig
er
mu
ske
llun
ge
◒◒
◒◒
◒◒
◒◒
Wa
lleye
●●
●●
●◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
8◒
8◒
8◒
8◒
8
Wh
ite
ca
tfis
h●
●●
●●
●●
●●
●◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒●
●●
●●
●●
●●
Wh
ite
pe
rch
●●
●●
●●
●●
●●
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒
KEY
◉ E
at
up
to
fo
ur
me
als
pe
r m
on
th; d
isc
ard
co
okin
g liq
uid
s a
nd
do
no
t e
at
he
pa
top
an
cre
as
● D
on
't e
at
◒ E
at
up
to
on
e m
ea
l p
er
mo
nth
Re
gu
lato
ry c
losu
re2
1975-2
015
84-85*
14
HU
DS
ON
RIV
ER
INJU
RIE
S T
O H
UD
SO
N R
IVE
R F
ISH
ER
Y R
ES
OU
RC
ES:
FIS
HE
RY
CL
OS
UR
ES A
ND
C
ON
SU
MP
TIO
N R
ES
TR
ICT
ION
S
INJURIES TO HUDSON RIVER FISHERY RESOURCES:
FISHERY CLOSURES AND CONSUMPTION RESTRICTIONS
EX
HIB
IT 7
: H
UD
SO
N R
IVE
R P
CB
-BA
SE
D F
ISH
CO
NS
UM
PT
ION
AD
VIS
OR
IES
: WO
ME
N O
VE
R 5
0 A
ND
ME
N O
VE
R 1
5 (
CO
NT
INU
ED
)
NO
TES
So
urc
es:
NY
SDO
H H
ea
lth
Ad
vis
orie
s (1
98
3-2
01
4);
Ne
w Y
ork
Co
mp
. C
od
es
R. &
Re
gs.
Title
6 (
197
6-1
98
2);
USD
OI e
t a
l. (
200
1);
Ne
w Y
ork
Sta
te P
ress
Re
lea
se a
nd
Co
mm
un
ica
tio
ns
(197
5-1
98
5).
* Fi
rst
ad
vis
ory
in 1
98
4 f
rom
6/2
4/8
4 u
ntil 1
1/2
0/8
4. S
ec
on
d a
dvis
ory
fro
m 1
1/2
0/8
4 u
ntil 5
/24/8
5 (
NY
SDO
H 1
98
4a
, 1
98
4b
).
Ad
vis
ory
No
tes
1. Th
e "
do
n’t
ea
t" a
dvis
ory
in 1
97
5 a
pp
lies
to s
trip
ed
ba
ss; fo
r a
ll o
the
r sp
ec
ies,
th
e D
OH
co
mm
issi
on
er
rec
om
me
nd
ed
no
mo
re t
ha
n o
ne
se
rvin
g p
er w
ee
k
(NY
SDEC
197
5b
).
2. H
arv
est
ing
/po
sse
ssio
n o
f A
me
ric
an
ee
l fo
r fo
od
, a
nd
th
e f
ish
ing
fo
r/p
oss
ess
ion
of
Am
eric
an
sh
ad
are
pro
hib
ite
d b
y N
YSD
EC
fo
r th
e e
ntire
Hu
dso
n R
ive
r.
Am
eric
an
sh
ad
are
on
ly li
ste
d in
th
e "
Tro
y D
am
to
Ca
tskill
" re
gio
n o
f th
is c
ha
rt b
ec
au
se t
he
y a
re e
xp
licitly
exc
lud
ed
fro
m t
he
bla
nke
t a
dvis
ory
fo
r th
is r
eg
ion
.
The
re
gu
lato
ry c
losu
re a
pp
lies
to t
he
en
tire
Hu
dso
n R
ive
r (N
YSD
OH
200
8-2
01
4).
3. T
he
ea
t n
o m
ore
th
an
4 m
ea
ls/m
on
th b
lan
ke
t a
dvis
ory
do
es
no
t a
pp
ly t
o A
me
ric
an
sh
ad
in 1
97
6-1
97
7 (
Wh
ale
n 1
97
6).
4. In
199
4, EA
T N
O M
OR
E T
HA
N O
NE M
EA
L P
ER
MO
NTH
fo
r a
ll sp
ec
ies
exc
ep
t A
me
ric
an
sh
ad
, A
tla
ntic
stu
rge
on
, b
lue
ba
ck h
err
ing
, b
lue
gill
, p
um
pkin
see
d,
an
d y
ello
w p
erc
h s
ou
th o
f C
ats
kill
(N
YSD
OH
199
4).
5.
Ad
vis
ory
fo
r A
me
ric
an
ee
l ta
ke
n b
etw
ee
n D
ob
bs
Ferr
y a
nd
Gre
yst
on
e: EA
T N
ON
E (
NY
SDO
H 1
99
9-2
00
7).
6.
Blu
e c
rab
ad
vis
ory
ap
plie
s o
nly
so
uth
of
Po
ug
hke
ep
sie
(N
YSD
OH
19
83
,198
4a
,198
4b
).
7.
Ad
vis
ory
on
co
okin
g li
qu
ids
an
d h
ep
ato
pa
nc
rea
s in
clu
de
s lo
bst
ers
as
we
ll a
s b
lue
cra
b (
NY
SD
OH
201
3, 2
01
4).
8.
So
uth
of
the
Ta
pp
an
Ze
e B
ridg
e, u
p t
o f
ou
r m
ea
ls p
er
mo
nth
(N
YSD
OH
201
0-2
01
4).
9. T
he
197
5 a
dvis
ory
(N
YSD
EC
19
75
b)
sta
tes
the
EA
T N
ON
E a
dvis
ory
is in
eff
ec
t u
ntil fu
rth
er
no
tic
e. T
he
ne
xt
pu
blic
me
ntio
n o
f st
rip
ed
ba
ss in
an
ad
vis
ory
is
in
198
2 (
NY
SDO
H 1
98
2).
10.
Ad
vis
ory
fo
r st
rip
ed
ba
ss: Tr
oy D
am
so
uth
to
Ta
pp
an
Ze
e B
rid
ge
, EA
T N
ON
E; So
uth
of
Tap
pa
n Z
ee
Brid
ge
, EA
T N
O M
OR
E T
HA
N O
NE M
EA
L P
ER
MO
NTH
(NY
SDO
H 1
99
2, 1
99
3).
