§ 13-0329 — Lobsters; permit to take; prohibited acts

§ 13-0329. Lobsters; permit to take; prohibited acts.\n 1. Any person domiciled within the state may take and land lobsters\n(Homarus americanus) from the waters of the state or land lobsters in\nthe state taken elsewhere upon first obtaining a permit from the\ndepartment. There shall be two classes of permits: a non-commercial\npermit, the fee for which shall be ten dollars, and a commercial permit,\nthe fee for which shall be one hundred fifty dollars. A non-commercial\npermit shall allow the holder to set no more than five lobster pots and\nto take or land in any one day no more than six legal lobsters by this\nor any other legal method for the holder's own or family use. Holders of\nnon-commercial permits shall not sell, offer for sale, trade or barter,\nor otherwise traffic in lobsters so taken. A commercial permit shall\nallow the holder to set any number of pots and use any other legal\nmethod for taking lobsters with no restriction on the number of legal\nlobsters that may be taken, landed or possessed except that on the\nwaters of Long Island Sound and its adjoining bays, harbors and\nestuaries (herein defined as all waters of the state north of the\nnorthern shore lines of Long Island, Plum Island, Little Gull Island,\nGreat Gull Island and Fishers Island and all the waters of the state\nnorth of the waters that separate those islands from each other) a\nperson holding a commercial permit who is a person operating or owning\nor on board a dragger or any vessel used to operate any net defined as a\ntrawl in section 13-0341 shall not take, land nor possess any lobsters\nor parts thereof unless there are no such nets on board, attached to in\nany way, or being used by such vessel. This prohibition on the taking of\nlobsters by the use of a trawl shall not allow the use of a trawl in any\nwaters where it is prohibited by sections 13-0341 and 13-0343. The\ndepartment shall furnish forms for application for both classes of\npermits. A non-commercial permit shall be issued to an individual. A\ncommercial permit shall be issued to an individual and it may be\nendorsed for use on a fishing vessel, in which case it shall cover all\npersons on board such vessel. The holder of a commercial permit shall be\nliable for all violations that occur on the vessel for which the\nholder's permit is endorsed. The holder of a permit shall carry on his\nor her person or post on his or her vessel such permit at all times when\nfishing for lobsters. Except as provided in subdivision six of this\nsection, the permit holder must be present at all times while the\nprivileges of such permit are being exercised and while lobster fishing\ngear owned by the permit holder is being set out or retrieved. The\nholder of a commercial permit may endorse such permit to only one vessel\nat any one time and shall be on board such vessel at all times when it\nis used for fishing for lobsters.\n 2. a. A person not domiciled within the state but who is domiciled in\na state that provides reciprocal permits or licenses to persons\ndomiciled in New York state may, upon first obtaining a permit from the\ndepartment, take and land lobsters only from the waters of the state\nwesterly and southerly of a straight line drawn from the Flashing Green\nLight Number 9 Whistle Buoy at Cerebus Shoals (located approximately\nseven miles northwesterly to Montauk Point) northwesterly to Race Rock\nand thence due north to the New York-Connecticut interstate boundary\nline; and may land lobsters taken outside New York state waters.\n b. The fee for such lobster permit shall be two hundred twenty-five\ndollars. The permit shall be issued to an individual and may be endorsed\nfor use on a fishing vessel in which case it shall cover all persons on\nboard such vessel. Except as provided in subdivision six of this\nsection, the permit holder must be present at all times while the\nprivileges of such permit are being exercised and while lobster fishing\ngear owned by the permit holder is being set out or retrieved. The\nholder of such permit shall be liable for all violations that occur on\nany vessel for which the permit may be endorsed. The holder of such\npermit shall carry on his or her person or post on his or her vessel\nsuch permit at all times when fishing for lobsters. The holder of a\ncommercial permit may endorse such permit to only one vessel at any one\ntime and shall be on board such vessel at all times when it is used for\nfishing for lobsters.