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Part 40 Marine Fish - Multi-State Possession Limit - Express Terms

Express Terms

A new paragraph 40.1(a)(7) is added to read as follows:

(7) "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.

A new paragraph 40.1(a)(8) is added to read as follows:

(8) "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.

A new paragraph 40.1(a)(9) is added to read as follows:

(9) "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.

A new subdivision 40.1(y) is added to read as follows:

(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.