Re
ac
h B
ou
nd
ary
No
tes
Ad
vis
orie
s a
pp
ly t
o t
rib
uta
rie
s a
nd
co
nn
ec
ted
wa
ters
if t
he
re a
re n
o d
am
s, f
alls
, o
r b
arr
iers
to
sto
p f
ish
fro
m m
ovin
g u
pst
rea
m.
A. In
199
6-1
99
7 t
he
ad
vis
ory
are
a n
arr
ow
ed
to
Nia
ga
ra M
oh
aw
k B
oa
t La
un
ch
to
Sh
erm
an
Isl
an
d D
am
(N
YSD
OH
199
6, 1
99
7).
Fr
om
200
1-2
01
2, th
e a
rea
wa
s
exte
nd
ed
no
rth
to
th
e C
orin
th D
am
(N
YSD
OH
200
1-2
01
4).
B.
Ad
vis
ory
fro
m P
alm
er
Falls
Da
m a
t C
orin
th t
o D
am
at
Ro
ute
9 B
rid
ge
in S
ou
th G
len
s Fa
lls in
20
13
an
d 2
01
4 (
NY
SD
OH
201
3, 2
01
4).
C. N
ort
he
rn b
ou
nd
ary
of
ad
vis
ory
are
a e
xp
an
de
d t
o D
am
at
Rt.
9 b
rid
ge
in S
ou
th G
len
s Fa
lls in
200
2-2
01
4 (
NY
SD
OH
200
2-2
014
).
D.
So
uth
ern
bo
un
da
ry o
f a
dvis
ory
are
a: 1
97
6-1
99
5, to
low
er
Ne
w Y
ork
Ha
rbo
r; 1
99
5-2
00
6, to
an
d in
clu
din
g t
he
Up
pe
r B
ay o
f N
ew
Yo
rk H
arb
or
(no
rth
of
Ve
rra
zan
o-N
arr
ow
s B
rid
ge
); 2
00
6, to
th
e B
att
ery
in N
ew
Yo
rk C
ity; 2
00
7-2
01
4 t
o t
he
Up
pe
r B
ay o
f N
ew
Yo
rk H
arb
or
(ad
vis
orie
s sp
lit b
etw
ee
n n
ort
h a
nd
so
uth
of
the
Ta
pp
an
Ze
e B
rid
ge
bu
t c
om
bin
ed
an
d d
en
ote
d in
th
is t
ab
le)
(NY
SD
OH
198
3-2
01
4).
IN
JUR
IES T
O H
UD
SO
N R
IVE
R F
ISH
ER
Y R
ES
OU
RC
ES:
FIS
HE
RY
CL
OS
UR
ES A
ND
CO
NS
UM
PT
ION
RE
ST
RIC
TIO
NS
15
HU
DS
ON
RIV
ER
INJURIES TO HUDSON RIVER FISHERY RESOURCES:
FISHERY CLOSURES AND CONSUMPTION RESTRICTIONS
EX
HIB
IT 8
: H
UD
SO
N R
IVE
R P
CB
-BA
SE
D F
ISH
CO
NS
UM
PT
ION
AD
VIS
OR
IES
: BY
GE
OG
RA
PH
IC A
RE
A
75-76
76-77
77-78
78-79
79-80
80-81
81-82
82-83
83-84
85-86
86-87
87-88
88-89
89-90
90-91
91-92
92-93
93-94
94-95
95-96
96-97
97-98
98-99
99-00
00-01
01-02
02-03
03-04
04-05
05-06
06-07
07-08
08-09
09-10
10-11
11-12
12-13
13-14
14-15
SPIE
R F
ALL
S D
AM
TO
SH
ER
MA
N
ISLA
ND
DA
M A
Wo
me
n u
nd
er
50 a
nd
ch
ild
ren
un
de
r
15
1: A
ll fish
sp
ec
ies
●●
●●
●●
●●
●●
●●
●●
●●
●●
Me
n o
ve
r 15 a
nd
wo
me
n o
ve
r 50
: A
ll
fish
sp
ec
ies
●●
●◒
SH
ER
MA
N ISLA
ND
DA
M
DO
WN
STR
EA
M T
O T
HE F
EED
ER
DA
M
AT
GLE
NS F
ALL
S B
Wo
me
n u
nd
er
50 a
nd
ch
ild
ren
un
de
r
15
1: A
ll fish
sp
ec
ies
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●
Wo
me
n o
ve
r 50 a
nd
me
n o
ve
r 15:
Ca
rp◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
HU
DSO
N F
ALL
S T
O T
RO
Y D
AM
C
All p
eo
ple
: A
ll fish
sp
ec
ies
●2
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
TRO
Y D
AM
TO
CA
TSK
ILL
Wo
me
n u
nd
er
50 a
nd
ch
ild
ren
un
de
r
15
1: A
ll fish
sp
ec
ies
●2
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
12
●●
12
●12
●12
●12
●12
●12
●12
●12
●12
●12
●12
●12
●12
●●
●●
●●
Wo
me
n o
ve
r 50 a
nd
me
n o
ve
r 15:
All
fish
sp
ec
ies
exc
ep
t a
s n
ote
d b
elo
w:
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●
Ale
wife
●
●●
●●
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
Am
eric
an
ee
l ●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
Am
eric
an
sh
ad
4◉
◉◉
◉◉
◉◉
◉◉
◉◉
A
tla
ntic
ne
ed
lefish
◒◒
◒◒
◒◒
◒◒
◒●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
Bla
ck c
rap
pie
◒◒
◒◒
◒◒
◒◒
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●
Blu
e c
rab
◉◉
◉◉
◉◉
◉◉
◉◉
◉●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
Blu
eb
ac
k h
err
ing
●●
●●
●◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒
Blu
efish
◒◒
◒◒
◒◒
◒●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
Bro
wn
bu
llhe
ad
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●
Ca
rp●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●
Go
ldfish
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
Larg
em
ou
th b
ass
●●
●●
●●
●●
◒◒
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●
No
rth
ern
pik
e◒
◒◒
◒◒
◒◒
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●
Pu
mp
kin
see
d●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
Ra
inb
ow
sm
elt
◒◒
◒◒
◒◒
◒◒
◒◒