\n c. On the waters of Long Island Sound and its adjoining bays, harbors\nand estuaries (as defined in subdivision 1 of this section) a person\nholding such permit who is a person operating or owning or on board a\ndragger or any vessel used to operate a trawl as defined in section\n13-0341 shall not take, land nor possess any lobsters or parts thereof\nunless there are no such nets on board, attached to in any way, or being\nused by such vessel. This prohibition on the taking of lobsters by the\nuse of a trawl shall not allow the use of a trawl in any waters where it\nis prohibited by sections 13-0341 and 13-0343.\n d. A person not domiciled in the state who is not qualified to hold a\nlobster permit under paragraph a of this subdivision, or person\ndomiciled within the state who is not eligible to obtain a commercial\nlobster permit under subdivision one of this section, may obtain a\npermit to land lobsters in the state which have been legally taken\noutside the state. The fee for a lobster landing permit shall be three\nhundred dollars.\n e. The department shall prescribe and furnish forms for such permits.\n 3. a. Lobster permits shall be non transferable and shall expire on\nDecember 31 of the year of issue. If it appears in the public interest,\nthe department may suspend or cancel any such permit on ten days'\nwritten notice to the holder thereof.\n b. No person who has had any such permit suspended or revoked shall\ntake or land lobsters or aid in the taking or landing of lobsters until\nsuch permit has been reinstated or a new permit is issued.\n c. A person who holds a permit to take or land lobsters shall notify\nthe department of any change of address within thirty days of such\nchange.\n 4. Buoys or markers of prescribed design may be used in designating\nthe location of licensed lobster pots or traps in such manner as shall\nbe required by the department.\n 5. a. Except as provided in subdivisions 13, 16 and 18 of this\nsection, only lobsters measuring three and three-eighths inches or more\nand five and one-quarter inches or less may be taken, possessed, bought,\nsold, imported and exported. All measurements are from the rear end of\nthe eye socket along a line parallel to the center line of the body\nshell (carapace) to the rear end of the body shell (carapace).\n b. A lobster that has been damaged or mutilated to the extent that its\nlength from the rear end of the eye socket along a line parallel to the\ncenter line of the body shell (carapace) to the rear end of the body\nshell (carapace) cannot be determined shall not be possessed, sold or\noffered for sale, trade or barter.\n c. Lobsters in spawn shall not be taken or possessed at any time. Eggs\nshall not be removed from such lobsters.\n d. The landing or possession, in the marine district, of lobster, or\nparts thereof, not in the shell, detached lobster tails or claws, or any\nother part of a lobster that has been separated from the lobster by any\nperson who has a lobster permit issued by the state is prohibited.\n e. The landing or possession of any V-notched female lobster is\nprohibited. This prohibition applies to all persons other than a final\npurchaser or consumer. V-notched female lobster shall mean any female\nlobster bearing a V-shaped notch (i.e. a straight-sided triangular cut\nwithout setal hairs, at least one-quarter inch in depth and tapering to\na sharp point) in the flipper next to the right of the center flipper as\nviewed from the rear of the female lobster. V-notched female lobster\nalso means any female which is mutilated in a manner which could hide,\nobscure or obliterate such a mark. The right flipper will be examined\nwhen the underside of the lobster is down and its tail is toward the\nperson making the determination; however, the department shall have the\nauthority to adopt by rule or regulation a modified definition of\n"V-notched female lobster" to reflect any changes to the definition the\nAtlantic States Marine Fisheries Commission may adopt.\n 6. No person other than the licensee shall set out, tend, haul or\nunduly disturb, or take or remove lobsters from, a lobster pot or trap\nor other commercial gear, or damage, take, remove or possess such gear.\nPossession of such gear without the consent of the licensee shall be\nconsidered prima facie evidence of violation of this subdivision.\nProvided, however, that in the event of a temporary emergency, a\nlicensee may provide written authorization for a different licensee to\nhaul and remove lobster from the licensee's pots or traps. A copy of\nsuch written authorization shall be filed with the department and the\ndepartment shall determine what constitutes a temporary emergency and\nthe appropriate maximum duration of a temporary emergency for the\npurposes of this subdivision.