(a)
Definitions.
For the purposes of this section, the following definitions
apply:
(1) A trip
limit means the maximum amount of fish that can be possessed on board
or landed by a vessel during a period of time, not less than 24 hours, in which
fishing is conducted, beginning when the vessel leaves port and ending when the
vessel returns to port. A vessel or fisher shall not land more than a
possession limit or trip limit per species in any one calendar day, except
that, where a weekly limit or biweekly limit is specifically authorized by the
department pursuant to subdivision (i) of this section, a fisher authorized to
take the weekly or biweekly limit shall not possess or land more than the
weekly limit or biweekly limit in one calendar day or; where one trip limit for
each of two commercial license holders on board a single vessel is specifically
authorized by the department pursuant to subdivision (i) of this section, a
vessel with two or more commercial license holders on board shall not possess
more than two trip limits of the authorized species in one calendar
day.
(2) A slot size
limit means a size limit which has both a minimum length and a maximum
length.
(3)
At sea
transfer means the transferring of fish from one vessel to another
vessel other than in harbor at a vessel's permanent mooring.
(4)
Party and charter boats
means vessels used to carry passengers for hire wherein a fee is charged,
either directly or indirectly, for the purpose of taking or attempting to take
marine fish for recreational purposes. A vessel advertising or offering
services for charter or brokering a trip shall be presumed to be a party or
charter boat.
(5)
Land or landed means the bringing of fish to
shore or the transfer of the catch of fish taken from a vessel to any other
vessel or in-water storage facility or to the land or to any pier, wharf, dock
or other similar structure. When a vessel bearing fish has been tied, moored,
or made fast to land, to another vessel, to an in-water storage facility or to
any pier, wharf, dock or similar structure, such fish shall be deemed as
landed.
(6) The Tautog Management
Regions are defined as follows:
(i) The Long
Island Sound Management Region includes all marine and coastal district waters
lying east of the Throgs Neck Bridge and west of a line that runs from Orient
Point, NY to Watch Hill, RI.
(ii)
The New York Bight Management Region includes all New York marine and coastal
district waters lying outside of the Long Island Sound Tautog Management
Region.
(7) The 'tautog
tagging season' means the period of time when commercial tautog tags may be
applied to legally harvested tautog. The season shall run from April 16 through
January 25.
(8) "Multi-state
possession limit" means the sum of:
(i) the
commercial trip limit in New York State for a designated quota-based species
and
(ii) the commercial trip limit
for the same species in cooperating states from which the Program participant
has privileges to land the designated quota-based species.
(9) "Cooperating states" means states other
than New York that have enacted reciprocal rules enabling commercial fishermen
licensed by that state to participate in the Program, and that have provided
notice to the department of intent to cooperatively participate in the
Program.
(10) "Program" means the
Cooperative Multi-State Possession and Landing Program, which at the discretion
of the Department, allows the holder of a commercial food fish license, in
accordance with this section, to simultaneously possess trip limits for the
designated quota-based species for New York and other cooperating states and
land the appropriate trip limit for that species in each of the cooperating
states.
(11) "Natural bait" means
all baits which entice or might be ingested or swallowed by fish including, but
not limited to, fish (dead or alive), fish eggs, worms, shellfish, crustacea,
amphibians (salamanders, frogs and toads), insects (including all stages of
development as larvae, pupae, etc.), pork rinds, liver, meat, corn or other
vegetable matter, tapioca, candy, cheese, bread and putty or dough-like scented
baits.
(12) "Non-offset circle
hook" means a fishing hook designed and manufactured so that the point and barb
of the hook are not offset from the plane of the shank and bend, and the point
is turned perpendicularly back towards the shank to form a circular or oval
shape.
(13) A "gaff" means any
implement or device used, after a fish has been caught by other means, to
puncture, hook, or penetrate the fish during the landing, retrieval or release
of the fish. "Gaff" also means the act of using a gaff.
(b)
General provisions.
(1) It is unlawful for any person to take or
possess on the waters of the marine and coastal district, as defined in
Environmental Conservation Law (ECL) section 13-0103, or the shores thereof, or
anywhere inland from such shores in the Counties of Suffolk, Nassau, Queens,
Kings, Richmond, New York, Bronx, and those portions of Westchester County
within the marine and coastal district bordering on Long Island Sound, fish of
the species listed in Table A, B or C:
(i)
other than during the open season specified for the species;
(ii) of a size less than that specified for
such species or outside of any slot size limit specified for such
species;
(iii) in excess of the
possession limit or trip limit specified for such species, except that where a
weekly limit or biweekly limit is specifically authorized by the department
pursuant to subdivision (i) of this section, such fish shall not be taken or
possessed in excess of the weekly limit or biweekly limit specified for such
species;
(iv) contrary to the
provisions of any special regulations for such species;
(v) contrary to any directive issued by the
department pursuant to the provisions of this section; or
(vi) except in accordance with this Part.
Nothing in this Part shall be construed as authorizing any person to possess
fish described in this Part except as permitted by these
regulations.
(2) The "at
sea transfer" of any species for which there is a possession or trip limit is
prohibited.
(3) Conviction for or
civil settlement of a violation of any provision of this Part may result in
permit revocation or disqualification from receiving future permits issued
pursuant to this Part as prescribed in Part 175 of this Title.
(4) Failure to comply with the provisions of
this Part may result in permit revocation or disqualification from receiving
future licenses and/or permits issued pursuant to this
Part.
(c)
Reporting
requirements.
(1) Marine commercial
food fishing license, food fish landing license and marine bait permit holders.
(i) Any person who is the holder of a marine
commercial food fishing license, food fish landing license, or marine bait
permit issued pursuant to section 13-0335 of the Environmental Conservation Law
shall complete and submit an accurate fishing Vessel Trip Report for each
commercial fishing trip, detailing all fishing activities and all species
landed, on a form prescribed by the department. If more than one commercial
license holder on board a single vessel is authorized to possess and land the
trip limit of a regulated species pursuant to paragraph (1) of subdivision
40.1(a) of this
part, then each authorized license holder shall complete and submit a separate,
accurate fishing Vessel Trip Report documenting the fishing activities and
species landed under the authority of the license holder's permit. The license
holder shall submit such fishing reports monthly to the department within 15
days after the end of each month or at a frequency specified by the department
in writing. Fishing Vessel Trip Reports shall be completed, signed, and
submitted to the department for each month; if no fishing trips were made
during a month, a report must be submitted stating no trips were made for that
month. Incomplete fishing Vessel Trip Reports or unsigned reports will not
satisfy these reporting requirements. Any New York license holder who is also
the holder of a federal fishing permit issued by NOAA Fisheries Service must
instead satisfy the reporting requirements specified by NOAA Fisheries Service.
If requested in writing by the department, New York license holders who also
hold federal fishing permits shall submit to the department the state (blue)
copy of the Fishing Vessel Trip Report (NOAA Form No. 88-30) for the month or
months identified in the written notification.
(ii) The fishing vessel trip report must be
completed with all required information, except for information not yet
ascertainable, and signed before the vessel arrives at the dock or lands the
catch. Information that may be considered unascertainable before arriving at
the dock or landing includes dealer name, dealer number, and date
sold.
(2) Food fish and
crustacea dealers and shippers license holders. Any person who is the holder of
a marine and coastal district food fish and crustacea dealers and shippers
license issued pursuant to section 13-0334 of the Environmental Conservation
Law shall:
(i) Complete and sign an accurate
purchases from fishing vessels and/or fishermen report detailing each purchase
of marine food fish, crustacea, horseshoe crabs, and whelks from harvesters, on
a form prescribed by the department. The license holder must submit these
reports to the department within three days after the end of each week, or at a
frequency specified by the department in writing. A purchases from fishing
vessels and/or fishermen report shall be completed, signed and submitted to the
department each week; if no purchases of food fish, crustacean, horseshoe crabs
or whelk were made during that week, a report must be submitted stating no
purchases were made for the week. Incomplete purchases from fishing vessels
and/or fishermen reports or unsigned reports will not satisfy these reporting
requirements. Any New York license holder who is also the holder of a Federal
dealers permit issued by NOAA Fisheries Service must instead satisfy the
reporting requirements specified by NOAA Fisheries Service.
(ii) Effective January 1, 2012, submit
complete and accurate purchases from fishing vessels and/or fishermen reports
to the Atlantic Coastal Cooperative Statistics Program (ACCSP) through its
website at
www.accsp.org. Any New York
license holder who is also the holder of a Federal dealers permit issued by
NOAA Fisheries Service must instead meet the reporting requirements specified
by NOAA Fisheries Service.
(3) Marine and coastal district party and
charter boat license holders. Marine and coastal district party and charter
boat license holders.
(i) Any person who is
the holder of a marine and coastal district party and charter license issued
pursuant to section 13-0336 of the Environmental Conservation Law shall
complete and submit an accurate fishing vessel trip report for each party or
charter fishing trip, detailing all fishing activities and all species landed,
on a form prescribed by the department. The license holder shall submit such
fishing reports monthly to the department within 15 days after the end of each
month or at a frequency specified by the department in writing. Fishing vessel
trip reports must be completed, signed, and submitted to the department for
each month; if no fishing trips were made during a month, a report must be
submitted for that month stating no trips were made. Incomplete fishing vessel
trip reports or unsigned reports will not satisfy these reporting requirements.
For each fishing trip, the license holder shall complete and sign the fishing
vessel trip report prior to the vessel's return to port. Any New York license
holder who is also the holder of a Federal fishing permit issued by NOAA
Fisheries Service must instead satisfy the reporting requirements specified by
NOAA Fisheries Service.
(ii) Upon
the request of an on-board observer, who is an authorized representative of the
department or of the NOAA Fisheries Service, the holder of a marine and coastal
district party and charter boat license shall carry such on-board observer at
all times when engaged in activities authorized by such license, and shall
report catch and effort information to the department or the NOAA Fisheries
Service when requested to do so by such agencies or an authorized
representative.
(4)
License holders subject to the provisions of this subdivision shall present
their logbooks, fishing vessel trip reports or purchases from fishing vessel
reports and/or fishermen reports and make them available for inspection upon
the request of an authorized agent of the department or NOAA Fisheries Service.
License holders shall submit their fishing vessel trip reports or purchases
from fishing vessels and/or fishermen reports to the department at the
following address: NYSDEC, Bureau of Marine Resources, 205 N. Belle Mead Road,
Suite # 1, East Setauket, New York 11733. Reports may be mailed, faxed, emailed
or submitted by any other method approved by the department.