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●
R
oc
k b
ass
●●
●●
●◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒
Sm
allm
ou
th b
ass
◒◒
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●
Str
ipe
d b
ass
●●
10
●10
●10
●10
●10
●10
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
Tig
er
mu
ske
llun
ge
◒◒
◒◒
◒◒
◒●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
Wa
lleye
●●
●●
●◒
◒●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
Wh
ite
ca
tfis
h●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
Wh
ite
pe
rch
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●
Ye
llow
pe
rch
●●
●●
●◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒
KEY
◉
Ea
t u
p t
o f
ou
r m
ea
ls p
er
mo
nth
; d
isc
ard
co
okin
g liq
uid
s a
nd
do
no
t e
at
he
pa
top
an
cre
as
Re
gu
lato
ry c
losu
re3
Re
gu
lato
ry c
losu
re3
197
5-2
01
5
84-85*
●
Do
n't e
at
◒
Ea
t u
p t
o o
ne
me
al p
er
mo
nth
16
HU
DS
ON
RIV
ER
INJU
RIE
S T
O H
UD
SO
N R
IVE
R F
ISH
ER
Y R
ES
OU
RC
ES:
FIS
HE
RY
CL
OS
UR
ES A
ND
C
ON
SU
MP
TIO
N R
ES
TR
ICT
ION
S
INJURIES TO HUDSON RIVER FISHERY RESOURCES:
FISHERY CLOSURES AND CONSUMPTION RESTRICTIONS
EX
HIB
IT 8
: H
UD
SO
N R
IVE
R P
CB
-BA
SE
D F
ISH
CO
NS
UM
PT
ION
AD
VIS
OR
IES
: BY
GE
OG
RA
PH
IC A
RE
A (
CO
NT
INU
ED
)
75-76
76-77
77-78
78-79
79-80
80-81
81-82
82-83
83-84
85-86
86-87
87-88
88-89
89-90
90-91
91-92
92-93
93-94
94-95
95-96
96-97
97-98
98-99
99-00
00-01
01-02
02-03
03-04
04-05
05-06
06-07
07-08
08-09
09-10
10-11
11-12
12-13
13-14
14-15
CA
TSK
ILL
SO
UTH
D
Wo
me
n u
nd
er
50 a
nd
ch
ild
ren
un
de
r
15
1: A
ll fish
sp
ec
ies
●●
●●
●●
●●
●●
●●
●●
●●
●●
●●
●12
●●
12
●12
●12
●12
●12
●12
●12
●12
●12
●12
●12
●12
●12
●●
●●
●●
Wo
me
n o
ve
r o
ve
r 50
5 a
nd
me
n o
ve
r
15:
Am
eric
an
ee
l●
●●
●●
●●
●●
●●
●●
●●
●●
●●
◒◒
◒◒
◒◒
6◒
6◒
6◒
6◒
6◒
6◒
6◒
6◒
6
Atla
ntic
ne
ed
lefish
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒
Bla
ck c
rap
pie
◒◒
◒◒
◒◒
◒◒
Blu
e c
rab
◉◉
◉7
◉7
◉7
◉◉
◉◉
◉◉
◉◉
◉◉
◉◉
◉◉
◉◉
◉◉
◉◉
◉◉
◉◉
◉◉
◉◉
◉8
◉8
Blu
efish
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
Bro
wn
bu
llhe
ad
●●
●●
●●
●◒
◒◒
◒◒
◒◒
◒◒
9◒
9◒
9◒
9◒
9
Ca
rp●
●●
●●
●●
●●
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒
Ch
an
ne
l c
atf
ish
◒◒
◒◒
◒●
●●
●●
●●
●●
Giz
zard
sh
ad
◒●
●●
●●
●●
●●
●●
●●
Go
ldfish
●●
●●
●●
●●
●◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
Larg
em
ou
th b
ass
●●
●●
●●
●◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
9◒
9◒
9◒
9◒
9
No
rth
ern
pik
e◒
◒◒
◒◒
◒◒
◒
Pu
mp
kin
see
d●
●●
●●
●●
Ra
inb
ow
sm
elt
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒
Sm
allm
ou
th b
ass
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒9
◒9
◒9
◒9
◒9
Str
ipe
d b
ass
●●
10
●10
●10
●10
●10
●10
◒◒
◒◒
●●
●●
●●
●●
11
●11
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒
Tig
er
mu
ske
llun
ge
◒◒
◒◒
◒◒
◒◒
Wa
lleye
●●
●●
●◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
9◒
9◒
9◒
9◒
9
Wh
ite
ca
tfis
h●
●●
●●
●●
●●
●◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒●
●●
●●
●●
●●
Wh
ite
pe
rch
●●
●●
●●
●●
●●
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒◒
◒
KEY
◉ E
at
up
to
fo
ur
me
als
pe
r m
on
th; d
isc
ard
co
okin
g liq
uid
s a
nd
do
no
t e
at
he
pa
top
an
cre
as
Re
gu
lato
ry c
losu
re3
● D
on
't e
at
◒ E
at
up
to
on
e m
ea
l p
er
mo
nth
1975-2
015
84-85*
IN
JUR
IES T
O H
UD
SO
N R
IVE
R F
ISH
ER
Y R
ES
OU
RC
ES:
FIS
HE
RY
CL
OS
UR
ES A
ND
CO
NS
UM
PT
ION
RE
ST
RIC
TIO
NS
17
HU
DS
ON
RIV
ER
INJURIES TO HUDSON RIVER FISHERY RESOURCES:
FISHERY CLOSURES AND CONSUMPTION RESTRICTIONS
EX
HIB
IT 8
: H
UD
SO
N R
IVE
R P
CB
-BA
SE
D F
ISH
CO
NS
UM
PT
ION
AD
VIS
OR
IES
: BY
GE
OG
RA
PH
IC A
RE
A (
CO
NT
INU
ED
)
So
urc
es:
NY
SD
OH
He
alth
Ad
vis
orie
s (1
98
3-2
014
); N
ew
Yo
rk C
om
p. C
od
es
R. &
Re
gs.
Title
6 (
19
76
-19
82
); U
SD
OI e
t a
l. (2
00
1);
Ne
w
Yo
rk S
tate
Pre
ss R
ele
ase
an
d C
om
mu
nic
atio
ns
(19
75
-198
5).