\n 7. a. Lobsters may be taken only by lobster pots, traps, otter trawls\nor similar devices, or by skin diving, including the use of\nself-contained underwater breathing apparatus (SCUBA), or by hand. The\nuse of spears, gigs, gaffs, or other penetrating devices to take\nlobsters is prohibited.\n b. The landing of more than one hundred lobsters per twenty-four hour\nperiod by gear or methods other than lobster traps or pots is\nprohibited. The landing of more than five hundred lobsters by gear or\nmethods other than lobster traps or pots during a trip lasting five days\nor longer is prohibited.\n 8. A person shall not be issued a permit to take or land lobsters in\nNew York state if said person had a license or permit to take or land\nlobsters in another state which has been suspended or revoked for an\nillegal act which is also an illegal act in New York state until such\nsuspension or revocation has been terminated. Upon receipt of\ninformation from another state that a license or permit of a person to\ntake or land lobsters has been suspended or revoked for an illegal act\nwhich is also an illegal act in New York state, said person, if he holds\nsuch a permit in New York state, shall have his New York permit\nsuspended or revoked until such suspension or revocation by another\nstate has been terminated.\n 9. On the waters of Long Island Sound and its adjoining bays, harbors\nand estuaries (as defined in subdivision one of this section) lobsters\nshall not be taken by any method from one hour after sunset to one hour\nbefore sunrise. The provisions of this subdivision shall not apply to\nthe taking of lobsters by skin diving, including the use of\nself-contained underwater breathing apparatus (SCUBA), by holders of a\nvalid resident non-commercial lobster permit.\n 10. A holder of a commercial lobster license may apply for a permit to\nfish a gill net as permitted in paragraph (b) of subdivision fifteen of\nsection 13-0343 of this chapter. This permit is to be used for the\npurposes of obtaining bait fish to be used solely by the permittee to\npursue his lobster fishery. Bait so taken shall not be sold.\n 11. In order to reduce mortality of lobster due to lost traps and\npots, the department may adopt regulations requiring escape panels and\nvents in such traps and pots and describing their design, configuration,\ncomposition, size and any other necessary characteristics. Any such\nregulations shall be consistent with the Interstate Management Plan for\nAmerican Lobster prepared by the Atlantic States Marine Fisheries\nCommission.\n 12. Lobsters shall not be transferred from one vessel to another\nvessel on the waters of Long Island Sound or its adjacent bays, harbors\nand estuaries, except that nothing in this section shall prohibit the\nunloading of lobsters, lawfully taken and possessed, in harbor at a\nvessel's permanent mooring to a transfer vessel for the purpose of\ntransporting such lawfully taken and possessed lobsters to land.\n 13. The department may issue a permit, revocable at pleasure, to any\nperson to import, possess, buy or sell lobsters of less than the size\npermitted to be taken and possessed pursuant to this section for\nscientific and educational purposes only.\n 14. Possession of a lobster trap or pot with a volume larger than\ntwenty-two thousand nine hundred fifty cubic inches is prohibited.\n 15. (a) The department shall adopt regulations to implement and\nadminister a lobster trap tag program. Such regulations shall be\nconsistent with the specific requirements of the lobster fishery\nmanagement plan adopted by the Atlantic States Marine Fisheries\nCommission and any other applicable federal lobster trap tag\nregulations. Lobster trap tags shall be issued by the department or an\nagent authorized by the department. The cost to affected permittees for\neach tag shall not be more than the cost of production and distribution\nof each tag and shall not exceed the sum of twenty cents.\n (b) If the department administers a lobster trap tag program, any\nfunds derived from such program and received by the department shall be\ndeposited into the marine resource account established pursuant to\nsubparagraph (i) of paragraph three of subdivision (a) of section\neighty-three of the state finance law.\n 16. The department may, until December thirty-first, two thousand\ntwenty-seven, adopt regulations for Atlantic States Marine Fisheries\nCommission Areas One, Two, Three, Four, Five, and Outer Cape Cod, to\nimplement conservation measures that affect landings of lobsters,\npursuant to the recommendations of the respective Area's Lobster\nConservation Management Team as required by the Interstate Fishery\nManagement Plan for American Lobster adopted by the Atlantic States\nMarine Fisheries Commission.