(5) In fulfillment of these reporting
requirements, license holders subject to the provisions of this subdivision may
choose to submit purchases from fishing vessels data or fishing trip data
online at the Atlantic Coastal Cooperative Statistics Program website,
www.accsp.org. Complete and accurate fishing
trip and purchase data submissions to this website will satisfy the reporting
requirements specified in this subdivision. License holders who submit fishing
data electronically must maintain a dated logbook, on board the specific
fishing vessel, that details all fishing activities for each fishing trip. Data
to be recorded in this logbook must include the vessel name, date sailed and
date landed, all species landed and the weight or number of each species taken
during the dated trip, and other information required by the department.
Entries must be entered into the logbook before the vessel arrives at the dock
or lands the catch.
(6) Failure to
file fishing vessel trip reports or purchases from fishing vessels and/or
fishermen reports as required may disqualify the owner or operator from
receiving future licenses or permits pursuant to Part 175 of this title. Any
person who falsifies any fishing vessel trip report or purchases from fishing
vessels and/or fishermen report shall be subject to the penalties established
pursuant to the provisions of article 71 of Environmental Conservation Law and
may be subject to permit revocation pursuant to Part 175 of this
Title.
(d)
Commercial fishing-general provisions.
(1) It is unlawful for the holder of a
commercial foodfish license while exercising the privilege of such license to
take or have in their possession or on board the same vessel any food fish in
addition to what is allowed by any regulations affecting the commercial
fishery.
(2) It is unlawful to take
or possess bluefish, scup, black sea bass, striped bass, summer flounder,
tautog, weakfish, or winter flounder for commercial purposes on any charter
vessel, or party boat or any other vessel while carrying passengers for hire.
No person fishing on any charter vessel or party boat or any vessel, while such
vessel or boat is carrying passengers for hire, including persons who hold a
license pursuant to section 13-0335 of the Environmental Conservation Law, may
take or possess more than the recreational possession limit for bluefish, scup,
black sea bass, striped bass, summer flounder, tautog, weakfish, or winter
flounder nor take or possess any species of fish during any recreational closed
season or in excess of any recreational possession limit or smaller than any
recreational size limit.
(3) The
holder of a commercial license issued pursuant to Environmental Conservation
Law, section 13-0335 shall carry on his or her person or shall have posted on
his or her vessel such license at all times when fishing for food fish. The
holder of any permit issued pursuant to this section shall carry on his or her
person or post on his or her vessel such permit at all times when fishing under
the authority of such permit. The holder of any such license or permit shall
make it available for inspection upon the request of an authorized agent of the
department.
(4) License holders
shall display a valid commercial foodfish license decal, provided by the
department, whenever the vessel is operating as a commercial fishing vessel or
when any person onboard is fishing under the authority of a commercial foodfish
license. The decal shall be displayed on the port side of the vessel, and shall
be readily visible from the water or dock. The decal shall be placed on the
wheel house window or, in the case of craft with no enclosed cabin, on the
console or windscreen. Vessels with no wheel house or console shall display the
decal in plain sight on the port side of the hull.
(5) Conviction for or civil settlement of a
violation of any provision of this section may result in permit revocation or
disqualification from receiving future permits issued pursuant to this Part as
prescribed in Part 175 of this Title.
(e)
Shipping, labeling and packing
requirements for quota managed species.
(1) It shall be unlawful for a New York
commercial food fish license holder to possess, ship, or transport, or cause to
be shipped or transported, any container holding summer flounder, scup, black
sea bass, bluefish, or spiny dogfish which has not been properly labeled at the
point of landing in New York State. Such labels shall be at least two inches
wide by four inches long of substantial water proof material and display the
following information:
(i) the license
holder's name;
(ii) the licence
holder's New York commercial foodfish license number or New York commercial
foodfish landing license number; and
(iii) the date landed.
(2) No person, including dealers, shippers,
wholesalers and retailers, shall receive, store, possess, sell, offer for sale,
transport, ship, or reship, or cause to be received, stored, possessed, sold,
offered for sale, transported, shipped or reshipped, any New York landed summer
flounder, scup, black sea bass, bluefish, or spiny dogfish, in containers that
have not been properly labeled, pursuant to paragraph (1) of this
subdivision.
(3) No person,
including dealers, shippers, wholesalers and retailers, shall receive, store,
possess, sell, offer for sale, transport, ship, or reship, or cause to be
received, stored, possessed, sold, offered for sale, transported, shipped or
reshipped, any summer flounder, scup, black sea bass, bluefish, or spiny
dogfish lawfully taken in another state unless there is a complete bill of
lading that accompanies such product and each container is marked with a label
at least two inches wide and four inches long of substantial, water-resistant
material. Such label must indicate clearly:
(i) the state of origin;
(ii) the harvester's name and permit
number;
(iii) the date landed;
and
(iv) the shipper's name.
All bills of lading shall be available for inspection by
the department for a period of one year from date that such product was
handled.
(4) Any
summer flounder, scup, black sea bass, bluefish or spiny dogfish lawfully taken
and landed in other states and shipped into New York for trade, barter or sale:
(i) meet New York's minimum total length
requirements for such species; and
(ii) be from a state which authorizes
reciprocal privileges for such species taken in New York.
(5) Nothing in this section shall prohibit
the lawful transportation through the State of summer flounder, scup, black sea
bass, bluefish, or spiny dogfish lawfully taken from waters outside the State
and destined for a state other than New York, provided that such fish remain in
their original unopened container or containers, and such container or
containers are accompanied by written documentation, bill of lading, or
manifest of their origin.
(6)
Fourteen days following the beginning of any period when commercial harvesting
is prohibited, no person, including dealers, shippers, wholesalers and
retailers, shall hold or store summer flounder, scup, black sea bass, bluefish
or spiny dogfish for sale or resale for the duration of the period, except that
fish lawfully landed during an open period for the species pursuant to this
section, or summer flounder or scup taken between May 1st and October 31st by
the holder of a summer flounder fixed gear period (pound net/trap net only),
may be held or stored for sale or resale, provided that:
(i) the fish are in containers labeled
pursuant to paragraphs (1) and (3) of this subdivision;
(ii) the facility in which the fish are
stored maintains complete and accurate records indicating the origin of such
fish, the dealer's and shipper's name, the location landed, and the date
landed;
(iii) the quantity of fish
held for sale or resale is registered with the department upon storage during
an open period for the species pursuant to this section; and
(iv) such storage facility maintains all
records of purchases and disbursements of such product for a period of one year
following such purchases and disbursements.
(7) Packing and repacking. No person shall
pack or repack any summer flounder, scup, black sea bass, bluefish or spiny
dogfish, or portions thereof, in containers which have not been properly
labeled as provided in this subdivision. Any such summer flounder, scup, back
sea bass, bluefish, or spiny dogfish subdivided or repacked shall be clearly
labeled with the packer's and/or repacker's name, permit number, and all
information contained on the original label as specified in paragraphs (1) and
(3) of this subdivision.
(f) Table A- Recreational Fishing.
Species
|
Open
season
|
Minimum
length
|
Possession
limit
|
Striped Bass (except the Hudson River north of
the George Washington Bridge)
|
April 15- Dec. 15
|
28" to 35" TL
|
1
|
Red drum
|
All year
|
No minimum size limit
|
No limit for fish less than 27" TL Fish greater
than 27" TL shall not be possessed
|
Tautog (Long Island Sound Management
Region)
|
April 1 - 30
Oct. 11 - Dec. 9
|
16" TL
16" TL
|
2
3
|
Tautog (New York Bight Management
Region)
|
April 1 - 30
Oct. 15 - Dec. 22
|
16" TL
16" TL
|
2
4
|
American eel
|
All year
|
9" TL
|
25 for individuals 50 for party/charter boat
captain and crew
|
Pollock
|
All year
|
19" TL
|
no limit
|
Haddock
|
All year
|
18" TL
|
no limit
|
Atlantic cod
|
All year
|
21" TL
|
10
|
Summer flounder
|
May 1 - Oct. 9
|
18.5" TL
|
4
|
Yellowtail flounder
|
All year
|
13" TL
|
no limit
|
Atlantic sturgeon
|
No possession allowed
|
Spanish mackerel
|
All year
|
14" TL
|
15
|
King mackerel
|
All year
|
23" TL
|
3
|
Cobia
|
All year
|
37" TL
|
Fishing from shore: 1 per angler. Fishing from
vessel: 1 per vessel.
|
Monkfish (goosefish)
|
All year
|
17" TL
|
11" tail length #
|
no limit
|
Weakfish
|
All year
|
16" TL
|
1
|
10" fillet length+
|
12" dressed length**
|
Bluefish licensed party/ charter boat anglers
###
|
All year
|
No minimum size limit
|
5
|
Bluefish all other anglers
|
All year
|
No minimum size limit
|
3
|
Winter flounder
|
April 1-May 30
|
12" TL
|
2
|
Scup (porgy) licensed party/ charter boat
anglers
|
May 1 - Aug. 31
Sept. 1-Oct. 31
Nov. 1-Dec. 31
|
10.5" TL
10.5" TL
10.5" TL
|
30
40
30
|
Scup (porgy) shore based anglers
|
May 1 - Dec 31
|
9.5" TL
|
30
|
Scup (porgy) all other anglers
|
May 1 - Dec 31
|
10.5" TL
|
30
|
Black sea bass
|
June 23-Aug. 31
Sept. 1-Dec. 31
|
16.5" TL
16.5" TL
|
3
6
|
Anadromous river herring (alewife and blueback
herring) as defined in Part 10 of this Title (except the Hudson River and its
tributaries and embayments north of the George Washington Bridge at river mile
11)
|
Possession prohibited
|
American shad
|
Possession prohibited
|
Hickory shad
|
All year
|
No minimum size limit
|
5
|
Oyster toadfish
|
Jan. 1-May 14
and
July 16-Dec. 31
|
10" TL
|
3
|
Atlantic menhaden
|
All year
|
No minimum size
|
100
|
* Total length is the longest straight line measurement
from the tip of the snout, with the mouth closed, to the longest lobe of the
caudal fin (tail), with the lobes squeezed together, laid flat on the measuring
device, except that black sea bass are measured from the tip of the snout or
jaw (mouth closed) to the farthest extremity of the tail, not including the
tail filament.
# The tail length is the longest straight line measurement
from the tip of the caudal fin (tail) to the fourth cephalic dorsal spine (all
dorsal spines must be intact), laid flat on the measuring device.
