Current through Register Vol. 46, No. 12, March 20, 2024
(a)
Definitions.
(1) A
lobster pot or trap is any box-like or
cage-like device that is made of any material, has an entrance or entrances
from the outside into a compartment (sometimes called the kitchen) which has a
further entrance to a second compartment (sometimes called the parlor), both
compartments being at the same level, and is capable of catching
lobsters.
(2)
Catastrophic
loss is the loss of lobster pots or traps or trap tags that exceeds
the initial additional allocation of trap tags provided for in paragraph (d)(2)
of this section for routine loss.
(3)
Fishing Vessel Trip
Report means the reporting forms prescribed by the
department.
(4)
Historical
level of pots or traps fished is the number of pots or traps that the
department determines, pursuant to the provisions of this section, were fished
by an individual lobster permit holder, during the qualifying period identified
by the department, based on data required by the department and supplied by the
permit holder.
(5)
Lobster
management area (LMA) 2 is defined as the nearshore area, including
State and Federal waters that are nearshore in Southern New England, bounded by
straight lines connecting the following points, in the alphabetical order
stated:
Point |
Latitude |
Longitude |
Point |
Latitude |
Longitude |
H |
41°40'N |
70°00'W |
N |
40°45.5'N |
71°34'W |
I |
41°15'N |
70°00'W |
O |
41°07'N |
71°43'W |
J |
41°21.5'N |
69°16'W |
P |
41°06.5'N |
71°47'W |
K |
41°10' N |
69°06.5'W |
Q |
41°11'30"N |
71°47'15"W |
L |
40°55'N |
68°54'W |
R |
41°18'30"N |
71°54'30"W |
M |
40°27.5'N |
72°14'W |
(6)
Lobster management area (LMA) 3 is defined as the area
comprised entirely of Federal waters, bounded by straight lines connecting the
following points, in the alphabetical order stated:
Point |
Latitude |
Longitude |
Point |
Latitude |
Longitude |
A |
43°58' N |
67°22'W |
U |
42°12.5' N |
72°48.5'W |
B |
43°41' N |
68°00'W |
V |
39°50' N |
73°01' W |
C |
43°12' N |
69°00' W |
X |
38°39.5' N |
73°40'W |
D |
42°49' N |
69°40' W |
Y |
38°12' N |
73°55' W |
E |
42°15.5' N |
69°40' W |
Z |
37°12' N |
74°44' W |
F |
42°10' N |
69°56' W |
ZA |
35°34' N |
74°51' W |
K |
41°10' N |
69°06.5'W |
ZB |
35°14.5'N |
75°31' W |
N |
40°45.5'N |
71°34' W |
ZC |
35°14.5'N |
71°24' W |
M |
40°27.5'N |
72°14' W |
(7)
Lobster management area (LMA) 4 is defined as the area,
including State and Federal waters that are nearshore in the northern
Mid-Atlantic, bounded by straight lines connecting the following points, in the
alphabetical order stated:
Point |
Latitude |
Longitude |
Point |
Latitude |
Longitude |
M |
40°27.5'N |
72°14' W |
P |
41°06.5' N |
71°47' W |
N |
40°45.5' N |
71°34' W |
S |
40°58' N |
72°00' W |
O |
41°07'N |
71°43' W |
T |
41°00.5'N |
72°00'W |
From point T along the New York/New Jersey coast to point
W.
Point |
Latitude |
Longitude |
W |
39°50'N |
74°09'W |
V |
39°50'N |
73°09'W |
U |
40°12.5'N |
72°48.5'W |
From point U back to point M.
(8)
Lobster management area (LMA)
6 is defined as the area, including New York and Connecticut state
waters, bounded by straight lines connecting the following points, in the
alphabetical order stated:
Point |
Latitude |
Longitude |
T |
41°00.5'N |
72°00'W |
S |
40°58'N |
72°00'W |
From point S, boundary follows the three mile limit of New
York as it curves around Montauk Point to point P.