* First
ad
vis
ory
in
198
4 f
rom
6/2
4/8
4 u
ntil 1
1/2
0/8
4. S
ec
on
d a
dvis
ory
fro
m 1
1/2
0/8
4 u
ntil 5
/24
/85
(N
YSD
OH
19
84
a, 1
98
4b
).
Ad
vis
ory
No
tes
1.
De
fin
ed
as
infa
nts
an
d p
reg
na
nt
wo
me
n (
19
76
-198
2);
a
s w
om
en
of
ch
ildb
ea
rin
g a
ge
, in
fan
ts, a
nd
ch
ildre
n u
nd
er
ag
e 1
5
(19
82
-20
09
); a
nd
wo
me
n u
nd
er
50 a
nd
ch
ildre
n u
nd
er
15
(A
xe
lro
d 1
98
2; N
YSD
OH
19
83
-20
14
).
2. Th
e "
do
n’t
ea
t" a
dvis
ory
in 1
97
5 a
pp
lies
to s
trip
ed
ba
ss; fo
r a
ll o
the
r sp
ec
ies,
th
e D
OH
co
mm
issi
on
er
rec
om
me
nd
ed
no
mo
re
tha
n o
ne
se
rvin
g p
er
we
ek (
NY
SD
EC
19
75
b).
mo
re t
ha
n o
ne
se
rvin
g p
er
we
ek (
NY
SD
EC
19
75
b).
3.
Ha
rve
stin
g/p
oss
ess
ion
of
Am
eric
an
ee
l fo
r fo
od
, a
nd
th
e f
ish
ing
fo
r/p
oss
ess
ion
of
Am
eric
an
sh
ad
are
pro
hib
ite
d b
y N
YSD
EC
fo
r
the
en
tire
Hu
dso
n R
ive
r.
Am
eric
an
sh
ad
are
on
ly li
ste
d in
th
e "
Tro
y D
am
to
Ca
tskill
" re
gio
n o
f th
is c
ha
rt b
ec
au
se t
he
y a
re e
xp
licitly
exc
lud
ed
fro
m t
he
bla
nke
t a
dvis
ory
fo
r th
is r
eg
ion
. T
he
re
gu
lato
ry c
losu
re a
pp
lies
to t
he
en
tire
Hu
dso
n R
ive
r (N
YSD
OH
20
08
-20
14
).
4. Th
e e
at
no
mo
re t
ha
n 4
me
als
/mo
nth
bla
nke
t a
dvis
ory
do
es
no
t a
pp
ly t
o A
me
ric
an
sh
ad
in 1
976
-19
77
(W
ha
len
19
76
).
5. In
19
94
, E
AT
NO
MO
RE T
HA
N O
NE M
EA
L P
ER
MO
NTH
fo
r a
ll sp
ec
ies
exc
ep
t A
me
ric
an
sh
ad
, A
tla
ntic
stu
rge
on
, b
lue
ba
ck h
err
ing
,
blu
eg
ill, p
um
pkin
see
d, a
nd
ye
llow
pe
rch
(N
YSD
OH
19
94).
6.
Ad
vis
ory
fo
r A
me
ric
an
ee
l ta
ke
n b
etw
ee
n D
ob
bs
Fe
rry a
nd
Gre
yst
on
e: E
AT
NO
NE (
NY
SD
OH
19
99
-20
07
).
7.
Blu
e c
rab
ad
vis
ory
ap
plie
s o
nly
so
uth
of
Po
ug
hke
ep
sie
(N
YSD
OH
19
83
,198
4a
,19
84
b).
8.
Ad
vis
ory
on
co
okin
g li
qu
ids
an
d h
ep
ato
pa
nc
rea
s in
clu
de
s lo
bst
ers
as
we
ll a
s b
lue
cra
b (
NY
SD
OH
20
13
, 20
14
).
9.
So
uth
of
the
Ta
pp
an
Ze
e B
rid
ge
, u
p t
o f
ou
r m
ea
ls p
er
mo
nth
(N
YSD
OH
20
10
-201
4).
10
. T
he
197
5 a
dvis
ory
(N
YSD
EC
19
75
b)
sta
tes
the
EA
T N
ON
E a
dvis
ory
is
in e
ffe
ct
un
til f
urt
he
r n
otic
e. T
he
197
5 a
dvis
ory
(N
YSD
EC
19
75
b)
sta
tes
the
EA
T N
ON
E a
dvis
ory
is
in e
ffe
ct
un
til f
urt
he
r n
otic
e.
The
ne
xt
pu
blic
me
ntio
n o
f st
rip
ed
ba
ss in
an
ad
vis
ory
is in
198
2 (
NY
SD
OH
19
82
).
11
.
Ad
vis
ory
fo
r st
rip
ed
ba
ss:
Tro
y D
am
so
uth
to
Ta
pp
an
Ze
e B
rid
ge
, E
AT
NO
NE; So
uth
of
Tap
pa
n Z
ee
Brid
ge
, EA
T N
O M
OR
E T
HA
N
ON
E M
EA
L P
ER
MO
NTH
(N
YSD
OH
19
92
, 1
993
).
12
. F
rom
19
94
-200
9, N
YSD
OH
ad
vis
ed
th
at
a f
ew
me
als
of
Am
eric
an
sh
ad
me
at
an
d r
oe
is
no
t a
n u
na
cc
ep
tab
le r
isk a
s lo
ng
as
it is
the
pe
rso
n's
on
ly s
ign
ific
an
t e
xp
osu
re t
o P
CB
s. F
rom
20
07
-200
9, th
is a
dvic
e a
lso
ap
plie
d t
o b
lue
cra
b m
ea
t (N
YSD
OH
19
94
-20
10
).
Re
ac
h B
ou
nd
ary
No
tes
Ad
vis
orie
s a
pp
ly t
o t
rib
uta
rie
s a
nd
co
nn
ec
ted
wa
ters
if t
he
re a
re n
o d
am
s, f
alls
, o
r b
arr
iers
to
sto
p f
ish
fro
m m
ovin
g u
pst
rea
m.
A.
In
19
96
-19
97
th
e a
dvis
ory
are
a n
arr
ow
ed
to
Nia
ga
ra M
oh
aw
k B
oa
t La
un
ch
to
Sh
erm
an
Isl
an
d D
am
(N
YSD
OH
19
96
, 1
997
).