+ The fillet length is the longest straight line
measurement from end to end of any fleshy side portion of the fish cut
lengthwise away from the backbone, which must have the skin intact, laid flat
on the measuring device.
** Dressed length is the longest straight line measurement
from the most anterior portion of the fish, with the head removed, to the
longest lobe of the caudal fin (tail), with the caudal fin intact and with the
lobes squeezed together, laid flat on the measuring device.
**** See special regulations contained in paragraph (h)(3)
of this section.
### See special regulations contained in paragraph (h)(4)
of this section.
(g)
(1) Except as provided in paragraphs (4) and
(5) of this subdivision, it is unlawful for any person to possess striped bass
from which the head or tail has been removed or that have been otherwise
cleaned, cut, filleted or skinned so that the total length or identity cannot
be determined; except that it is not unlawful if such fish is being prepared
for immediate consumption or storage at a domicile or place of
residence.
(2) No person shall take
striped bass for recreational purposes other than by angling and spearing.
(i) Recreational anglers are required to use
a non-offset circle hook when fishing for striped bass with any natural bait.
Striped bass caught on any other type of hook baited with natural bait must be
returned to the water immediately without unnecessary injury.
(ii) When fishing recreationally, the use of
a gaff to land or assist in landing striped bass is prohibited. No person shall
gaff or attempt to gaff striped bass at any time when fishing
recreationally.
(3)
During the closed recreational season for striped bass, catch and release
fishing by angling only is permitted. Catch and release
fishing is defined as a fishery where the fish are returned to the
water. During the closed season all striped bass taken shall be returned to the
water immediately without unnecessary injury.
(4) Any person who holds a valid Marine and
Coastal District Party and Charter Boat License issued pursuant to
Environmental Conservation Law 13-0336 may fillet striped bass taken on the
permitted party or charter vessel identified on his or her license under the
following conditions:
(i) fish may be
filleted for customers only;
(ii)
only fish which are legally possessed may be filleted;
(iii) striped bass may only be filleted prior
to customers leaving the vessel or the dock area prior to customers departing
the area;
(iv) it is unlawful to
mutilate any striped bass carcass to the extent that the total length or
species of fish cannot be determined;
(v) all striped bass carcasses must be
retained (unmixed with any other material) in a separate container readily
available for inspection until such time as the vessel has docked and all
passengers from that trip have left the vessel and the dock area. Any such
carcasses are included in the possession limit; and
(vi) all striped bass carcasses from any
previous trip must be disposed of prior to any person beginning to fish on a
subsequent trip;
(vii) all Marine
and Coastal District Party and Charter Boat License holders must provide each
customer who possesses striped bass fillets with a commercially printed, dated
original fare receipt, bearing the boat's name and the owner or operator's
Party and Charter Boat License number. Any customer of a party or charter boat
operated by a Marine and Coastal District Party and Charter Boat License holder
who is in possession of striped bass fillets must possess an original dated
receipt from that party or charter vessel.
(5) Violators of any of the provisions of
this subdivision are subject to the penalties established pursuant to the
provisions of article 71 of the Environmental Conservation Law and may be
subject to license revocation pursuant to Part 175 of this
Title.
(h)
Summer
flounder scup, and bluefish recreational fishing- special regulations.
(1) Except as provided in this paragraph or
paragraph (2) of this subdivision, no person shall possess summer flounder from
which the head or tail has been removed or that has been otherwise cleaned,
cut, filleted or skinned so that the total length or identity cannot be
determined. This prohibition shall not apply to fish being prepared for
immediate consumption or storage at a domicile or place of residence. White
side fillets and skin may be removed for use as bait provided the carcass of
the summer flounder with dark side completely intact is retained and available
for inspection to determine compliance with the size limit. Any such carcasses
count against the possession limit. It is unlawful to discard overboard the
carcass of any summer flounder from which a fillet or skin has been removed as
bait once fishing has begun.
(2)
Holders of a valid New York State marine and coastal district party and charter
boat license, issued pursuant to Environmental Conservation Law, section
13-0336, may fillet summer flounder on board the vessel covered by the license
subject to the following conditions:
(i) For
each fishing trip taken by a vessel, summer flounder parts or racks (remains of
fish after fillets have been removed) must not be discarded overboard once any
person on board the vessel begins to fish and until the vessel returns to its
dock.
(ii) Summer flounder racks
must not be mutilated to the extent that the length or species of fish cannot
be determined.
(iii) All summer
flounder racks must be retained (unmixed with any other material) in a separate
container readily available for inspection until such time as the vessel has
docked and all passengers from that trip have disembarked.
(iv) All summer flounder racks from the
previous trip must be disposed of prior to any person beginning to fish on a
subsequent trip.
(v) Violators of
any of the provisions of this subdivision are subject to the penalties
established pursuant to the provisions of article 71 of the Environmental
Conservation Law and may be subject to license revocation pursuant to Part 175
of this Title.
(3) Party
and Charter Boat License holders must provide each customer who possess more
than 30 scup during the period of September 1 through October 31 with a
commercially printed, dated original fare receipt, bearing the vessel's name
and the permit number. The customer of any licensed party or charter boat who
lands or possesses more than 30 scup during the period of September 1 through
October 31 must possess an original receipt from that party or charter
boat.
(4) Party and charter boat
license holders must provide each customer who possesses more than 3 bluefish
with a commercially printed, dated original fare receipt, bearing the vessel's
name and the permit number. The customer of any licensed party or charter boat
who lands or possesses more than 3 bluefish must possess an original receipt
from that party or charter boat.
(i) Table B - Commercial Fishing
Species
|
Open
season
|
Minimum
length
|
Trip
limit
|
Striped Bass (the area east of a line drawn due north
from the mouth of Wading River Creek and east of a line at 73 degrees 46
minutes west longitude, which is near the terminus of East Rockaway Inlet) |
May 15-Dec. 15# |
Not less than 26" TL nor greater than 38" TL |
See subdivision (j) of this section |
Red drum |
All year |
No minimum size limit |
no limit for fish less than 27" TL. Fish greater than
27" TL shall not be possessed. |
Tautog (Long Island Sound Management Region) |
May 7 - July 31
Sept. 1 - Nov 23
|
15" TL
15" TL
|
25 per vessel (except, 10 per vessel when fishing
lobster pot gear and more than six lobsters are in possession) |
Tautog (New York Bight Management
Region) |
April 16 - Jan. 25 |
15 TL |
25 per vessel (except,
10 per vessel when fishing lobster pot gear and more than six lobsters are in
possession) |
American eel |
All year |
9" TL |
no limit |
Pollock |
All year |
19" TL |
no limit |
Haddock |
All year |
19" TL |
no limit |
Atlantic cod++ |
All year |
19" TL |
50 pounds |
Summer flounder |
All year |
14" TL |
A trip limit, set by the department in consultation
with the commercial fishing industry, consistent with the requirements of the
Interstate Fishery Management Plan for summer flounder. The department, in its
discretion, may establish a weekly limit authorizing holders of commercial
summer flounder permits to possess and land up to a specified amount of summer
flounder in a seven- day period. |
Yellowtail flounder |
All year |
13" TL |
no limit |
Atlantic sturgeon |
No possession allowed |
Spanish mackerel |
All year |
14" TL |
3,500 pounds in possession, per vessel |
King mackerel |
All year |
23" TL |
3,500 pounds in possession, per vessel |
Cobia |
All year |
37" TL |
2 per vessel |
Monkfish (goosefish) |
All year |
17" TL 11" tail length+ |
No more than 25% of the total weight of monkfish
landed per trip may be monkfish livers |
Weakfish |
Hook and line |
16" TL |
100 pounds |
April 1-June 24 and |
10" fillet length** |
Aug. 28-Nov. 15 |
12" dressed length## |
All other gears April 1-June 24 and Aug. 28-Nov.
15 |
100 pounds |
June 25-Aug. 27 and Nov. 16-March 31 |
No more than 100 pounds, per vessel, in the round***,
and provided that at least an equal poundage of other foodfish species caught
during the same trip is on board the vessel |
Bluefish |
Jan. 1-Dec. 31 |
9" TL |
A trip limit set by the department and adjusted in
consultation with the commercial fishing industry |
Winter flounder |
Pound and |
12" TL |
50 pounds |
trap nets |
July 26- |
June 14 |
Fyke nets |
12" TL |
50 pounds |
Oct. 1- March 22 |
All other |
12" TL |
50 pounds |
gear |
Dec. 1-June 13 |
Scup |
All year |
9" TL |
A trip limit set by the department to be consistent
with the requirements of the Interstate Fishery Management Plan for scup. The
department, in its discretion, may establish a weekly limit or a biweekly limit
authorizing holders of New York State commercial foodfish licenses to possess
and land up to a specified maximum quantity of scup in a seven day (weekly
limit) or fourteen-day (biweekly limit) period. |
Black sea bass |
All year |
11" TL |
A trip limit set by the department to be consistent
with the requirements of the Interstate Fishery Management Plan for Black Sea
Bass. The department, in its discretion, may authorize up to two commercial
license holders per vessel to possess the black sea bass trip limit on any one
calendar day |
American shad |
Possession prohibited |
Oyster toadfish |
Jan. 1-May 14 and |
10" TL |
25 |
July 16-Dec. 31 |
Anadromous river herring (alewife and blueback
herring) as defined in Part 10 of this Title (except the Hudson River and its
tributaries and embayments north of the George Washington Bridge at river mile
11) |
No open season |
No possession allowed except that vessels fishing
exclusively in the Federal ocean waters of the Exclusive Economic Zone while
operating under a valid Federal permit for Atlantic mackerel and/or Atlantic
herring, may possess river herring up to a maximum of five percent, by weight,
of all species possessed. A person shall not barter, sell, offer for sale, or
expose for sale, any river herring so possessed). |
Atlantic menhaden |
All year |
No minimum size limit |
A trip limit set by the department to be consistent
with the requirements of the Interstate Fishery Management Plan for Atlantic
menhaden. |
*Total length is the longest straight line measurement from
the tip of the snout, with the mouth closed, to the longest lobe on the caudal
fin (tail), with the lobes squeezed together, laid flat on the measuring
device, except that black sea bass are measured from the tip of the snout or
jaw (mouth closed) to the farthest extremity of the tail, not including the
tail filament.
#The commercial striped bass fishery may be closed before
December 31st if the allowable harvest cap is projected to be met prior to such
date.