Point |
Latitude |
Longitude |
P |
41°06.5'N |
71°47'W |
Q |
41°11'30"N |
71°47'15"W |
R |
41°18'30"N |
71°54'30"W |
From point R, along the maritime boundary between
Connecticut and Rhode Island to the coast; then west along the coast of
Connecticut to the western entrance of Long Island Sound; then east along the
New York coast of Long Island Sound back to point T.
(9)
Lobster management area (LMA)
6B means a portion of LMA 6 referred to as the "race" which is the
area south of the New York-Connecticut state line, north of 41°10' north
latitude, east of 72°10' west longitude and west of 71°54' west
longitude.
(10)
Trap
tag means a tag sold by the department or by a vendor or another state
or Federal agency recognized by the department to be used to identify legal
lobster pots or traps.
(11)
Trap tag year means the period from June 1st of a given year
through the following May 31st.
(12)
Replacement trap tags
are those tags which will be issued to a permit holder when a catastrophic loss
has occurred within a given year and will bear the same information as the
original trap tags but will be distinguished from the original tags in a manner
acceptable to the department.
(13)
Routine loss is the loss of pots or traps or trap tags equal
to the additional allocation of trap tags provided for in paragraph (d)(2) of
this section based on the historical level of pots or traps fished by an
individual lobster permit holder.
(14)
Dredge means any
rectangular or oblong frame device, with or without teeth on the bottom bar or
scrape, to which is attached a bag-like or cage-like net or device either
flexible or rigid of either metal rings or wire netting or wire cage or a
natural or manufactured fiber webbing or any combination of these materials and
which is fished by being pulled or towed or dragged along the bottom of a body
of water from a boat or vessel.
(15)
Carapace length means a
measurement from the rear end of the eye socket along a line parallel to the
center line of the body shell (carapace) to the rear end of the body shell
(carapace).
(16)
Land or landed means the bringing of crabs
and lobsters to any shore or the transfer of the catch of crabs and lobsters
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 crabs and lobsters 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 crabs and lobsters shall be deemed as landed.
(17)
Designated navigation
channels means the Long Island Intracoastal Waterway and natural or
dredged paths through otherwise shoal waters that are used for entering or
leaving ports and harbors, the boundaries of which are market by maintained
aides to navigation. Designated navigation channels does not include the main
west/east shipping fairway through the center of Long Island Sound.
(18)
V-notched lobster is
defined as any female lobster that bears a notch or indentation in the base of
the flipper that is at least as deep as 1/8 inch, with or without setal hairs.
V-notched lobster also means any female lobster which is
mutilated in a manner which could hide, obscure, or obliterate such a
mark.
(b)
Identification of gear used in taking of lobsters.
Gear used in taking lobsters must be identified as
follows:
(1) All lobster pots or
traps, while in operation, must have attached to them a floating buoy or
identification marker which must be constructed and placed as to be clearly
visible on the surface of the water. Plastic containers, bottles or jugs
originally designed to contain liquids must not be used as buoys or markers to
identify the location of lobster pots or traps.
(2) Each buoy or marker attached to a lobster
pot or trap must be of a distinctive color. The number, including any letters,
assigned the holder of a lobster permit for the current year at the time he or
she obtains a lobster permit must be painted or otherwise affixed on each buoy
or marker in a contrasting color, or branded on each buoy or marker, in clearly
visible characters not less than two inches in height. The same color or
combination of colors must be used on all buoys or markers bearing the same
permit number.
(3) The same number
appearing on a buoy or marker shall also be marked or branded, in characters
not less than three-fourths inch in height, on all pots or traps identified by
that buoy or marker. If the construction of a pot or trap does not allow it to
be marked by branding, that pot or trap shall be marked by a tag or other
device bearing, in clearly visible and legible characters, the same number
appearing on a buoy or marker used to identify that pot or trap. This tag or
other device shall be of a material that is not deteriorated by sea water and
shall be firmly attached to the pot or trap it identifies. A valid trap tag is
an acceptable identifying marker as long as it contains the fisherman's New
York State commercial lobster harvester's permit number.
(4) Lobster pots shall not be placed within
25 feet of designated navigation channels, and all floating buoys or
identification markers and lines attached to such pots shall remain outside
designated navigation channels at all times.