B.
Ad
vis
ory
fro
m P
alm
er
Fa
lls D
am
at
Co
rin
th t
o D
am
at
Ro
ute
9 B
rid
ge
in S
ou
th G
len
s Fa
lls in
201
3 a
nd
20
14
(N
YSD
OH
20
13
, 2
014
).
C.
No
rth
ern
bo
un
da
ry o
f a
dvis
ory
are
a e
xp
an
de
d t
o D
am
at
Rt.
9 b
rid
ge
in S
ou
th G
len
s Fa
lls in
20
02
-20
14
(N
YSD
OH
20
02
-20
14
).
D.
So
uth
ern
bo
un
da
ry o
f a
dvis
ory
are
a: 1
976
-19
95
, to
low
er
Ne
w Y
ork
Ha
rbo
r; 1
99
5-2
006
, to
an
d in
clu
din
g t
he
Up
pe
r B
ay o
f N
ew
Yo
rk H
arb
or
(no
rth
of
Ve
rra
zan
o-N
arr
ow
s B
rid
ge
); 2
00
6, to
th
e B
att
ery
in
Ne
w Y
ork
City; 2
00
7-2
01
4 t
o t
he
Up
pe
r B
ay o
f N
ew
Yo
rk
Ha
rbo
r (a
dvis
orie
s sp
lit b
etw
ee
n n
ort
h a
nd
so
uth
of
the
Ta
pp
an
Ze
e B
rid
ge
bu
t c
om
bin
ed
an
d d
en
ote
d in
th
is t
ab
le)
(NY
SD
OH
19
83
-20
14
).
18
HU
DS
ON
RIV
ER
INJU
RIE
S T
O H
UD
SO
N R
IVE
R F
ISH
ER
Y R
ES
OU
RC
ES:
FIS
HE
RY
CL
OS
UR
ES A
ND
C
ON
SU
MP
TIO
N R
ES
TR
ICT
ION
S
INJURIES TO HUDSON RIVER FISHERY RESOURCES:
FISHERY CLOSURES AND CONSUMPTION RESTRICTIONS
4.2.1 Overview of New York’s Advisory Program
Since the 1970s, the New York State Department of Health has issued health advisories recommending that
people restrict their consumption of contaminated sportfish. The origin of health consumption advisories in
New York State was the emerging evidence, in the early 1970s, of the presence of contaminants in
sportfish from some New York waters, including Lake Ontario, Lake Champlain and Onondaga Lake. As a
result, to be protective of human health across the state, NYSDOH, NYSDEC and NYSDAM established a
general, statewide advisory to eat no more than one meal of fish per week from any waters of the state (State
of New York, 1971). This step marked the beginning of the Department of Health’s fish consumption
advisories. The general advisory was not based on a specific, known contaminant, but rather was intended to
protect the public against unlimited consumption of fish from waters “ that are as yet untested or which
may contain unidentified contaminants” (e.g., NYSDOH, 1989). This general statewide freshwater advisory
remains in place today12 (NYSDOH, 2014).
In addition to the general advisory, NYSDOH applies more restrictive advisories to water bodies that have been
determined to be contaminated with specific contaminants. These advisories may be to eat up to one meal a
month or don’t eat a specific species of sportfish from a specific water body. NYSDOH further advises women
under 50 and children under the age of 15 to avoid eating any fish from many of the water bodies subject to one
of these more restrictive advisories. Since 1971, NYSDOH has issued multiple advisories on sportfish from
New York State waters because of their contamination with toxic chemicals. Over time, advisories have been
imposed, revised and removed to reflect current data and the developing understanding of the health hazards
posed by those contaminants.
4.2.2 Hudson River Advisories
New York first issued advisories based on the elevated PCB concentrations in Hudson River fish in 1975. In
an August 1975 press release, the Commissioners of both NYSDOH and NYSDEC joined in warning the
public against consumption of any striped bass from the Hudson River and in recommending that people limit
their consumption of other species of Hudson River fish because of the excessive concentrations of PCBs in those
fish (NYSDEC, 1975b).13 Following this initial advisory, on February 24, 1976, NYSDOH Commissioner
Whalen wrote to letter to NYSDEC Commissioner Reid, certifying that the health and welfare of the
human population could be endangered by the consumption of fish taken from the Hudson River between
Fort Edward and the Battery because of the concentration of PCBs in the fish (Whalen, 1976). He specifically
advised that no fish taken between Fort Edward and the Troy Dam be consumed, that eels taken from the Hudson
River not be consumed, and that infants and pregnant women eat no fish from the Hudson River ( ibid.).
Since 1976, Hudson River advisories have remained in place with periodic modifications, such as when new
fish contaminant data became available and when the FDA lowered the tolerance for PCBs in fish from 5
ppm to 2 ppm (49 FR 21514). Contaminant data collected by NYSDEC are regularly communicated to
NYSDOH staff. NYSDOH then reviews the data and determines whether any updates or revisions to existing
12 This language has been refined in more recent years to recommend: “eat up to four one-half pound meals a month (which should be
spaced out to about a meal a week) of fish from New York State fresh waters and some marine waters near the mouth of the Hudson
River.”
13 As stated in the 1975 and 1976 press releases (NYSDEC 1975b, State of New York 1976) and the 1976 NYSDOH certification letter
which established the first advisories (Whalen 1976), the basis for the Hudson River fish advisories was PCB contamination. The NYSDOH
Health Advisory publications from 1993 to the present specifically list PCB as the sole chemical of concern for Hudson River fish south of
Hudson Falls to the bridge at Catskill; south of this point, PCBs and other chemicals are included as contaminants of concern (see, for
example, NYSDOH 2014).
IN
JUR
IES T
O H
UD
SO
N R
IVE
R F
ISH
ER
Y R
ES
OU
RC
ES:
FIS
HE
RY
CL
OS
UR
ES A
ND
CO
NS
UM
PT
ION
RE
ST
RIC
TIO
NS
19
HU
DS
ON
RIV
ER
INJURIES TO HUDSON RIVER FISHERY RESOURCES:
FISHERY CLOSURES AND CONSUMPTION RESTRICTIONS
advisories are required. NYSDOH notifies the public of any changes in the advisories through a NYSDOH
press release and through the publication of the current health advisories for all New York water bodies in
NYSDOH’s annual health advisory/advice booklet, in NYSDEC’s annual fishing regulations guide, in
NYSDOH’s Hudson River regional fish advice brochures, and on the NYSDOH website. 14 Exhibits 6 and 7
show Hudson River advisories in tabular form by population group. Exhibit 8 shows the same information,
organized by geographic region. Exhibits 9 through 11 provide overviews of these advisories in map form. The details of these advisories are discussed below, with information presented both by population group
and by location.