\n * 17. a. No lobster may be taken from Atlantic States Marine Fisheries\nCommission Area Six from September eighth through November twenty-eighth\npursuant to the recommendations of the Area's Lobster Conservation\nManagement Team as required by the Interstate Fishery Plan for Lobsters\nadopted by the Atlantic States Marine Fisheries Commission.\n b. During the September eighth through November twenty-eighth closure,\nlobster permit holders who use lobster traps or pots shall remove\nlobster traps and pots from the water by September twenty-second.\n c. No lobster trap or pot may be in the water from September\ntwenty-second until November fourteenth unless the lobster permit holder\nalso holds a permit or license that authorizes them to harvest other\nspecies from their lobster traps or pots.\n d. Lobster permit holders may set unbaited lobster traps or pots\nbeginning November fourteenth.\n e. Lobster permit holders may set baited lobster traps or pots\nbeginning November twenty-first.\n * NB Repealed December 31, 2027\n 18. a. Lobsters greater in length than provided in subdivision 5 of\nthis section may be imported into the state and possessed for\nexportation provided that:\n i. The lobsters were legally taken in the state or country where the\nlobsters were landed, and, if applicable, the Atlantic States Marine\nFisheries Commission Area where the lobsters were taken;\n ii. The lobsters were placed in containers and sealed with tamper\nproof seals acceptable to the department in the state or country where\nthe lobsters were landed;\n iii. The lobsters remain in the sealed containers at all times while\nthe lobsters are possessed in the state, including the placement of the\nsealed containers in holding tanks in the state;\n iv. Each sealed container is accompanied with a label, invoice, bill\nof lading, purchase order or manifest identifying the state or country\nwhere the lobsters were landed, and, if applicable, the Atlantic States\nMarine Fisheries Commission Area where the lobsters were taken, the\nnumber of lobsters contained therein, and the date the container was\nsealed; and\n v. The lobsters are imported, possessed and exported to or by a person\nlicensed pursuant to section 13-0334 of this title.\n b. Lobsters greater in length than provided in subdivision 5 of this\nsection may be imported, possessed, sold or offered for sale in the\nstate provided that:\n i. The lobsters were legally taken in the state or country where the\nlobsters were landed, and, if applicable, the Atlantic States Marine\nFisheries Commission Area where the lobsters were taken;\n ii. Each lobster is tagged in the state or country where the lobster\nwas landed with a tamper resistant tag acceptable to the department. The\ntag shall be attached to the lobster and identify the state or country\nwhere the lobster was landed and, if applicable, the Atlantic States\nMarine Fisheries Commission Area where the lobster was taken;\n iii. The tag must remain on the lobster until it is sold to the end\nconsumer in the state, including while in a holding tank in a restaurant\nor retail outlet;\n iv. Each shipment of tagged lobsters is accompanied with a label,\ninvoice, bill of lading, purchase order or manifest identifying the\nstate or country and, if applicable, the Atlantic States Marine\nFisheries Commission Area where the lobsters were taken, the number of\nlobsters contained therein, and the date or dates the lobsters were\nharvested; and\n v. The lobsters are imported, possessed and sold or offered for sale\nin the state by a person licensed pursuant to section 13-0334 of this\ntitle.\n c. The department may promulgate regulations necessary to implement\nthis subdivision.\n 19. Lobsters, or parts thereof, not in the shell, detached lobster\ntails or claws, or any other part of a lobster that has been separated\nfrom the lobster may only be possessed, purchased, offered for sale,\ntrade or barter, imported, or exported, provided:\n a. The lobster was legally taken in the state or country where the\nlobster was landed, and, if applicable, the Atlantic States Marine\nFisheries Commission Area where the lobster was taken;\n b. The lobster parts are packaged with labels identifying the state,\nor country where the lobster was taken and if applicable, the Atlantic\nStates Marine Fisheries Commission Area. Lobster parts must be packaged\nand properly labeled prior to being possessed, sold, purchased or\nimported in the state.\n