(5) Violations of any provision of this
subdivision shall subject the violator to the penalties fixed by the
Environmental Conservation Law and may result in the suspension or revocation
of any lobster permit.
(c)
Construction of escape vents and
panels in lobster pots or traps.
(1)
Effective June 1, 2010, all lobster pots or traps in use shall contain in the
parlor section (that part of a pot or trap farthest from the entrance or
entrances which holds the lobsters until they are removed by the permit holder)
either one or more unobstructed rectangular openings not less than five and
three quarter inches by not less than two inches or two or more unobstructed
circular openings not less than two and five-eights inches in diameter each.
These openings, called escape vents, shall be placed so that they are on a
side, but not at the bottom or top, of the parlor section of the pot or
trap.
(2) In addition to the
requirements set forth in paragraph (1) of this subdivision, lobster pots or
traps made of any material other than untreated natural wood shall contain on a
side, but not the bottom, of the parlor section an escape panel, which when
open, will provide an unobstructed opening of not less than three and
three-fourths inches by three and three-fourths inches in length and height.
The panel may incorporate escape vents having the dimensions described in
paragraph (1) of this subdivision. If this panel is constructed of wood, it
shall be untreated natural wood not more than three-eighths of an inch thick.
If the panel is constructed of any material other than untreated natural wood,
it shall be hinged to open. Effective July 19, 2006, the panel shall be hinged
in such a manner that upon degradation of the material keeping the panel
closed, the panel is released to produce an opening which is not blocked or
otherwise obstructed by the panel material. Hinged panels shall be held in the
closed position with either untreated, uncoated ferrous wire not more than
three thirty-seconds of an inch in diameter or an untreated natural fiber such
as cotton, sisal, hemp or manila not more than three-sixteenths of an inch in
diameter. If the pot or trap is constructed of nylon, polypropylene, or any
other synthetic fiber mesh netting placed over the frame, the escape panel may
be made by having a section of the mesh netting on the outside of the parlor
section comprised of an untreated natural fiber which when rotted out or
deteriorated will leave an opening of at least the size specified for an escape
panel in this subdivision.
(3) The
sizes specified for escape vents and panels in paragraphs (1) and (2) of this
subdivision are minimum sizes and no penalty will be assessed if a person uses
a lobster pot or trap with larger escape vents or panels.
(d)
Lobster trap tags.
(1) Effective June 1, 2000, all lobster pots
or traps in use or on board any vessel must be marked by a color-coded trap tag
issued by the Department of Environmental Conservation or by a vendor or
another state or Federal agency recognized by the department for this purpose.
Such tag must be firmly attached to the pot or trap and must indicate, for
commercial permit holders, the state issuing the tag, the lobster management
area for which the tag is valid, the year issued, and the permit number of the
individual issued the New York lobster permit applicable to that pot or trap.
For noncommercial permit holders, the tag shall indicate the state issuing the
tag, the year issued, and a recreational designation. New tags will be issued
annually and must be affixed to each pot or trap in use not later than June 1st
of each calendar year.
(2) Lobster
management area qualifying criteria.
Lobster trap tag applicants shall identify in their annual
lobster license application all lobster management areas, as established by the
Atlantic States Marine Fisheries Commission, in which they intend to set their
pots or traps. The department shall issue trap tags to New York lobster permit
holders who intend to fish in lobster management areas 2, 3, 4 and/or 6 only.
In addition, the following restrictions shall apply:
(i) Applicants for LMAs 2, 3 and 4 shall be
allocated trap tags in accordance with criteria established by the Atlantic
States Marine Fisheries Commission and applicable Federal
regulations.
(ii) Applicants for
LMA 6 shall present proof to the department, in accordance with this section,
of their participation in the lobster fishery in area 6 between January 1, 1995
and June 8, 1998 to qualify for the historical trap tag allocation. Initial
trap tag allocation shall be based on the historical level of the maximum
number of pots or traps fished during the period January 1, 1995 through June
8, 1998.
(iii) Applicants for more
than one LMA shall abide by the trap tag allocation for the LMA with most
restrictive trap tag limit of those identified on the lobster license
application.
