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Part 50 Whelk - Express Terms

Express Terms

6 NYCRR Part 50, "Miscellaneous Marine Species," is amended to read as follows:

Existing paragraph 50.1(a)(1) is amended to read as follows:

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

Existing paragraph 50.1(a)(2) is amended to read as follows:

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

A new paragraph 50.1(a)(3) is added to read as follows:

(3) 'Bait bag' means a mesh bag that is designed for the purposes of containing the bait within a whelk pot or trap.

A new paragraph 50.1(a)(4) is added to read as follows:

(4) 'Designated navigation channel' 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 aids to navigation. Designated navigation channel does not include the main west/east shipping fairway through the center of Long Island Sound.

A new paragraph 50.1(a)(5) is added to read as follows:

(5) 'Land or landed' means the bringing of whelk to shore or the transfer of the catch of whelk 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 whelk 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 whelk shall be deemed as landed.

A new paragraph 50.1(a)(6) is added to read as follows:

(6) 'Shell length (SL)' means the longest length of a whelk shell from the spire apex to the edge of the siphonal canal.

A new paragraph 50.1(a)(7) is added to read as follows:

(7) 'Shell width (SW)' means the maximum straight-line distance of a whelk shell measured across the shell perpendicular to shells length (coiling) axis.

A new paragraph 50.1(a)(8) is added to read as follows:

(8) 'Sinking line' means a negatively buoyant line which will sink to the bottom of the water column if not supported by a buoy.

A new paragraph 50.1(a)(9) is added to read as follows:

(9) 'Whelk pot or trap' means any box-like device, made of any material, with an opening on its top side that is capable of catching whelk.

A new subdivision 50.1(c) is added to read as follows:

(c) Gear requirements and restrictions.

  1. Whelk pots or traps shall not exceed a volume larger than 22,950 cubic inches.
  2. Whelk shall not be taken by whelk pot, trap or similar device from one hour after sunset to one hour before sunrise.
  3. Gear used in taking whelks must be identified as follows:

(i) Whelk pots or traps which are marked on the surface of the water, must have attached to them a floating buoy or identification marker using sinking line for the upper seventy-five percent of the line directly attached to the buoy. Braided steel cable must not be used as sinking line. The floating buoy or identification marker must be clearly visible on the surface of the water. The floating buoy or identification marker must not be made from containers, bottles or jugs originally designed to contain liquids.

(ii) Each buoy or marker attached to a whelk pot or trap must be of a distinctive color visible in daylight for a minimum distance of 100 feet. Each buoy or marker must be painted or otherwise affixed with the assigned whelk permit holder's number, including any letters, in clearly visible letters in a contrasting color or branded in clearly visible characters. The same color or combination of colors must be used on all buoys or markers bearing the same permit number.

(iii) All whelk pot or trap buoys must be marked with fluorescent or reflective paint, tape, or other reflective material or reflectors.

(iv) All whelk pots or traps must be marked or branded, in clearly visible and legible characters not less than three-fourths inch in height, with the assigned whelk permit holder's number, including any letters. If the construction of a pot or trap does not allow it to be marked by branding, that pot or trap must be marked by a tag or other device bearing, in clearly visible and legible characters, the assigned whelk permit holder's number, including any letters, for the current year. The tag or other device must be of a material that is not deteriorated by sea water and remain firmly attached to the pot or trap it identifies.

A new paragraph 50.1(c)(4) is added to read as follows:

(4) Except as provided for in subparagraphs 50.1(c)(4)(i) and 50.1(c)(4)(ii) of this paragraph, whelk pots or traps 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, except that:

(i) Whelk pots or traps which are directly attached to the shoreline or a bulkhead may be placed within 25 feet of a designated navigation channel provided that neither the pot nor any attached lines or markers are within such channel; and

(ii) Whelk pots or traps that are affixed to a vessel with at least one person aboard may be placed within 25 feet of a designated navigation channel.

A new subdivision 50.1(d) is added to read as follows:

(d) Whelk pots or traps must contain a bait bag. All bait used in whelk pots, trap or similar devices must be wholly contained within the bait bag.

A new subdivision 50.1(e) is added to read as follows:

(e) Size limits.

  1. Except as provided in paragraph (2) of this subdivision, only whelk measuring not less than 5 and one half inches in length or 3 inches in width shall be taken.
  2. Whelk measuring less than five and one half inches in length or 3 inches in width shall not comprise by number more than three percent of any bushel, package, or any other container of whelk.

A new subdivision 50.1(f) is added to read as follows:

(f) All whelk must be landed whole in the shell.

A new subdivision 50.1(g) is added to read as follows:

(g) Violations of any provision of this Part shall subject the violator to the penalties fixed by the Environmental Conservation Law and may result in the suspension or revocation of any whelk permit.

Existing subdivisions 50.2(b) through 50.2(e) are renumbered subdivisions 50.2(c) through 50.2(f).

A new subdivision 50.2(b) is added to read as follows:

(b) Food fish and crustacea dealers and shippers license holders. Any person who is the holder of a marine and coastal district food fish and crustacea dealers and shippers license issued pursuant to section 13-0334 of the Environmental Conservation Law must:

(1) Complete and sign an accurate Purchases from Fishing Vessels and/or Fishermen Report detailing each purchase of marine food fish, crustacea, horseshoe crabs, and whelks from harvesters, on a form prescribed by the department. The license holder must submit these reports to the department within three days after the end of each week, or at a frequency specified by the department in writing. A Purchases from Fishing Vessels and/or Fishermen Report must be completed, signed and submitted to the department each week; if no purchases of food fish, crustacean, horseshoe crabs or whelk were made during that week, a report must be submitted stating no purchases were made for the week. Incomplete Purchases from Fishing Vessels and/or Fishermen Reports or unsigned reports will not satisfy these reporting requirements. Any New York State license holder who is also the holder of a Federal dealers permit issued by NOAA Fisheries Service must instead satisfy the reporting requirements specified by NOAA Fisheries Service.

(2) Submit complete and accurate Purchases from Fishing Vessels and/or Fishermen Reports to the Atlantic Coastal Cooperative Statistics Program (ACCSP) through its website at www.accsp.org. Any New York State license holder who is also the holder of a Federal dealers permit issued by NOAA Fisheries Service must instead meet the reporting requirements specified by NOAA Fisheries Service.