+The tail length is the longest straight line measurement
from the tip of the caudal fin (tail) to the fourth cephalic dorsal spine (all
dorsal spines must be intact), laid flat on the measuring device.
**The fillet length is the longest straight line
measurement from end to end of any fleshy side portion of the fish cut
lengthwise away from the backbone, which must have the skin intact, laid flat
on the measuring device.
++ Any amount of Atlantic cod legally harvested from waters
outside the state may be possessed on board vessels transiting state waters and
may be landed in New York at any time. Persons on such vessels may not fish for
Atlantic cod in state waters while utilizing this transit
provision.
(j)
Striped
bass commercial fishing-special regulations.
(1) General provisions. The total season
harvest may not exceed the amount approved for New York by the Atlantic States
Marine Fisheries Commission pursuant to the Interstate Fishery Management Plan
for striped bass. The annual quota shall be adopted by directive issued by the
Chief, Bureau of Marine Resources, consistent with the provisions of
subdivision (u) of this section.
(2) Striped bass legally harvested from other
states may be sold or offered for sale during New York's closed commercial
season provided they meet the provisions of paragraph (23) of this
subdivision.
(3) Except as provided
in paragraph (g)(4) of this section, it is unlawful to possess striped bass
from which the head or tail have been removed or that have been otherwise
cleaned, cut, filleted, or skinned so that the total length or identity cannot
be determined unless such fish is being prepared for immediate
consumption.
(4) It is unlawful for
any person to take or possess striped bass for commercial purposes on any
charter vessel, open boat or any other vessel while carrying passengers for
hire for the purpose of fishing. All persons on such vessel carrying passengers
for hire for the purpose of fishing must comply with Table A of this section
and any special regulations and shall not possess striped bass tags or tagged
striped bass.
(5) Conviction for or
civil settlement of a violation of any provision of subdivision (d) or (g) of
this section may disqualify the convicted or settling person from receiving
future striped bass permits pursuant to Part 175 of this Title.
(6) The department may close the commercial
fishery for striped bass when the harvest is projected, based upon weekly
reports and independent monitoring of the commercial fishery, to exceed the
total allowable harvest in pounds. Written notice will be sent to all permitted
fishers and to dealers known to handle striped bass prior to the closure of the
commercial striped bass fishery.
(7) The department shall subtract any
overharvest which exceeds the commercial harvest cap from the following year's
harvest cap.
(8) Permits.
(i) It is unlawful for any person to take
striped bass for commercial purposes without having in possession a valid
striped bass commercial permit. The department may permit a one-time reissuance
of a striped bass commercial harvesters permit pursuant to the provisions of
the Environmental Conservation Law, section 13-0328(6). Upon reissuance, the
former holder of such permit shall waive eligibility for striped bass
commercial harvesters permits, and all rights and responsibilities associated
with such permit shall pass to the recipient of such reissued permit.
(ii) Permits to take a full quota share of
striped bass will be issued at no cost to persons who currently possess a valid
New York State commercial food fish license and who previously held a New York
State license to sell striped bass during 1984, 1985, 1990, 1991, 1992, 1993,
1994, or 1995 and who can demonstrate through Federal or New York State income
tax records that 50 percent or more of his or her earned income resulted from
his or her direct participation in the harvest of marine fish, shellfish,
crustaceans or other marine biota in any one year during the period 1994
through 2004. A complete copy of such tax record must be filed with the
department upon application.
(iii)
Permits to take a partial quota share of striped bass will be issued at no cost
to persons who currently possess a valid New York State commercial food fish
license and who previously held a New York State license to sell striped bass
during 1984, 1985, 1990, 1991, 1992, 1993, 1994, or 1995 but who cannot
demonstrate that they earned 50 percent or more of their earned income from the
direct participation in the harvest of marine fish, shellfish, crustaceans or
other marine biota.
(iv) Any holder
of a partial share permit may apply for a full share permit by demonstrating
through Federal or State tax records that 50 percent or more of his or her
earned income has been derived from the direct participation in the harvest of
marine fish, shellfish, crustaceans or other marine biota during the preceding
year.
(v) Beginning in 2005, and
continuing at five year intervals, each striped bass commercial harvesters
permit holder in the full share category must file with the department a
complete copy of his or her federal or state income tax records from one of the
preceding three years. Such tax records must be filed before the June 1
deadline for receipt of applications. Such tax records must demonstrate that
the permit holder has, as stated in subparagraph (ii) above, maintained the 50
percent earned income level in order to remain a participant in the full share
category. Failure to file a timely and complete copy of federal or state income
tax records which demonstrate that the permit holder has maintained the 50
percent earned income level will result in the permit holder being placed into
the partial share category. Thereafter, the rules pertaining to partial share
permit holders provided in subparagraph (iv) above apply. This requirement
shall be suspended in 2015, until either reinstituted upon notification by the
department or replaced with an alternate system of determining shares and
qualifications for shares.
(9) Applications for striped bass commercial
harvesters permits will be accepted until close of business April 15. Any
application for a striped bass commercial harvesters permit received after
close of business April 15 will not be entertained by the department.
(10) It is unlawful for any person to
transfer or assign striped bass commercial permits or tags provided with such
permit to another person. It is unlawful for any person to possess striped bass
tags which were issued to another permit holder. It is unlawful for any person
to possess striped bass bearing unlawfully transferred striped bass tags issued
to another permit holder.
(11)
Commercial tags and tagging. The department will issue serialized tags to
permitted fishers. Tags will be issued in two categories, full share and
partial share holders. A full share of the tags will be issued to those fishers
who are the holders of a full share permit; and a partial share of the tags
will be issued to the holders of a partial share permit. Individual tag
allocations for all permit holders are achieved by first dividing New York's
commercial striped bass quota by all eligible permit holders. A partial share
permit holder receives 20 percent of this individual allocation. The full share
individual quota is derived by subtracting the partial share quota from the
total and dividing by the number of full share permit holders to achieve the
individual full share allocation.
(12) Tags will be issued in equal numbers to
each participant within each category described in paragraph (11) of this
subdivision.
(13) Each permittee
will be provided, in batches, a number of tags equal to their individual quota.
A permittee will be required to pay a fee per tag issued to them. The
department will advise permit holders of the fee per tag each year when
commercial tag order forms are distributed. The fee for tags must be paid in
full before the permittee receives their tag allocation for the current year.
No refunds or replacements will be made for tags which are lost, broken,
confiscated or unused.
(14) Once a
permittee's allocation of tags are used, he or she may not take striped bass
for commercial purposes.
(15) It is
unlawful to sell or offer for sale untagged striped bass or striped bass
fillets or steaks unless the tagged carcass from which such fillets or steaks
were removed is present and available for inspection. Possession of untagged
striped bass or striped bass fillets or steaks without the properly tagged
carcass in establishments where fish are sold or offered for sale (including
wholesale establishments, retail establishments and restaurants) is presumptive
evidence of intent to sell, trade or barter such striped bass.
(16) It is unlawful to reuse or alter any
striped bass tag. Any permittee losing tags must report such loss to the
department on their weekly reports.
(17) A striped bass commercial permittee who
takes and possesses a striped bass of legal commercial slot size shall
immediately attach and securely lock into place through the mouth and gill a
numbered strap tag issued by the department immediately after removing said
striped bass from their gear and prior to attending another piece of gear. All
striped bass not of legal commercial slot size shall be returned to the water
immediately without unnecessary injury. Possession of striped bass not tagged
as required by this subdivision is prohibited.
(18) It is unlawful to sell striped bass
which are not properly tagged, as described in paragraph (17) of this
subdivision. Retail markets may prepare portions of legally tagged striped bass
for the consumer and must retain the tagged carcass until all portions are
sold. The tag must then be removed from the rack and then destroyed by cutting
the tag in two.
(19) It is unlawful
for any person to possess striped bass tags or tagged striped bass in the
marine and coastal district and the shores thereof west of a line drawn due
north from the mouth of Wading River Creek and west of a line at 73 degrees 46
minutes west longitude, which is near the terminus of East Rockaway Inlet. The
closed area includes Jamaica Bay and all tributaries.
(20) Reporting requirements. Reporting
requirements.
(i) Fishing vessel trip
reports. Any person who is a holder of a striped bass commercial permit shall
complete and submit an accurate fishing vessel trip report for each commercial
fishing trip, detailing all fishing activities and all species landed, pursuant
to paragraph (c)(1) of this section. Fishing vessel trip reports shall be
completed, signed, and submitted to the department for each month; if no
fishing trips were made for striped bass during a month, a report must be
submitted for that month stating no striped bass trips were made. Permit
holders who operate or who fish from a federally permitted vessel and take
striped bass must submit the federal trip information to the department for
each trip. This trip information includes but is not limited to the permit
holder's permit number, the federal trip identification number, the number of
tags used, the amount of striped bass landed (in pounds), disposition of
striped bass, gear type, and tag serial numbers. This information must be
reported on a form approved by the department. Permit holders must submit the
last report five days after the close of the commercial striped bass season or
within five days after all striped bass tags are used. Permit holders must
submit all required information, including, but not limited to, the name of the
vessel, the permit number(s), trip type, all species taken, the striped bass
tag serial numbers used for the trip, the weight (in pounds), and number of
striped bass taken, the name and signature of the permit holder, and the date
signed. All reports must be complete. Incomplete fishing vessel trip reports or
unsigned reports will not satisfy these reporting requirements and may be
returned to the permit holder who submitted them for completion. Once
commercial striped bass permit holders have reported 100 percent use of the
individual allocation of tags, they are no longer required to submit reports
for striped bass. Permit holders who fail to submit acceptable fishing vessel
trip reports to the department may be denied future commercial striped bass
fishing permits pursuant to Part 175 of this Title.
(ii) Striped bass tags. All striped bass
commercial permit holders must return any unused tags to the department by
December 20th of the year the tags were issued. Permit holders who fail to
return unused tags may be denied future commercial striped bass fishing permits
pursuant to Part 175 of this Title. Permit holders who fail to accurately
account for all tags may receive a reduction in the number of tags allocated in
the next fishing season in which the permit holder applies for a striped bass
commercial permit. This reduction in tags will be equal to the number of tags
not accounted for in the previous fishing season.
(21) Manner of taking. Striped bass may be
taken for commercial purposes by using any of the following gear types only:
hook and line, pound net, trap net, gill net as specified in section
40.5(e) of this
Part, or as by-catch in otter trawls. Permit holders may use any of the legal
gears to catch their individual allocation of striped bass. Otter trawl
by-catch is limited to 21 striped bass per vessel per trip and shall be
separately boxed. All other types of gear are prohibited for use in taking
striped bass, including but not limited to: haul seines and spears.