(iv) Applicants for
lobster trap tags shall stipulate in their application that they have not
applied for nor received trap tags from any other lobster trap tag issuing
jurisdiction.
(3) In the
years following the initial allocation, trap tags will be issued to a permit
holder in an amount requested up to the initial years allocation. However, the
number of trap tags allocated to a permittee shall be permanently reduced by
the number of such trap tags initially allocated to the permittee which was
sold to the New York State Empire State Development Corporation and which the
Empire State Development Corporation has certified to the department.
(i) There shall be an additional 10 percent
routine loss allowance added to this amount to provide for lost or damaged gear
during the trap tag year.
(ii) For
license holders identifying LMA 6B as their primary fishing area, an additional
15 percent routine loss allowance will be granted upon request. This additional
allocation shall be solely for the use in LMA 6B and shall be so
indicated.
(iii) If the routine
loss allowance is completely used without a catastrophic loss having occurred,
a permit holder may obtain a replacement number of tags equal to the number of
unusable tags turned in to the department.
(iv) Tags turned in for such replacement will
be reissued with the same identifying information as on those tags being
replaced.
(4) The
historical level of pots or traps fished for the initial allocation will be
determined by the department based on the following:
(i) a Federal fishing vessel trip report form
for the qualifying period, if available; and
(ii) a signed affidavit form, supplied by the
department, from the permit holder attesting to the number of pots or traps and
areas fished during any one year of the qualifying periods but no more than:
(a) the number of pots or traps indicated on
the 1998 lobster permit application form; or
(b) the greater number of pots which can be
verified during the qualifying period by:
(1)
a license application form for an earlier year in the qualifying period;
and/or
(2) if requested by the
department, receipts or canceled checks for the sale of lobsters, the purchase
of bait for lobster pots or traps, and the purchase of actual pots or traps,
and forms for income tax and observer trips made for lobster on an applicants
vessel, which provide verification for the number of pots or traps being
claimed in the affidavit; or
(3) an
allocation by the department of 50 pots provided that the permit holder
reported landing lobsters during the qualifying period.
(5) The historical
level of pots or traps fished, as determined by the department, may be appealed
by any person on the basis of verifiable information supplied by the appellant.
The department may publish a notice providing a 30 day public comment period on
both the lobster trap allocations requested by the commercial lobster permit
holders, and the department's initial determinations.
(6) The department or an agent authorized by
the department will issue the trap tags to an individual lobster permit holder
based on the department's determination of historical participation for
commercial lobster permit holders pursuant to paragraph (4) or (5) of this
subdivision and on application for up to five tags by a non-commercial lobster
permit holder. The fee for such trap tags will be established annually by the
department and shall be paid in full before the permittee receives their tag
allocation for the current year.
(7) Annual trap tags will be issued from
January 1st to May 31st of each year and must be firmly attached to any lobster
pot or trap in use by June 1st. Tags issued under this section will be
nontransferable and must be permanently attached to the lobster pot or trap
frame, clearly visible for inspection.
(8) If there is a catastrophic loss of trap
tags due to unexpected conditions in the fishery during a year, a permit holder
will, upon application to the department, be issued a new allotment of trap
tags for the remainder of that year which will be distinguished from the
original tags (
i.e., color).
(i) Replacement trap tags must be placed on
all pots or traps within 10 days after issuance.
(ii) Original tags will not be valid after a
period of 10 days following issuance of replacement tags.
(iii) Should there be extensive, area wide
catastrophic losses or should replacement tags not be immediately available,
the department may issue an exemption notice suspending trap tag requirements
for appropriate permit holders for a period not to exceed two months.
(9) In the event that a lobster
license is reissued to an immediate family member pursuant to section 13-0328
of the Environmental Conservation Law, the new license holder
(i.e., transferee) shall be eligible to receive the trap tag
allocation of the former license holder (i.e., transferor).
This trap tag allocation shall only be used in the approved lobster management
area (LMA) of the former license holder.
