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Part 44, 50- Crabs and Whelk - Express Terms

Express Terms

6 NYCRR 44.2 (a) (3) is amended to read as follows:

(3) 'Terrapin Excluder Device' means a rectangular [metal] device not larger than (in either dimension) [6] four and three-quarters inches wide by [2] one and three-quarters inches high attached to the end of the entrance funnel of a crab trap.

Paragraph 6 NYCRR 44.2 (d) (1) is repealed.

New paragraph 6 NYCRR 44.2 (d) (1) is adopted to read as follows:

(1) A terrapin excluder device, as defined in paragraph 44.2 (a) (3) of this section, must be used on all non-collapsible, Chesapeake-style crab-pots or traps that are fished in the areas detailed below:

(i) within the bays, harbors, coves, rivers, tributaries and creeks that enter into Long Island Sound;

(ii) within the harbors, coves, ponds, rivers and creeks that enter into Flanders Bay, Great Peconic Bay, Cutchogue Harbor, Little Peconic Bay, Hog Neck Bay, Noyack Bay, Southold Bay, Shelter Island Sound, Pipes Cove, Greenport Harbor, Orient Harbor, Hallock Bay, Northwest Harbor, Gardiners Bay, Napeague Bay and Fort Pond Bay;

(iii) within the rivers, tributaries, creeks, and basins that enter into Jamaica Bay, Hempstead Bay, South Oyster Bay, Great South Bay, Moriches Bay and Shinnecock Bay on the south shore of Long Island;

(iv) within the creeks and tributaries that enter into Raritan Bay, Arthur Kill, and Kill Van Kull surrounding Staten Island; and

(v) within the tributaries and creeks of the Hudson River that lie within the marine and coastal district, as defined in Environmental Conservation Law 13-0103, including the waterways within Piermont marsh.

6 NYCRR 44.2 (d) (2) and (3) are amended to read as follows:

(2) The terrapin excluder device, as defined in paragraph 44.2 (a)(3) of this section, shall be securely fastened inside each funnel to effectively reduce the size of the funnel opening to no larger than [six] four and three-quarters inches wide and [two] one and three-quarters inches high.

(3) If the department determines that mortality of diamondback terrapin ("Malaclemys terrapin") in blue crab pots is causing a decline in the terrapin population of a given water body or area that is not listed in paragraph (d)(1) of this Section, the department may by order mandate use of terrapin excluder devices in such areas. The Director, [Bureau] Division of Marine Resources, is authorized to ssue orders to designate areas in which terrapin excluders are required pursuant to this section.

Paragraph 6 NYCRR 44.3 (a) (4) is amended to read as follows:

(4) 'Harvest limit' means the maximum number of horseshoe crabs that can be [harvested and/or landed by vessel is not used in the harvest of horseshoe crabs, the harvest limit means the maximum number of horseshoe crabs that can be harvested and possessed per licensed individual, during a period of time, not less than 24 hours, in which fishing is conducted. Harvesters may not at any time possess live horseshoe crabs aboard their vessel in excess of the number permitted under the harvest limit.] taken or possessed by a permit holder in a 24 hour period. No more than two harvest limits may be possessed aboard a vessel or in a vehicle, provided that at least two permit holders are on board the vessel or in the vehicle.

6 NYCRR Section 50.1 is renumbered to subdivision 50.19(b).

Section 50.1 is amended to read as follows:

50.1 Marine Gastropods

(a) Definitions

(1) 'Carnivorous marine gastropods' shall mean marine snails; including channeled whelk ('Busycotypus canaliculatus'), knobbed whelk ('Busycon carica'), and moon snails (Naticidae family); that prey on other animals.

(2) 'Whelk' shall mean channeled whelk and knobbed whelk.

(b) When the commissioner, or the commissioner's designee authorized to designate shellfish lands as uncertified, determines that carnivorous gastropods may be hazardous for use as food for human consumption, due to the presence of marine biotoxins, he shall take such action as he deems necessary to protect the public health and welfare. The commissioner, or the commissioner's designee authorized to designate shellfish lands as uncertified, may prohibit activities such as, but limited to, the taking, possessing, processing, packing, transporting, offering or exposing for sale carnivorous gastropods from areas that are designated as uncertified for the harvest of shellfish pursuant to section 47.4 of this Title due to the presence of marine biotoxins in shellfish. The commissioner may advise the general public, the industry and public health officials that carnivorous gastropods may be hazardous for use as food.

A new Section 50.2 is adopted to read as follows:

50.2 Reporting Requirements.

(a) Commercial whelk license holders.

(1) Any person who is the holder of a commercial whelk license issued pursuant to section 13-0330 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 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 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 for that month stating no trips were made. 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 NOA Fisheries Service must instead meet 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.

(2) 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.

(b) License holders subject to the provisions of this subdivision shall present their Fishing Vessel Trip Reports and make them available for inspection upon the requiest of an authorized agent of the department or NOAA Fisheries Service. Reports shall be submitted to the department at the following address: NYSDEC 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. (c) In fulfillment of these reporting requirements, license holders subject to the provisions of this subdivision may choose to submit fishing trip data online at the Atlantic Coastal Cooperative Statistics Program website, www.accsp.org. Complete and accurate fishing trip 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, species and weight of the 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.

(d) Failure to file Fishing Vessel Trip 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 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 Chapter.