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Part 43, Section 13-0309 - Atlantic Ocean Surfclam Management - Express Terms

Express Terms

Part 43 of 6 NYCRR is amended to read as follows:

Subdivision 43-2.6(b) is amended to read as follows:

(b) [Effective January 1, 2010, an] An individual fishing quota system (IFQ) [shall be] has been established which will allocate to each eligible vessel an annual individual fishing quota. The individual fishing quota shall be determined annually based on the annual harvest limit referenced in subdivision (a) of this section divided equally by the number of eligible vessels authorized to participate in the Atlantic Ocean surfclam fishery. The IFQ assigned to an eligible vessel shall be nontransferable and each vessel can only be used to catch one quota allocation. No eligible vessel shall take or attempt to take more than one quota allocation of surfclams on any surfclam/ocean quahog Atlantic Ocean permit or take more than the cumulative equivalent of one quota allocation if identified as the eligible vessel on one or more surfclam/ocean quahog Atlantic Ocean permits when authorized pursuant to section 43-3.5 of Subpart 43-3, during any calendar year.

Subdivision 43-2.8(c) is amended to read as follows:

(c) [Effective January 1, 2010, all] All surfclam cages or individual standard bushel containers, or portions thereof, must be tagged with a cage tag prior to offloading from the vessel except as authorized by the department. Such tag must be firmly attached on or near the upper crossbar of the cage or affixed to an industry standard bushel container. A cage tag is required for every 60 cubic feet of cage volume of a standard cage, or portion thereof, or each container holding an industry standard bushel or portion thereof. Each cage tag shall indicate the state issuing the tag, the year issued, the Federal documentation number or State registration number of the vessel assigned the individual fishing quota (IFQ), and the serialized number assigned to that tag in ascending order. Cage tags shall be affixed to standard cages or containers holding industry standard bushels or portions thereof in ascending order of the serial numbers assigned to the vessel.

Subdivision 43-2.8(e) is amended to read as follows:

(e) It is unlawful to reuse, alter, sell, offer for sale or transfer any cage tag issued under this section. Once a [vessel owner's] vessel's allocation or cumulative equivalent of one IFQ allocation of cage tags is used, that vessel may no longer take surfclams by mechanical means from the New York State certified waters of the Atlantic Ocean. No vessel shall take or attempt to take more than one quota allocation of surfclams on any surfclam/ocean quahog Atlantic Ocean permit or take more than the cumulative equivalent of one quota allocation if identified as the eligible vessel on one or more surfclam/ocean quahog Atlantic Ocean permits when authorized pursuant to section 43-3.5 of Subpart 43-3, during any calendar year.

Subdivision 43-2.8(h) is amended to read as follows:

(h) It is unlawful to land, offer for sale or sell surfclams taken by mechanical means from New York State certified waters of the Atlantic Ocean in a standard cage or industry standard bushel container which are not properly tagged as described in this section unless authorized by the department. A cage tag or tags must not be removed from any standard cage or industry standard bushel container until the cage or standard bushel container is emptied by the processor, at which time the processor must promptly remove and retain the tag(s) for 60 days beyond the end of the calendar year, unless otherwise directed by the department or state or Federal law enforcement agents.

Existing subdivision 43-2.8(i) is renumbered 43-2.8(k) and remains unchanged.

New subdivisions 43-2.8(i) and 43-2.8(j) are adopted to read as follows:

(i) A vessel owner may apply for a temporary exemption from the cage tagging requirements of this section by submitting a written request to the department. The vessel owner must possess a valid surfclam/ocean quahog Atlantic Ocean permit and provide a copy of the cage tag order form that has been submitted to the department or department's approved vendor for the current calendar year. Any vessel taking surfclams under this temporary cage tagging exemption shall keep a copy of the department's written exemption onboard the vessel at all times and made immediately available to a department representative or an enforcement officer upon request.

(j) The captain/operator or owner/lessee of a vessel that has received a temporary exemption to harvest without cage tags shall notify the department prior to commencement of any and all surfclam harvest conducted under an IFQ assigned to an eligible vessel in the Atlantic Ocean surfclam fishery. Such notification must include the following information: identification of the name of the vessel to be fishing, name of captain/operator, date and time harvest will commence, expected time harvest will end, approximate location of fishing area to the nearest landmark or inlet, and identification of dockage and landing location(s). The notification must be made by email, fax or telephone prior to commencement of all surfclam harvesting activities conducted on a daily basis. The captain/operator or owner/lessee must complete and submit a surfclam vessel harvest report immediately following each surfclam harvest trip conducted without cage tags on a daily basis. All surfclam vessel harvest reports must be submitted to the department on the same day as harvest is conducted, on a form provided by the department. The permit holder shall notify the department in writing upon their receipt of cage tags from the authorized cage tag vendor and submit a written request for termination of the temporary cage tagging exemption. The permittee shall be required to surrender cage tags as directed by the department to account for the harvest conducted under the temporary cage tagging exemption based on the quantities of surfclams harvested and reported on the surfclam vessel harvest reports.

Existing subdivision 43-3.3(e) is renumbered 43-3.3(f) and remains unchanged.

New subdivision 43-3.3(e) is adopted to read as follows:

(e) 'Individual fishing quota' means the annual allocation of surfclam quota that is assigned to each eligible surfclam vessel based on the annual harvest limit divided equally by the number of eligible vessels authorized to participate in the Atlantic Ocean surfclam fishery.

New subdivision 43-3.5(d) is adopted to read as follows:

(d) No vessel in the Atlantic Ocean surfclam fishery which has been subject to and identified in the sale, transfer or replacement of an eligible vessel by the vessel owner or lessee under this section shall take more than one individual fishing quota (IFQ) or take more than the cumulative equivalent of one IFQ in any calendar year when identified on one or more Atlantic Ocean surfclam owner/lessee permit(s).