(10) The Director, Bureau of Marine Resources
of the Division of Fish, Wildlife and Marine Resources is authorized to
implement and administer the policies and procedures set forth in this section,
on behalf of the department, which are necessary for the issuance of lobster
trap tags pursuant to Environmental Conservation Law section
13-0329.
(e)
Temporary emergency authorization to tend gear.
(1) In the event that a lobster license
holder experiences a temporary medical emergency which renders the license
holder incapable of operating an endorsed vessel or conducting fishing
operations on a non-endorsed vessel, the license holder may apply to the
department in writing for permission to authorize another lobster license
holder to tend the applicant's lobster gear. If the department approves such
application, the department shall issue a letter of authorization which shall
be carried by the party authorized to tend the applicant's gear at all time
while conducting activities authorized by such letter.
(i) A temporary medical emergency shall only
be approved for 30 days, and may be extended in 30-day increments. No more than
12 such 30-day extensions shall be granted for a specific temporary medical
emergency.
(ii) A doctor's
evaluation shall accompany each request for authorization under this section
and each 30-day extension thereof. The medical evaluation shall be specific as
to why the disability is temporary and why the licensee can not perform the
functions needed to comply with the law without the requested relief. If the
medical evaluation calls for additional evaluation or treatment, the licensee
shall provide evidence to the department that the licensee made good faith
efforts to pursue such further evaluation or treatment during the 30-day
period, in order to qualify for an extension pursuant to this
subdivision.
(iii) The Director,
Bureau of Marine Resources, is authorized to grant approvals and authorizations
pursuant to this subdivision.
(f)
Lobster size limits.
(1) After January 1, 2004, no person shall
possess or land any lobster with a carapace less than three and three-eighths
inches in length while or in the New York State waters of LMA 4.
(2) No person shall possess or land, in New
York State waters of LMA 4, any lobster with a carapace which exceeds five and
one-quarter inches in length.
(3)
All applicants for a New York State commercial lobster permit or New York State
lobster landing license shall designate which of the lobster management areas
they choose to fish in for the time period in which the permit is valid.
Designated LMAs cannot be changed until the following permit year. Applicants
will only be allowed to designate LMAs that they are qualified to fish in
according to the criteria specified in paragraph (d)(2) of this section.
Permittees who designate more than one LMA in their application shall abide by
the lobster size and possession limits of the most restrictive of the
designated LMAs, regardless of where they are fishing. Any person who possesses
more than one commercial lobster permit shall abide by the lobster size and
possession limits of the most restrictive of the LMAs designated on all of
their permits, regardless of where they are fishing. Any permittee who fails to
designate an LMA on their application shall abide by the most restrictive of
the LMA 1, 2, 3, 4, 5, 6, and OCC lobster size and possession limits. The
department shall provide license holders written notice of the current lobster
size and possession limits of LMA 1, 2, 3, 4, 5 and 6 annually.
(g)
Mandatory
v-notching.
(1) Permittees who
designate more than one LMA in their lobster permit application shall abide by
the V-notching rules of the most restrictive of the designated LMAs, regardless
of where they are fishing. Any person who possesses more than one commercial
lobster permit shall abide by the V-notching rules of the most restrictive of
the LMAs designated on all of their permits, regardless of where they are
fishing. Any permittee who fails to designate an LMA on their application shall
abide by the most restrictive of the LMAs 1, 2, 3, 4, 5, 6, and Outer Cape Cod
(OCC) V-notching rules. The department shall provide license holders written
notice of the current V-notching rules of LMAs 1, 2, 3, 4, 5, 6 and OCC
annually.
(2) The landing or
possession of any V-notched female lobster is prohibited. This prohibition
applies to all persons other than a final purchaser or consumer.
(h)
Season closure.
(1) The harvest and landing of lobsters from
LMA 4 is prohibited from April 30th through May 31st.
(2) During the April 30th through May 31st
closure, lobster permit holders who use lobster traps or pots may set un-baited
lobster traps or pots one week prior to the end of the closed season. No
lobster trap or pot may be in the water from April 30th to May 24th, unless the
lobster permit holder also holds appropriate license(s) to harvest other
species from his or her traps or pots.
(3) These regulations apply to both
commercial and recreational lobstermen.