(22) No person shall possess striped bass or
striped bass tags while in possession of a seine.
(23) Special permits. The department may
permit the sale of striped bass taken in another state provided that (i) the
Department of Health certifies, based on sampling and analysis provided by such
state, that such striped bass meet all standards for sale of fish in this
State, (ii) such striped bass are of a size within the New York State slot size
limit, (iii) such striped bass are tagged with serially numbered tags provided
by the state of origin, and (iv) such state authorizes sale within its borders
of striped bass taken in New York. Nothing in this section is deemed to
prohibit the lawful transportation through the state of striped bass lawfully
taken from waters outside the state to other states, provided that such fish
are in their original unopened container and written documentation of their
origin and destination accompanies such container.
(24) The department may authorize the sale of
striped bass from marine hatcheries or off bottom culture facilities permitted
pursuant to Part 48 of this Title.
(25) The department may permit the
importation and sale of striped bass hybrids or striped bass from aquaculture
facilities outside of New York State provided that the facility or jurisdiction
within which such facility is located provides for hybrid striped bass
documentation as to the origin of these fish in a manner acceptable to the
department and for striped bass said documentation as well as individual
tagging acceptable to the department.
(k)
Atlantic sturgeon commercial
fishing-special regulations.
(1) Any
Atlantic sturgeon inadvertently taken in New York must be returned to the water
immediately without unnecessary injury.
(2) It is unlawful for any person to sell,
import, traffic in or possess Atlantic sturgeon or Atlantic sturgeon products
in New York.
(3) Any person
violating any provision of these regulations may be subject to license
revocation as provided in Part 175 of this Title.
(l)
Summer flounder (fluke) commercial
fishing-special regulations.
(1) The
total annual harvest of summer flounder for the period January 1st through
December 31st, is the amount allocated annually to New York State by the
National Marine Fisheries Service (NMFS) in the United States Department of
Commerce and/or the Atlantic States Marine Fisheries Commission
(ASMFC).
(2) Following consultation
with the commercial fishing industry, the department may establish quota
periods, allocations for quota periods, trip limits, and directed fishery
thresholds for summer flounder, pursuant to subdivision (u) of this section,
consistent with the annual allocation (quota) assigned to New York such that
harvest does not exceed such quota.
(3) When the department determines, based on
a projection of any period's landings using the United States Department of
Commerce, National Marine Fisheries Service's weekly dealer reports, that trip
limits are necessary as provided in paragraph (2) of this subdivision, such
trip limits will be required and enforceable upon 72 hours written notice to
permit holders of the appropriate limit allowed per vessel for the specified
permitted gear category for that time period. Such trip limits may be further
reduced by written direction of the department if the projection of the
landings indicates a closure will be required before the end of the period. In
any month the trip limits may be increased if the projection of the landings
indicates the period's total quota will not be caught. During periods of trip
limits, all summer flounder not being held alive must be held together in a
separate container or containers readily available for inspection and may not
be mixed with other species while on board any vessel.
(4) If the department determines that the
maximum allowable harvest of summer flounder for any time period established
pursuant to paragraphs (2) and (3) of this subdivision will have been reached
before the end of that period, harvesting for commercial purposes and
possession of summer flounder shall be prohibited for all permit holders except
as permitted in paragraph (5) of this subdivision.
(5) If the department closes the summer
flounder fishery at any time between May 1st and October 31st, the harvesting
and possession of summer flounder for commercial purposes shall be prohibited
for all permit holders except for holders of fixed gear category summer
flounder permits. Fixed gear category permit holders may harvest up to a limit
of 100 pounds per trip during harvest closures that occur between May 1st and
October 31st.
(6) Except as
permitted in subdivision (e) of this section, 14 days following the beginning
of any period when all commercial harvesting is prohibited, it is unlawful to
possess summer flounder for sale, or offer summer flounder for sale, trade or
barter during the period January 1st through April 30th and November 1st
through December 31st and it is unlawful to sell or offer for sale, trade or
barter summer flounder taken by gear other than fixed gear during the period
May 1st through October 31st unless such summer flounder are separately boxed
and properly tagged pursuant to the procedure set forth in subdivision (e) of
this section.
(7) It is unlawful
for any person to take summer flounder for commercial purposes without having
in possession a summer flounder commercial permit. If the applicant for permit
is a corporation, such application must name a specific vessel and a separate
permit must be obtained for each vessel fishing owned by the corporation. Such
corporate permits must be carried on the specific vessel named in the permit
when that vessel is being used to take summer flounder for commercial purposes.
For purposes of this subdivision, a person is presumed to be taking summer
flounder for commercial purposes when that person possesses more summer
flounder than the possession limit indicated in Table A of this section. A
permit to take summer flounder will be issued at no cost to any person who
meets the following criteria:
(i) currently
possesses a valid New York State commercial food fish license and previously
held a New York State commercial food fish license during 1992 or any
subsequent year; and
(a) previously held a
summer flounder commercial permit; or
(b) has on file with the department a 1994
summer flounder commercial permit application that was received prior to close
of business on April 15, 1994; and
(c) (with respect to calendar year 1995 only)
held a 1994 New York State commercial food fish license, and for whom the
department finds that, based on advice received from the department in 1994,
with respect to future requirements for summer flounder commercial permits,
which advice subsequently proved to be affected by changes to eligibility
requirements, the applicant relied upon such advice and either failed to apply
for a permit or made an investment under the expectation that such a permit
would be issued; and
(ii) can demonstrate through Federal or New
York State tax records that 50 percent or more of his or her earned income
during any one year in the period January 1988 to December 1992 or any
subsequent year resulted from his or her direct participation in the harvest of
marine fish, shellfish, crustacea or other marine biota. For purposes of this
subdivision, earned income is defined as income derived from
labor, professional service, or entrepreneurship as opposed to income derived
from invested capital, retirement pay or pensions.
(8) Applications for a summer flounder
commercial permit will be accepted from November 15th until close of business
April 15th. Any application received after close of business April 15th will
not be entertained. Incomplete applications received before close of business
April 15th must be completed no later than close of business May 15th in order
to be issued. No permit will be issued after May 15th. Applications arriving or
remaining incomplete after that date will be returned without action.
(9) Permittees must state and affirm on the
application form designed and provided by the department their name, address,
commercial food fish license number, their intent to be permitted to use only
fixed gear (pound/trap net), only hook and line gear or for the use of all
gear. The commercial permit thereafter issued will authorize landings for that
entire calendar year from that category of gear only and it will be unlawful to
take summer flounder with gear other than that designated on the permit. Unless
at least 50 permit holders select the hook and line gear category, there will
not be a separate allocation of summer flounder reserved for those permit
holders and they will then fish under the requirements for the all gear
category.
(10) It is unlawful for
any person to land summer flounder for commercial purposes without having in
possession a summer flounder commercial permit or a summer flounder landing
permit provided by the department upon application on the form provided by the
department. If the applicant for a permit is a corporation, such application
must name a specific vessel and a separate permit must be obtained for each
vessel owned by that corporation. Such corporate permits must be carried on the
specific vessel named in the permit when that vessel is being used to land
summer flounder for commercial purposes. A landing permit will be issued at no
cost to any person who meets the following criteria:
(i) currently possesses a valid New York
State food fish landing license and previously held a New York State commercial
food fish landing license during 1992 or any subsequent year; and
(a) previously held a summer flounder
commercial permit or a summer flounder landing permit; or
(b) has on file with the department a 1994
summer flounder commercial permit application or summer flounder landing permit
application received prior to close of business on April 15, 1994;
and
(ii) can demonstrate
through Federal or New York State tax records that 50 percent or more of his or
her earned income during any one year in the period January 1988 to December
1992 or any subsequent year resulted from his or her direct participation in
the harvest of marine fish, shellfish, crustacea or other marine biota. For
purposes of this subdivision, earned income is defined as
income derived from labor, professional service, or entrepreneurship as opposed
to income derived from invested capital, retirement pay or pensions. Such
summer flounder landing permits will be issued from January 1st until close of
business April 15th each year.
(11) Permits issued under this subdivision
will be nontransferable except the department may permit a one-time reissuance
of a summer flounder commercial harvesters permit pursuant to the provisions of
Environmental Conservation Law, section 13-0328(6). Upon reissuance, the former
holder of such permit will waive eligibility for summer flounder commercial
harvesters permits and all rights and responsibilities associated with such
permit shall pass to the recipient of such reissued permit. Summer flounder
commercial permits will expire on the last day of December of each
year.
(12) Permit modification,
suspension or revocation will be pursuant to Part 175 of this Title.
(13) The possession of summer flounder for
commercial purposes from which the head or tail have been removed or that have
been otherwise cleaned, cut, filleted, or skinned so that the total length or
identity cannot be determined, and which are not in properly labeled containers
as required by subdivision (e) of this section, is prohibited unless such
summer flounder are in a wholesale or retail establishment or restaurant for
sale to the consumer.
(14) No
person may commercially harvest, sell, offer for sale, trade or barter or
possess summer flounder except in compliance with this subdivision.
(15) The department may, under mutual
agreement with another state and with the concurrence of the Regional
Administrator of the Northeast Region, National Marine Fisheries Service,
transfer summer flounder quota to that state or combine the summer flounder
quota from that state with the New York quota.
(16) Any holder of a New York commercial food
fish license who is the owner or operator of a fishing vessel not holding a
Federal Fisheries Permit for summer flounder issued by the United States
Department of Commerce must complete a daily fishing log supplied by the
Regional Administrator of the National Marine Fisheries Service, Northeast
Region. Failure to complete a log may result in a denial of a future
application for a summer flounder permit.
(17) All persons who hold a summer flounder
commercial hook and line permit shall file an accurate weekly report on all
summer flounder harvesting activities on the State copy of the fishing vessel
trip report forms as required in subdivision (c) of this section, whether or
not any summer flounder were actually taken. The State copies of the fishing
vessel trip report for a given week will be due to the department on a weekly
basis, within five days following the Saturday of each week. Failure to
complete and file an acceptable weekly report with the department may result in
a denial of a future application for a summer flounder
permit.
(m)
Bluefish commercial fishing-special regulations.
(1) The total annual harvest of bluefish may
not exceed that amount annually allocated to New York State by the National
Marine Fisheries Service (NMFS) in the United States Department of Commerce
and/or the Atlantic States Marine Fisheries Commission (ASMFC) for the period
January 1st through December 31st.