4.2.3 Hudson River Advisories for Women Under 50 and Children Under 15
As noted above, NYSDOH sets more stringent consumption protocols for women of childbearing age and for
children (Exhibits 6 and 10). The reason for this specific advice is the concern that environmental
contaminants such as PCBs can accumulate in a mother’s body and be passed on to a fetus or to a nursing
infant through the mother’s milk, or can accumulate in a young child, with the potential to cause adverse
effects to developing systems of the fetus or ch i ld (NYS DOH, 1985a) . The exact l anguage used to
de scr ibe the se groups has been r ef i ned over the y ear s . In 1975 , no spec i f i c popul a t ion sub - groups
were ca l l ed out fo r add i t iona l prot ec t i ons . In 1976, state health officials specifically advised that
infants, young children and pregnant women avoid eating any fish from the Hudson River because of PCB
contamination (State of New York, 1976). In 1982, the warning was broadened to include all women of
childbearing age along with infants and children under the age of 15, a definition that remained unchanged
through the 2009-2010 advisory (Axelrod, 1982; NYSDOH 2009). In the 2010-2011 advisory, this language
was refined to specify women under 50 years and children under 15 years old, and this language remains in
place today (NYSDOH 2010; NYSDOH 2014). 15 Furthermore, the don’t eat (i.e., “eat none”) advisory for these
groups remains in effect for all species and for all portions of the Hudson River below Hudson Falls
(Exhibits 9 and 10).16
4.2.4 Hudson River Advisories for Women Over 50 and Men Over 15
Exhibits 7 and 11 depict the geographic and species extent of the PCB-based fish consumption advisories that
state health officials have put in effect for the Hudson River from the mid-1970s to the present, as
applicable to men and to women not of child-bearing age. For these groups, there are three key advisories that
have persisted throughout the entire period: first, the don’t eat advisory for all fish in the upper river from
Hudson Falls to Troy Dam. (More specifically, since 2006, NYDOH’s health advice for the upper river has
referenced NYSDEC’s catch and release fishing regulations, and since 2011, the advice further emphasized
“Take no fish. Eat no fish.”) Other advisories that have persisted through this period include the don’t eat
advisories for striped bass and American eel from Hudson Falls to Catskill.
DOH has changed its consumption advisories over time. For example, one change occurred in 1983 when
NYSDOH added an advisory for white perch north of Catski l l (NYSDEC, 1983). The lowering of the
FDA tolerance limit for PCBs from 5 ppm to 2 ppm in August of 1984 caused New York to significantly
14 The documents are available at: http://www.dec.ny.gov/outdoor/7917.html, https://www.health.ny.gov/publications/2794.pdf,
and http://www.health.ny.gov/environmental/outdoors/fish/health_advisories/, available as of 12 February 2015. NYSDOH also
publishes consumption advisories at: www.health.ny.gov/fish.
15 In 2010, these groups represented approximately 43% of the population of New York State. This estimate is based on the number of
all children under the age of 15 plus all females between ages 15 and 50 (New York State Statistical Yearbook, 2013).
16 The only exception to this broad advisory occurred from 1994 to 2009, when NYSDOH advised that a few meals a year of Hudson
River American shad would not pose an unacceptable risk to children and to women of childbearing age, assuming that this is their
only significant exposure to PCBs. Also of note, NYSDOH changed some of the language it uses. Up through the 2009-2010 issu-
ance, NYSDOH described advisories using the phrases “eat none”, “eat no more than one meal per month”, and “eat no more than
one meal per week.” Starting in 2010-2011, NYSDOH refined its language to become “don’t eat”, “eat up to one meal per month”
and “eat up to four meals per month” (NYSDOH 2010).
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modify its advisories in 1984 for the middle and lower reaches of the Hudson River (NYSDEC, 1984b).
Because of the timing of the change in the FDA tolerance, NYSDOH in fact issued two sets of advisories in 1984:
one in June and a second in November.
Another shift in advisories occurred in the early 1990s as a result of an increase in PCB
concentrations in fish detected beginning in 1992. By the mid-1980s, PCB concentrations in fish from the
Hudson River had declined, although average PCB concentrations in many species still exceeded the 2 ppm
FDA tolerance level (Sloan, 1999; NYSDEC, 2001). However, fish taken from the upper Hudson River in
May and June of 1992 and 1993 had PCB concentrations as high as those reported in the early 1980s (Sloan,
1999). As discussed in Section 3.2, additional releases from the area of the Hudson Falls plant (the Allen Mill
event), discovered in the early 1990s, contributed to the increased PCB concentrations detected in the fish.
As a result, in 1994, NYSDOH substantially revised its advisories for the Troy Dam to Catskill reach of the
lower river from species-specific advice to eat none for all species except American shad (NYSDOH, 1994).
EXHIBIT 9: HUDSON RIVER FISH CONSUMPTION ADVISORIES IN 1976
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EXHIBIT 10: FISH CONSUMPTION ADVISORIES FOR WOMEN UNDER 50 AND CHILDREN UNDER 15, 1976 TO
PRESENT*
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EX
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PCB concentrations in upper Hudson River fish gradually returned to pre-1992 concentrations as the Allen Mill
release was brought under control (EPA, 2000b). Despite these declines, the fish remain contaminated with
PCBs. PCB-based consumption advisories continue for many species of fish in the Hudson River estuary, the
most recent of which were issued for 2014 to 2015 (see Exhibit 11).17
4.2.5 Hudson Falls to the Troy Dam
Between 1976 and 1995, fishing (with the exception of baitfish) was banned in this section of the river due to
elevated PCBs. Since February 24, 1976 to the present, NYSDOH has advised against consumption of any
species within the 40 mile reach of the Hudson River from Hudson Falls to the Troy Dam. Since 2006,
NYDOH’s health advice has referenced NYSDEC’s catch and release fishing regulations, and since 2011, the
advice further emphasized “Take no fish. Eat no fish.” This advice applies to all fish caught within this
section of the river and is based on the excessive PCB concentrations that have been found in all species of fish
from this reach. The don’t eat advice remains in effect despite the lifting of the regulatory ban on recreational
fishing from Hudson Falls to Troy Dam in 1995. While fishing is now permitted, it is still illegal to possess
fish from this section of the river. In fact, the Health Department’s concurrence in re-opening a “catch and
release” fishery in the upper Hudson River was predicated on a continued eat none advisory (DeBuono, 1995).
