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Part 40 Marine Fish - Party and Charter Boats - Express Terms

Express Terms

6 NYCRR Paragraph 40.1(g) (1) is amended to read as follows:

(1) Except as provided in [subparagraph (4) (v)] 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.

Paragraphs 40.1(g) (4) and (5) are adopted to read as follows:

(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.