(2) Following consultation with industry, the
department may establish quota periods, trip limits and directed fishery
thresholds such that the harvest does not exceed the quota assigned to New
York.
(3) When the department
determines, based on a projection of landings using the United States
Department of Commerce, National Marine Fisheries Service's weekly dealer
reports, that trip limits are necessary as provided in Table B of subdivision
(i) of this section, such trip limits will be required and enforceable upon 72
hours written notice to license holders of the appropriate limit allowed per
vessel for that time period. Such trip limits may be further reduced by written
direction of the department if the projection of the landings indicates a
closure will be required before the end of the period. In any month the trip
limits may be increased if the projection of the landings indicates the total
quota will not be caught.
(4)
During periods of trip limits, all bluefish must be held together in a separate
container or containers readily available for inspection and may not be mixed
with other species while on board any vessel.
(5) If the department determines that the
maximum allowable harvest of bluefish will have taken place before the end of
that period, harvesting for commercial purposes and possession of bluefish will
be prohibited for all license holders as directed by the department upon 72
hours written notice to commercial food fish license holders.
(6) Fourteen days following the beginning of
any period when all commercial harvesting is prohibited, it shall be unlawful
to possess bluefish for sale, or offer bluefish for sale, trade or barter,
except as permitted in subdivision (e) of this section.
(7) It is unlawful for any person to take
bluefish for commercial purposes without having in possession a valid New York
State commercial food fish license. For purposes of this subdivision, a person
is presumed to be taking bluefish for commercial purposes when that person
possesses more bluefish than the possession limit indicated in Table A of
subdivision (f) of this section.
(8) The possession of bluefish for commercial
purposes from which the head or tail have been removed or otherwise cleaned,
cut, filleted, or skinned so that the total length or identity cannot be
determined and which are not in containers tagged as required by subdivision
(e) of this section is prohibited unless such bluefish are in a wholesale or
retail establishment or restaurant for sale to the consumer.
(9) No person may commercially harvest, sell,
offer for sale, trade or barter or possess bluefish except in compliance with
this subdivision.
(10) The use of
pair trawls, two boat trawls or paranzella nets for the taking of bluefish is
prohibited. The possession or landing of bluefish from any vessel having aboard
a pair trawl, two boat trawl or paranzella net is also prohibited.
(11) The department may, under mutual
agreement with another state and with the concurrence of the Regional
Administrator of the Northeast Region, National Marine Fisheries Service,
transfer bluefish quota to that state or combine the bluefish quota from that
state with the New York quota.
(12)
Any holder of a New York commercial food fish license who is the owner or
operator of a fishing vessel not holding a Federal fisheries permit for
bluefish issued by the United States Department of Commerce must complete a
daily fishing log supplied by the Regional Administrator of the National Marine
Fisheries Service, Northeast Region. Failure to complete a log may result in a
denial of future participation in the bluefish fishery.
(n)
Winter flounder commercial
fishing-special regulations.
(1) The
use of a gill or trammel net for the taking of winter flounder is
prohibited.
(2) Winter flounder
legally harvested from waters outside the State may be possessed on board
vessels transiting State waters, and may be landed in New York at any time.
Persons on such vessels may not fish for winter flounder in State waters or
possess winter flounder while fishing in State waters with those gear types
seasonally prohibited under Table B of this section.
(o)
Tautog commercial fishing-special
regulations.
(1) It shall be unlawful
to take or land tautog from any boat or vessel for commercial purposes in
excess of the commercial possession limit regardless of the number of
commercial license holders aboard such boat or vessel.
(2) No individual may place tautog in storage
in the waters of the marine and coastal district in excess of the recreational
possession limit unless he or she is the holder of a commercial license issued
pursuant to section 13-0335 of the Environmental Conservation Law (food fish
license).
(3) Any containers, pens
or live cars placed in the waters of the marine and coastal district to store
tautog for commercial purposes must be clearly labeled and have visible on the
top of such container, pen or live car the name and food fish license number of
the person responsible for the fish stored within such containers, pens or live
cars.
(4) No individual may possess
tautog in storage in the waters of the marine and coastal district in excess of
the commercial possession limit unless the individual submits trip reports for
all live stored tautog, as specified in subparagraph (5)(iv) of this
subdivision, to the department within twenty-four hours of landing. Individuals
must retain copies of submitted trip reports for inspection onboard their
vessel during the tagging season.
(5) Commercial Tagging Requirements.
(i) All commercially harvested tautog must be
tagged with a single-use serialized tag as specified by the department. Only
tags issued for the tautog tagging season in which the fish was harvested may
be applied to tautog. Tags must be applied to one of the tautog's gill plates
with the tag information visible on the outside of the fish. Tags must be
applied prior to any commercially harvested species from the trip being
offloaded or transferred to shore, to another vessel, to an in-water storage
unit, or to any pier, wharf, dock or similar structure.
(ii) Possession of a valid food fish license,
issued pursuant to section 13-0335 of the Environmental Conservation Law, is
required to be eligible to order tags. A tag order must be submitted and
approved by the department before any tags can be issued. The license holder
may be required to pay a fee not to exceed 35 cents per tag issued to the
license holder. Any required fee for the tags must be paid in full before tags
will be issued to the license holder. No refunds or replacements will be made
for tags which are lost, damaged, returned, confiscated, or stolen. After the
license holder's initial tag order, the license holder must account for eighty
percent of the tags the license holder has been issued during the current
tagging season before the license holder's next tag order can be approved. Tags
must be accounted for through trip reports or damaged tags returned to the
department. Failure to account for over twenty percent of the tags issued to
the license holder during the current tagging season will result in the
department denying any additional tag orders for the current tagging season. A
license holder whose tag order has been denied may submit an excessive loss
application, on a form provided by the department, for the opportunity to
receive one additional tag order during that tagging season.
(iii) The maximum number of tags that may be
issued in a single tag order is the highest historical number of tautog
reported as landed in one calendar year by the license holder during one of the
previous three calendar years immediately preceding the year of issue. For
purposes of determining the amount of reported landings, only the following
documented landings will be counted: landings submitted to the department
through state vessel trip reports, federal vessel trip reports, and landings
submitted electronically through the Atlantic Coastal Cooperative Statistics
Program. A license holder who is unable to document a history of tautog
landings in one of the three calendar years immediately preceding the year of
issue, is eligible to submit one tag order per business week for a maximum of
50 tags per tag order.
(iv) In
addition to the trip reporting requirements in subdivision
40.1(c), food fish
license holders harvesting tautog must also include the following information
in their trip reports: the tautog tag serial numbers used for the trip, the
weight of the tautog (in pounds), and the number of tautog taken. License
holders who operate federally permitted vessels and harvest tautog must
complete and submit the State copy of their fishing vessel trip report (NOAA
Form No. 88-30) to the department for each commercial tautog trip. License
holders must submit their final tautog report, along with the NY Tautog Tag
Accounting Form, by February 15 for the previous tagging season. License
holders who fail to submit complete and accurate reports to the department by
February 15 may not be eligible to receive tautog tags for the following
tagging season.
(v) It is unlawful
to reuse or alter any tautog tag. Any license holder who loses tags must report
the loss to the department on their fishing reports or through a form provided
by the department within twenty-four hours. Tautog tags are non-transferable,
and it is unlawful for any person to possess tautog tags issued to another
license holder, except as a designated agent to pick up and deliver a tag order
from the department. At no time may a designated agent be in possession of
another license holder's tags while onboard a vessel or in possession of
tautog.
(vi) All food fish license
holders who are issued tautog tags must return any unused or damaged tags to
the department by February 15 after the tagging season for which they were
issued. A license holder who fails to return unused tags may not be eligible to
receive tautog tags for the following tagging season.
(vii) It is unlawful to sell, or offer for
sale, untagged whole tautog.
It is unlawful to sell, or offer for sale, tautog fillets
or parts unless the tagged carcass from which such fillets or parts were
removed is present and available for inspection. Possession of untagged tautog,
or tautog fillets or parts without the properly tagged carcass, in
establishments where fish are sold or offered for sale (including wholesale
establishments, retail establishments, and restaurants) is presumptive evidence
of the intent to sell, trade, or barter such tautog. All New York harvested
tautog which are tagged during the tautog tagging season may be offered for
sale, trade, or barter through March 15. After March 15, tautog tagged during
the previous tautog tagging season must not be offered for sale, trade or
barter.
(viii) Tautog
legally harvested from other states, that are tagged with serially numbered
tags provided by the state of origin, may be sold or offered for sale if the
tautog meets all applicable provisions of the Environmental Conservation
Law.
(p)
American eel commercial fishing-special regulations.
(1) It shall be unlawful to use eel traps or
pots in the waters of the marine and coastal district for commercial purposes
with mesh sizes smaller than one inch by one-half inch unless such pots contain
an escape panel that is at least four inches square with a mesh size of one
inch by one-half inch located so that the panel is on a side, but not at the
bottom of the trap or pot.
(2) Any
containers, pens or live cars, placed in the waters of the marine and coastal
district to store American eels for commercial purposes must be clearly labeled
and have visible on the top of such container pen or live car the name and food
fish license number of the person responsible for the fish stored within such
containers, pens or live cars.
(q)
Weakfish commercial fishing-special
regulations.
(1) Except as provided in
paragraph (2) of this subdivision, weakfish may only be sold, traded, bartered,
offered for sale, or transported in New York during the open season, or within
two weeks following the close of the season.
(2) Persons authorized by Table B may sell
during any period where there is a closure for weakfish lawfully taken and
landed provided that the fish are in boxes closed and sealed and the boxes are
marked with a tag at least two inches wide and four inches long of substantial,
water-resistant material. Such tag must indicate clearly the state of origin,
the shippers name, location landed, and the date landed. Weakfish lawfully
taken and landed in other states may be shipped into New York for trade, or
sale during any closure, provided that they meet the tagging requirements above
and that:
(i) such weakfish meet the minimum
total length, fillet or dressed length requirement for this species;
and
(ii) such state authorizes
reciprocal privileges within its borders for weakfish taken in New
York.
(3) Nothing in this
subdivision shall prohibit the lawful transportation through the State of
weakfish lawfully taken from waters outside the State to other states, provided
that such fish are in their original unopened container and written
documentation of their origin and destination accompanies such
container.