4.2.6 Troy Dam to Catskill
In 1975, NYSDOH advised against eating striped bass from the Hudson River, further noting that this
recommendation would be in effect until further information was available (NYSDEC 1975b). As noted previously,
in 1976, for the section of the Hudson from the Troy Dam to Catskill, NYSDOH issued an eat none advisory
for infants, young children, and pregnant women, and a similar advisory remains in place today, although as
described previously, this group was broadened to include women under age 50 and children under age 15. 18
Also in 1976, NYSDOH issued a limited consumption advisory for the general population, and added an eat
none advisory for American eel (Whalen, 1976). Between 1982 and 1994, NYSDOH issued advisories for a
number of additional specific fish species (e.g., NYSDEC, 1983 and 1984; also see Exhibit 8).
In 1994, with the exception of American shad, NYSDOH shifted all advisories in this area to eat none
(NYSDOH, 1994). In 1999, however, four species—alewife, blueback herring, rock bass, and yellow perch —
were upgraded to the recommendation that no more than one meal per month be eaten (NYSDOH, 1999). With
the exception of those four, for the fifteen years since 1999, all fish species in this area remain covered by the
eat none (or don’t eat) advisory.
As can be seen in Exhibit 8, for white catfish, carp, white perch, and goldfish, a don’t eat advisory has been in
effect for approximately 30 years. For the striped bass and American eel, a don’t eat advisory has been in effect
continuously since 1975, a total of 39 years.
4.2.7 Catskill South
This river reach begins at Catskill, and its southern border has changed over time. In particular (NYSDOH
1983-2014):
From 1976-1995, the southern border extended to lower New York Harbor;
From 1995-2006, the southern border extended to and included the Upper Bay of New York Harbor
(north of Verrazano-Narrows Bridge);
17 Exhibit 10 depicts the current extent of consumption advisories for Hudson River fish. The current health advisories are also available (as of
29 May 2014) at the following website: http://www.health.ny.gov/environmental/outdoors/fish/health_advisories/.
18 Between 1994 and 2008, the advisories stated that a few meals/year of American shad was an acceptable risk. In 2010, due to population con-
cerns (as distinct from contaminant concerns), NYSDEC prohibited fishing for and possession of American shad from the Hudson River.
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In 2006, the southern border was limited to the Battery in New York City; and
In 2007-2014, the southern border extended to the Upper Bay of New York Harbor.
As noted previously, in 1976, NYSDOH issued an eat none advisory for infants, young children, and pregnant
women, and a similar advisory remains in place today, although as described previously, this group was
broadened to include women under age 50 and children under age 15. For the general population, in 1976
NYSDOH issued an eat none advisory for the American eel. In addition, between the mid-1980s and the mid-
1990s, NYSDOH issued eat none advisories for nine different fish species for periods ranging from five to 10
years (see Exhibit 8). These fish species include brown bullhead, carp, goldfish, largemouth bass,
pumpkinseed, striped bass, walleye, white catfish, and white perch.
In the spring of 1994, in an attempt to make the Hudson River fish consumption advisories more easily
understood, NYSDOH abandoned the species-by-species approach and issued a blanket advisory for Catskill
downstream to New York City to eat no more than one meal per month for all species except American shad,
Atlantic sturgeon,19 blueback herring, bluegill, pumpkinseed and yellow perch (NYSDOH, 1994). This changed
the advisory status of many fish, imposing consumption advisories on many unintended freshwater and marine
species. Consequently, in May of 1995 NYSDOH switched back to a species - and reach-specific format in the
lower river south of Catskill (NYSDOH, 1995a). The current health advisory between Catskill and the Tappan
Zee Bridge recommends don’t eat of three fish species and recommends the consumption of up to one meal per
month for 11 additional fish species. All other fish are subject to an eat up to four meals per month advisory (see
Exhibit 11). Blue crabs are also subject to an eat up to four meals per month advisory (consisting of six crabs per
meal), in addition to which the cooking liquid and hepatopancreas (tomalley, or mustard) should not be
consumed from crab or lobster. The current advisory south of the Tappan Zee Bridge is the same as between
Catskill and the Tappan Zee except the eat up to one meal a month advisory is in place for seven species of fish.
5. BASELINE DETERMINATION
Baseline refers to the “condition or conditions that would have existed at the assessment area had the
discharge of oil or release of the hazardous substance under investigation not occurred” (43 CFR 11.14(e)).
For the Hudson River, the baseline condition is the condition of the river absent the PCB releases associated
with GE’s Ford Edward and Hudson Falls plants. The Trustees have furthermore determined that, absent
these releases, few or no PCB-based advisories would be in place between the South Glens Falls Dam at the
Route 9 bridge through the Tappan Zee Bridge.
North of the Corinth (Palmer Falls) Dam, no PCB-based advisories are in place for any portion of the
population. Between Corinth and the South Glens Falls Dam at the Route 9 Bridge, PCB -based population-
wide advisories are limited to carp (NYSDOH, 2014); this advisory has been in place since 1996. 20 For other
species in that reach, since 1994 women under 50 and children under 15 have been advised to eat none (due to
both PCBs and mercury), while other people may eat up to four meals per month.
PCBs are the only listed chemical of concern for the Hudson River between the South Glens Falls Dam/
Feeder Dam at the Route 9 Bridge and the Tappan Zee Bridge, with two exceptions. Dioxin and cadmium
contribute (along with PCBs) to the advisory for tomalley in crabs/lobsters caught between the Rip Van
Winkle Bridge at Catskill and south of the Tappan Zee Bridge. Also, cadmium contributes (along with PCBs)
to the advisory on blue crab meat caught in this same area.