(4) Except during the
open season, it is unlawful for any person to land or possess on the waters of
the marine district, weakfish from which the head or tail have been removed or
that have been otherwise cleaned, cut, filleted, or skinned so that the total
length or identify cannot be determined.
(5) The use of pair trawls, two boat trawls
or paranzella nets for the taking of weakfish is prohibited. The landing of
weakfish from any vessel having aboard a pair trawl, two boat trawl or
paranzella net is also prohibited.
(r)
Scup commercial fishing-special
regulations.
(1) The total annual
harvest of scup may not exceed that amount annually allocated to New York State
by the National Marine Fisheries Service (NMFS) in the U.S. Department of
Commerce and/or the Atlantic States Marine Fisheries Commission for the period
May 1st through October 31st. Harvest limits for scup are based on the fishery
management plan (FMP) for scup as adopted and approved by the Atlantic States
Marine Fisheries Commission (ASMFC) and the Regional Fishery Management Council
pursuant to the Fishery Conservation and Management Act,
16 U.S.C. section
1801,
et seq. and the
Atlantic Coastal Fisheries Cooperative Management Act,
16 U.S.C. section
5101,
et seq.
(2) Quotas, trip limits and directed fishery
thresholds for the periods of January 1st to April 30th and November 1st to
December 31st will be established by NMFS. The department will establish trip
limits and directed fishery thresholds within the periods of January 1st to
April 30th and November 1st to December 31st consistent with those established
by NMFS. Trip limits and directed fishery thresholds will be established for
the period of May 1st to October 31st such that the harvest in this period does
not exceed the quota assigned to New York by NMFS and/or the Atlantic States
Marine Fisheries Commission. The department may establish trip limits within
the period of May 1st to October 31st annually, based upon projected landings,
and the FMP, following consultation with industry and appropriate notice to
individual fishermen.
(3) When the
department determines during the period of May 1st to October 31st, based on a
projection of any period's landings using the NMFS weekly dealer reports, that
adjustment of a trip limit is necessary as provided in paragraph (2) of this
subdivision, such trip limits will be adjusted, and will be enforceable upon 72
hours written notice to license holders of the trip limit allowed per vessel
for that time period. Such trip limits may be further reduced by written
direction of the department if the projection of the landings indicates a
closure will be required before the end of the period. In the period of May 1st
to October 31st the trip limit may be increased if the projection of the
landings indicates that period's total quota will not be caught. During periods
of trip limits all scup not being held alive must be held together in a
separate container or containers readily available for inspection and may not
be mixed with other species while on board any vessel.
(4) If the department determines that the
maximum allowable harvest of scup will have taken place in the time periods of
January 1st to April 30th or November 1st to December 31st, harvesting for
commercial purposes and possession of scup will be prohibited for all license
holders during the remainder of the period. If the department determines that
the maximum allowable harvest for scup will have taken place in the time period
of May 1st to October 31st, harvesting for commercial purposes and possession
of scup will be prohibited for all license holders except for holders of a
summer flounder fixed gear permit (pound net/trap net only) as directed by the
department upon 72 hours written notice to license holders.
(5) If the department closes the period, but
unanticipated events result in the quota not being landed by the projected date
and at least one month remains in the time period, then the department may
reopen the period for a specified time and a specified trip limit up to the
maximum allowed for that period upon 72 hours written notice to permit holders.
If less than one month remains in the time period, the remaining quota
available from that period will be added to the next open period in the same
year.
(6) Fourteen days following
the beginning of any period when commercial harvesting is prohibited, it shall
be unlawful to possess scup for sale, or offer scup for sale, trade or barter
except scup taken by gear other than fixed gear during the period of May 1st to
October 31st and as provided for in subdivision (e) of this section.
(7) It is unlawful for any person to take
scup for commercial purposes without having in possession a valid New York
State commercial food fish license.
(8) The department may, under mutual
agreement with another state and with the concurrence of the Regional
Administrator of the Northeast Region, National Marine Fisheries Service or the
Atlantic States Marine Fisheries Commission, transfer scup quota to that state
or combine the scup quota from that state with the New York quota.
(s)
Black sea bass
commercial fishing-special regulations.
(1) Permits. Permits.
It is unlawful for any person to take or land black sea
bass for commercial purposes without having in possession a valid New York
State resident or non-resident commercial food fish license. For purposes of
this subdivision, a person is presumed to be taking black sea bass for
commercial purposes when that person possesses more black sea bass than the
possession limit indicated in Table A of this section.
(2) Quota harvest and trip limits. Quota
harvest and trip limits.
(i) The total annual
harvest of black sea bass may not exceed that amount annually allocated to New
York State by the National Marine Fisheries Service (NMFS) in the United States
Department of Commerce and/or the Atlantic States Marine Fisheries Commission
(ASMFC) for the period January 1st through December 31st. Annual harvest limits
for black sea bass are based on the Fishery Management Plan (FMP) for black sea
bass as adopted and approved by the Atlantic State Marine Fisheries Commission
(ASMFC) and the Regional Fishery Management Council pursuant to the Fishery
Conservation and Management Act,
16 U.S.C., section
1801,
et seq. and the
Atlantic Coastal Fisheries Cooperative Management Act,
16 U.S.C., section
5101,
et seq.
(ii) Following consultation with industry,
the department may establish quota periods, trip limits and directed fishery
thresholds such that the harvest does not exceed the quota assigned to New
York.
(iii) When the department
determines, based on a projection of landings using the United States
Department of Commerce, National Marine Fisheries Service's weekly dealer
reports, that trip limits are necessary as provided in Table B of subdivision
(i) of this section, such trip limits will be required and enforceable upon 72
hours' written notice to license holders of the appropriate limit allowed per
vessel for that time period. Such trip limits may be further reduced by written
direction of the department if the projection of the landings indicates a
closure will be required before the end of the period. In any month, the trip
limits may be increased if the projection of the landings indicates the total
quota will not be caught.
(iv) If
the department determines that the maximum allowable harvest of black sea bass
will take place before the end of that period, harvesting for commercial
purposes and possession of black sea bass will be prohibited for all license
holders as directed by the department upon 72 hours' written notice to New York
State resident and non-resident commercial food fish license holders. If the
department closes the period, but unanticipated events result in the quota not
being landed by the projected date, then the department may reopen the period
for a specified time and a specified trip limit upon 72 hours' written notice
to New York State resident and non- resident commercial food fish license
holders.
(3) Possession,
transport and sale. Possession, transport and sale.
(i) The possession of black sea bass for
commercial purposes which the head or tail have been removed or otherwise
cleaned, cut, filleted, or skinned so that the total length of identity cannot
be determined, and which are not in labeled containers as required by
subdivision (e) of this section, is prohibited unless such black sea bass are
in a wholesale or retail establishment or restaurant for sale to the
consumer.
(ii) During periods of
trip limits, all black sea bass must be held together in a separate container
or containers readily available for inspection and may not be mixed with other
species while on board any vessel.
(iii) Fourteen days following the beginning
of any period when all commercial harvesting is prohibited, it is unlawful to
possess black sea bass for sale, or offer black sea bass for sale, trade or
barter, except as permitted in subdivision (e) of this section.
(t)
Marine and
coastal district party and charter boat license requirements.
(1) Application for a marine and coastal
district party and charter boat license pursuant to Environmental Conservation
Law, section 13-0336 may be made by fully completing an application form
provided by the department for that purpose. An application shall be
accompanied by the appropriate license fee as specified in Environmental
Conservation Law, section 13-0336. A license will be issued to the applicant
subject to the following conditions:
(i) A
license may be obtained for a specific vessel only by the vessel owner, lessee
or other person having a legal right to operate the vessel as a party/charter
boat.
(ii) A license will be issued
in the name of only one person and will identify only one vessel. Licenses are
valid for use only on the vessel identified on the license and may not be
transferred to another vessel.
(iii) An applicant must provide the
following:
(a) a copy of the vessel's state
registration or United States Coast Guard documentation certificate;
(b) two passport size photographs of the
applicant (waived for corporations); and
(c) a copy of the applicant's United States
Coast Guard operator's license.
(2) Licenses must be available on the vessel
for inspection at all times. License holders must display a valid marine
district party/charter boat license decal whenever the vessel is operating as a
party/charter boat. The decal must be displayed on the port side of the vessel,
and be readily visible from the water or dock. The decal must be placed on the
wheel house window or, in the case of craft with no enclosed cabin, on the
console or windscreen. Vessels with no wheel house or console must display the
decal in plain sight on the port side of the hull.
(3) Licenses are nontransferable and expire
on December 31st of the year issued.
(u)
Authority to establish fishing
limits and closures for quota-based fisheries.
The Chief of the Bureau of Marine Resources within the
Department's Division of Fish, Wildlife and Marine Resources is authorized
to:
(1) establish, by directive, quota
periods, allocations for quota periods, directed fishery thresholds, trip
limits and weekly or biweekly limits according to the schedules required under
the applicable provisions of this Part and provide written notice to applicable
license and/or permit holders of the appropriate limits for the time
specified;
(2) prohibit the
harvesting for commercial purposes and possession of any species for which an
annual harvest quota is established pursuant to this Part, by all applicable
license/permit holders, when the determination has been made by the Bureau of
Marine Resources that the maximum allowable harvest of that species, in any
specified time period is projected to have taken place or has taken place. The
chief will provide written notice of a closure directive to appropriate permit
and license holders, the Division of Law Enforcement and the National Marine
Fisheries Service's Northeast Regional Administrator;
(3) reopen any closed period as provided in
this Part;
(4) specify, by
directive, the threshold amounts of regulated species which will trigger the
manner of taking and the gear which is required to be used pursuant to this
Part once any threshold amounts have been taken;
(5) approve the export program of another
state lawfully eligible to ship commercially taken marine fish species into New
York during any closure periods or periods when possession in New York is
restricted for a regulated species; and
(6) under mutual agreement with another state
and with the concurrence of the Regional Administrator of the Northeast Region,
National Marine Fisheries Service, or the Atlantic States Marine Fisheries
Commission, transfer quota to that State or combine the quota from that State
with the New York quota.
(v)
Spiny dogfish commercial
fishing-special regulations.
(1) It is
unlawful for any person to take spiny dogfish for commercial purposes without
having in possession a valid New York State commercial food fish
license.