19 In 2012, the Atlantic sturgeon New York Bight distinct population segment was federally listed as endangered (77 FR 5880)
20 Women under 50 and children under 15 are advised to eat none; others are advised to eat up to 1 meal per month.
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6. SUMMARY OF DETERMINATION OF INJURY TO HUDSON RIVER FISHERY
RESOURCES
The Hudson River Natural Resource Trustees have concluded that a natural resource, the Hudson River
fishery, has been injured as a result of the closures and health advisories documented herein. Extensive
fishing bans and fish consumption advisories have been and continue to be in place for multiple fish species
downstream of Hudson Falls. These closures and advisories constitute directives to limit or ban
consumption, and were issued by New York state officials from 1975 to the present because of the excessive
PCB concentrations in Hudson River fish.
From 1976 to the present, all species from Hudson Falls south to New York City, including associated
tributary reaches,21 have been subject to a don’t eat (or eat none) advisory directed to women of childbearing
age and all children under age 15 (see Exhibit 6). Furthermore, in the 43 miles of the upper Hudson River,
use of the fishery has been impacted by both regulatory fishing restrictions and a general population eat none
advisory established in 1976 that continues to the present. For 19 years, fishing was banned in this reach of
the river, and possession of any fish in this reach remains prohibited. Altogether, the don’t eat (or eat none)
advisory applicable to all species in the upper Hudson River has been in place for nearly 40 years.
Consistent with the recreational advisory, in the 41 miles from the Troy Dam to Catskill (plus associated
tributary reaches22) from 1976 to 1981, all species except Atlantic sturgeon over four feet long, goldfish and
American shad were subject to a commercial fishing ban. From 1982 to 1994, a minimum of six and as many
as 17 species of fish in this reach were the subject of a commercial or recreational fishing ban, a general
population consumption advisory, or both. The consumption advice for the majority of those species was eat
none. From 1994 to the present, general population consumption advisories directed at all species except
American shad23 have been in place; in most instances, the recommendation has been eat none.
Finally, in the 113 river miles from Catskill to the Battery (including associated tributary reaches) from 1976
to 1981, a commercial fishing closure was in effect for all species except baitfish, Atlantic sturgeon over four
feet long, goldfish and American shad. From 1982 to the present, between six and 19 fish species have been
subject to a commercial or recreational fishing ban, a general population consumption advisory, or both.
Currently, fourteen fish species continue to be subject to restrictive consumption advice (for men over 15
and women over 50). For all other fish species, NYSDOH currently recommends consumption of up to four
meals per month (for men over 15 and women over 50).
The imposition of these restrictions on fishing and fish consumption by state officials is an injury as defined
in the DOI regulations. Closures and other restrictions have been in effect for decades and continue to the
present day (see Exhibits 4 and 9). The public’s uses of the fishery, whether for a livelihood, a source of
recreational enjoyment, or for nutrition, have been dramatically reduced or, in some cases, completely
eliminated. Additional reductions in fish PCB concentrations will be necessary to bring about the removal of
these restrictions. The injury to the resource is expected to continue into the future until that occurs. In a
future report to the public, the Trustees will consider specific measures whereby the Hudson River fishery
might be restored and the public might be compensated for the past and ongoing losses of this resource.
21 Advisories also apply to tributaries and connected waters where there are no dams, falls or barriers to stop the fish from moving upstream.
22 Fishing bans also apply to tributaries and connected waters where there are no dams, falls or barriers to stop the fish from moving upstream.
23 In 2010, due to population concerns (as distinct from contaminant concerns), NYSDEC issued a regulatory closure for American shad, such
that both recreational fishing for and possession of the species are prohibited.
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Arcadis. (2014). 2013 Annual Groundwater
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Armstrong, R.W. and R.J. Sloan. (1988). PCB
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freshwater species. Pp. 304-324. In C.L.
Smith (ed.). Fisheries Research in the
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York Press, Albany, New York.
Axelrod, D. (1982). Letter to Hon. Robert F.
Flacke, Commissioner, NYS Department of
Environmental Conservation from Dr.
David Axelrod, Commissioner of Health,
State of New York Department of Health.
March 15.
Berle, P.A.A. (1976). Press Release:
“Commissioner of Environmental
Conservation Peter A.A. Berle today
announced a change in the overall ban
against commercial fishing due to PCB’s…”
July 9.
Brown, M.P., M.B. Werner, R.J. Sloan and S.W.
Simpson. (1985). Polychlorinated Biphenyls
in the Hudson River. Environ. Sci.
Technol. 19(9): 656-661.
Contaminant Assessment and Remediation
Project (CARP). 2008. Summary of
accomplishments and findings. Accessed 1
August 2014 at: < http://
www.hudsonriver.org/download/
carp_05_08.pdf>.
DeBuono, B.A. (1995). Letter from NYSDOH
Commissioner Barbara A. DeBuono to
NYSDEC Commissioner Michael D.
Zagata. May 1.
Eisenbud, M. (1975). Letter to Dr. Kevin Cahill,
the Governor’s Special Assistant for Health
Affairs. December 18.
Federal Register (FR). 1973. 38 FR 18096-18106.
July 6.
Federal Register (FR). 1984. 49 FR 21514-21529.
May 22.
Field, J., L. Rosman, T. Brosnan, and R. Foley.
(2011). Hudson River Remedy:
Unremediated PCBs and the Implications
for Restoration, Poster Presentation,
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General Electric (GE). 2014a. Press Release: GE
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preparing-for-5th-season-of-dredging/>.
General Electric (GE). 2014b. Remedial
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Upper Hudson River Floodplain.
September. September. Appendix 1 of the
September 30, 2014 Administrative
Settlement Agreement and Order on
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Feasibility Study, U.S. EPA Index No.
CERCLA-02-2013-2014.
Hetling, L.J., E.G. Horn, and R.J. Tofflemire.
(1978). Summary of Hudson River PCB
Study Results. NYSDEC, Albany, NY. April
1978.
Horn, E.G., L.J. Hetling and R.J. Tofflemire.
(1979). The problem of PCBs in the
Hudson River System. Ann. NY Acad. Sci.
320: 591-609.
Hudson River Natural Resource Trustees
(HRNRT). 2013. PCB Contamination of the
Hudson River Ecosystem: Compilation of
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