(2) Harvest limits for
spiny dogfish are based upon the Fishery Management Plan (FMP) for spiny
dogfish as adopted and approved by the Regional Fishery Management Council
pursuant to the Fishery Conservation and Management Act,
16 U.S.C. section
1801,
et seq. Quotas, trip
limits, and directed fishery thresholds for the periods of May 1st through
October 31st, and November 1st to April 30th will be established by the
National Marine Fisheries Service (NMFS). The department will establish trip
limits and directed fishery thresholds within the periods consistent with those
established by NMFS. Such trip limits and thresholds will be enforceable upon
72 hours' written notice to license holders of the trip limit allowed per
vessel for that time period. During periods of trip limits all spiny dogfish
not being held alive must be held together in a separate container or
containers readily available for inspection and may not be mixed with other
species while on board any vessel.
(3) If the department determines that the
maximum allowable harvest of spiny dogfish has been taken or will be taken by a
date prior to the end of the applicable fishing period (either May 1st through
October 31st or November 1st through April 30th), then harvesting for
commercial purposes and possession of spiny dogfish shall be prohibited as
directed by the department upon 72 hours' written notice to all commercial
foodfish license holders.
(4) If
the department closes the period, but unanticipated events result in the quota
not being landed by the projected date, then the department may reopen the
period for a specified time and a specified trip limit up to the maximum
allowed for that period upon 72 hours' written notice to license
holders.
(5) Fourteen days
following the beginning of any period when commercial harvesting is prohibited,
it shall be unlawful to possess spiny dogfish, or offer spiny dogfish for sale,
trade or barter except as permitted in subdivision (e) of this
section.
(w)
American shad commercial fishing--special regulations.
(1) Any American shad inadvertently taken in
New York must be returned to the water immediately without unnecessary
injury.
(2) It is unlawful for any
person to sell, import, traffic in or possess American shad or American shad
products in New York except for fish or products from other than New York
waters that are accompanied by a bill of lading or sale denoting the state of
origin.
(3) Any person violating
any provision of these regulations may be subject to license revocation as
provided in Part 175 of this Title as well as other applicable penalties as set
forth in law.
(x)
Atlantic menhaden commercial fishing - special regulations.
(1) Permits. It is unlawful for any person to
take or land menhaden for commercial purposes without having in possession a
valid commercial food fishing license, commercial food fish landing license, a
menhaden vessel license, or marine bait permit issued by the State of New York.
For purposes of this subdivision, a person is presumed to be taking menhaden
for commercial purposes when that person possesses more than 100 menhaden, or
more than the possession limit for menhaden listed in Table A of this section,
whichever is less. A person who holds a lobster bait gill net permit may take
or land more than 100 menhaden; menhaden taken using this permit are for the
sole use of the permittee to pursue the permittee's lobster fishery and may not
be sold. A person who holds a lobster bait gill net permit must abide by the
special regulations of this subdivision.
(2) Quota harvest and trip limits. Quota
harvest and trip limits.
(i) The total annual
harvest of menhaden may not exceed that amount annually allocated to New York
State by the Atlantic States Marine Fisheries Commission (ASMFC) for the period
January 1st through December 31st. Annual harvest limits for menhaden are based
on the Fishery Management Plan (FMP) for menhaden as adopted and approved by
the ASMFC pursuant to the Atlantic Coastal Fisheries Cooperative Management
Act, 16 U.S.C., section
5101,
et seq.
(ii) Following consultation with industry,
the department may establish quota periods, trip limits and directed fishery
thresholds such that the harvest does not exceed the quota assigned to New
York.
(iii) When the department
determines, based on a projection of landings using daily fishing vessel trip
reports, that trip limits are necessary as provided in Table B of subdivision
(i) of this section, such trip limits will be required and enforceable upon 72
hours written notice to license holders referenced in paragraph (1) of this
subdivision of the appropriate limit allowed per vessel for that time period.
Such trip limits may be further reduced by written direction of the department
if the projection of the landings indicates a closure will be required before
the end of the period. In any time period, the trip limits may be increased if
the projection of the landings indicates the total quota will not be
caught.
(3) Fishery
closures. Fishery closures.
(i) If the
department determines that the maximum allowable harvest of menhaden will take
place before the end of any period, the directed harvesting of menhaden for
commercial purposes will be prohibited, except that the department may allow a
bycatch of menhaden in non-directed fisheries, not to exceed 6,000 pounds daily
per vessel trip. Directed harvest may be prohibited for all license holders, or
for users of specific gear types as directed by the department upon 72 hours
written notice to all license holders referenced in paragraph (1) of this
subdivision. If the department closes the period, but unanticipated events
result in the quota not being landed by the projected date, then the department
may reopen the period for a specified time and a specified trip limit upon 72
hours written notice to all license holders referenced in paragraph (1) of this
subdivision.
(4)
Possession, transport and sale. Possession, transport and sale.
(i) During periods of trip limits, all
menhaden must be held together in a separate container or containers readily
available for inspection and may not be mixed with other species while on board
any vessel.
(ii) During closed
periods, no possession of menhaden shall be permitted on the waters of the
marine and coastal district except as bycatch aboard vessels participating in
other fisheries.
(5)
Reporting requirements. Reporting requirements.
Any person who is the holder of a marine commercial food
fishing license, commercial food fish landing license, a menhaden vessel
license, marine bait permit, or lobster bait gill net permit issued by the
State of New York shall report all harvest of menhaden in accordance with the
requirements established in paragraph (c)(1) of this
section.
(y)
Cooperative Multi-State Possession and Landing Program.
(1) Eligibility.
(i) To be eligible to participate in the
Program, a person must have:
(a) a valid
marine commercial food fishing license issued by the department;
(b) a valid summer flounder commercial permit
if the person intends to possess and land summer flounder;
(c) a current privilege to land the
designated quota-based species in at least one cooperating state;
(d) no conviction or administrative penalty
for violations of state commercial fishing regulations or laws within any
cooperating state, or for violations of New York's commercial fishing
regulations or laws, within the past three years; and
(e) demonstrated compliance with commercial
fishing reporting requirements as provided in NYCRR 40.1(c)(1)(i) of this
title.
(ii) To be
eligible to land in New York State with a multi-state possession limit on board
the vessel, the person shall have on board the vessel official documentation
verifying their authorization to participate in the Program(s) of any
cooperating state(s) in which the license holder plans to land the remainder of
the multi-state possession limit.
(2) Applications.
(i) To be considered for admission into the
Program, a person shall complete and submit an application form, issued by the
department, to the Department's Division of Marine Resources. The application
form may require the following information:
(a) name of applicant;
(b) address;
(c) license and permit numbers for commercial
fishing licenses issued by the department, including those specific to summer
flounder if necessary, and any cooperating states as applicable;
(d) name, make, model, vessel identification
number, and home port of the commercial fishing vessel that will be used for
all fishing conducted under the auspices of the Program;
(e) federal permit number;
(f) federal operator's license;
(g) New York port(s) of landing;
(h) port of landing in any cooperating state
for which the applicant is privileged to land the quota-based species that is
the subject of the Program;
(i)
acknowledgement of all Program requirements to meet and maintain
eligibility;
(j) acknowledgement
that failure to comply with any Program requirement shall result in immediate
revocation of the privilege to participate in the Program; and
(k) any other information that the Department
determines is relevant to the applicant's eligibility to participate in the
program.
(ii) The Program
is only applicable to the quota-based species and period of time as specified
by the department as part of the application form.
(3) Substantive requirements.
(i) If an applicant is deemed eligible to
participate in the Program by the department, then the applicant shall be
considered a Program participant, as confirmed by a letter from the department.
Program participants must reapply annually to participate in the
Program.
(ii) Program participants
must strictly adhere to all applicable commercial fishing regulations,
including the multi-state possession limit, as specified in 6 NYCRR Part
40,
Marine Fish, and any applicable directives promulgated pursuant to the
department's authority.
(iii) Each
Program participant shall be granted a multi-state possession limit for the
specified quota-based species at the beginning of the period designated by the
Program.
(iv) Program participants
will be subject to the following requirements during each fishing trip to
maintain Program privileges:
(a) Program
participants may only retain their multi-state possession limit when fishing on
a permitted vessel associated with that Program participant's
authorization;
(b) Program
designated species catch intended for landing in New York and any cooperating
state(s) must be stored such that the catch intended for each state is
physically separated; catch intended for each state must be stored in separate
totes and identified with a written sign as to the intended port of
landing;
(c) all landings of the
Program designated species in New York and any cooperating states must occur
between the hours of 0600-2000; and
(d) Program participants intending to land
summer flounder in New York must call the department (contact information will
be provided in the application materials) at least two hours prior to landing,
and provide intended port and facility of landing, estimated time of landing,
total weight of summer flounder to be landed in New York, and intended ports of
landing and total weight for any summer flounder to be landed in cooperating
states.
(v) The
department may revoke, in writing, the Program privileges of any Program
participant should the department determine that such Program participant:
(a) has been issued an infraction,
misdemeanor summons, or notice of violation(s) of any state or federal
commercial fishing regulations;
(b)
did not report landings as required in NYCRR 40.1(c)(1)(i) of this
title;
(c) exceeded the multi-state
possession limit that the Program participant has been granted;
(d) violated any provision of Article 13 of
the New York Environmental Conservation Law or any Regulation of New York State
Agencies promulgated thereunder including but not limited to this title;
or
(e) has Program privileges
revoked by a cooperating state.
(vi) In the event that a Program
participant's privileges are revoked, the permitted vessel associated with that
program participant's authorization is no longer eligible to participate in the
Program.
(vii) Any Program
participant, whose Program privileges have been revoked by the department, may,
within 30 days of receipt of the revocation notice, submit a written appeal
addressed to Director, Division of Marine Resources, NYS Department of
Environmental Conservation, 205 N. Belle Mead Road, Suite 1, E. Setauket, NY
11733. Such appeal shall include a written statement addressing the grounds for
revocation, as stated by the department in the revocation notice, and
explaining why those grounds are not accurate. Should the Director determine
that the revocation of Program privileges was appropriate, the former Program
participant may not apply for admittance into the Program for a period of five
years from the date of revocation.
(z)
Illex and Longfin squid commercial
fishing - special regulations.
(1) It
is unlawful for any person to take or land 'Illex' or Longfin Squid for
commercial purposes without having in possession a valid New York State
commercial food fish license.
(2)
Quota and harvest trip limits.
(i) Following
consultation with industry and taking into consideration the current federal
trip limit, the department may establish trip limits to prevent excessive
harvest in New York State waters.
(ii) When the department determines, based on
a projection of landings, that trip limit changes are necessary, such trip
limits shall be enforceable upon 72 hours written notice to license holders
referenced in paragraph (1) of this subdivision.