NY Env Conserv L § 13-0329 (2021)
2021 New York Laws ENV - Environmental Conservation Article 13 - Marine and Coastal Resources Title 3 - Marine Fisheries 13-0329 - Lobsters; Permit to Take; Prohibited Acts.

§ 13-0329. Lobsters; permit to take; prohibited acts.   1.  Any  person  domiciled within the state may take and land lobsters (Homarus americanus) from the waters of the state or  land  lobsters  in the  state  taken  elsewhere  upon  first  obtaining  a  permit from the department. There shall be two  classes  of  permits:  a  non-commercial permit, the fee for which shall be ten dollars, and a commercial permit, the  fee  for which shall be one hundred fifty dollars. A non-commercial permit shall allow the holder to set no more than five lobster pots  and to  take  or land in any one day no more than six legal lobsters by this or any other legal method for the holder's own or family use. Holders of non-commercial permits shall not sell, offer for sale, trade or  barter, or  otherwise  traffic  in  lobsters so taken. A commercial permit shall allow the holder to set any number of  pots  and  use  any  other  legal method  for  taking  lobsters with no restriction on the number of legal lobsters that may be taken, landed  or  possessed  except  that  on  the waters  of  Long  Island  Sound  and  its  adjoining  bays,  harbors and estuaries (herein defined as all  waters  of  the  state  north  of  the northern  shore  lines  of Long Island, Plum Island, Little Gull Island, Great Gull Island and Fishers Island and all the  waters  of  the  state north  of  the  waters  that  separate  those islands from each other) a person holding a commercial permit who is a person operating  or  owning or on board a dragger or any vessel used to operate any net defined as a trawl  in  section 13-0341 shall not take, land nor possess any lobsters or parts thereof unless there are no such nets on board, attached to  in any way, or being used by such vessel. This prohibition on the taking of lobsters by the use of a trawl shall not allow the use of a trawl in any waters  where  it  is  prohibited  by  sections 13-0341 and 13-0343. The department shall furnish forms  for  application  for  both  classes  of permits.  A  non-commercial  permit  shall be issued to an individual. A commercial permit shall be  issued  to  an  individual  and  it  may  be endorsed  for  use on a fishing vessel, in which case it shall cover all persons on board such vessel. The holder of a commercial permit shall be liable for all violations  that  occur  on  the  vessel  for  which  the holder's  permit  is endorsed. The holder of a permit shall carry on his or her person or post on his or her vessel such permit at all times when fishing for lobsters. Except as provided  in  subdivision  six  of  this section,  the  permit  holder  must  be  present  at all times while the privileges of such permit are being exercised and while lobster  fishing gear  owned  by  the  permit  holder  is being set out or retrieved. The holder of a commercial permit may endorse such permit to only one vessel at any one time and shall be on board such vessel at all times  when  it is used for fishing for lobsters.   2.  a. A person not domiciled within the state but who is domiciled in a  state  that  provides  reciprocal  permits  or  licenses  to  persons domiciled  in New York state may, upon first obtaining a permit from the department, take and land lobsters only from the  waters  of  the  state westerly  and southerly of a straight line drawn from the Flashing Green Light Number 9 Whistle Buoy at  Cerebus  Shoals  (located  approximately seven  miles  northwesterly to Montauk Point) northwesterly to Race Rock and thence due north to the  New  York-Connecticut  interstate  boundary line; and may land lobsters taken outside New York state waters.   b.  The  fee  for such lobster permit shall be two hundred twenty-five dollars. The permit shall be issued to an individual and may be endorsed for use on a fishing vessel in which case it shall cover all persons  on board  such  vessel.  Except  as  provided  in  subdivision  six of this section, the permit holder must  be  present  at  all  times  while  the privileges  of such permit are being exercised and while lobster fishing gear owned by the permit holder is  being  set  out  or  retrieved.  The  holder  of  such permit shall be liable for all violations that occur on any vessel for which the permit may be  endorsed.  The  holder  of  such permit  shall  carry  on  his or her person or post on his or her vessel such  permit  at  all  times  when fishing for lobsters. The holder of a commercial permit may endorse such permit to only one vessel at any  one time  and shall be on board such vessel at all times when it is used for fishing for lobsters.   c. On the waters of Long Island Sound and its adjoining bays,  harbors and  estuaries  (as  defined  in subdivision 1 of this section) a person holding such permit who is a person operating or owning or  on  board  a dragger  or  any  vessel  used  to operate a trawl as defined in section 13-0341 shall not take, land nor possess any lobsters or  parts  thereof unless there are no such nets on board, attached to in any way, or being used  by  such vessel. This prohibition on the taking of lobsters by the use of a trawl shall not allow the use of a trawl in any waters where it is prohibited by sections 13-0341 and 13-0343.   d. A person not domiciled in the state who is not qualified to hold  a lobster  permit  under  paragraph  a  of  this  subdivision,  or  person domiciled within the state who is not eligible to  obtain  a  commercial lobster  permit  under  subdivision  one  of  this section, may obtain a permit to land lobsters in the  state  which  have  been  legally  taken outside  the  state. The fee for a lobster landing permit shall be three hundred dollars.   e. The department shall prescribe and furnish forms for such permits.   3. a. Lobster permits shall be non transferable and  shall  expire  on December  31 of the year of issue. If it appears in the public interest, the department may suspend or  cancel  any  such  permit  on  ten  days' written notice to the holder thereof.   b.  No  person  who has had any such permit suspended or revoked shall take or land lobsters or aid in the taking or landing of lobsters  until such permit has been reinstated or a new permit is issued.   c.  A  person who holds a permit to take or land lobsters shall notify the department of any change of  address  within  thirty  days  of  such change.   4.  Buoys  or  markers of prescribed design may be used in designating the location of licensed lobster pots or traps in such manner  as  shall be required by the department.   5.  a.  Except  as  provided  in  subdivisions  13,  16 and 18 of this section, only lobsters measuring three and three-eighths inches or  more and five and one-quarter inches or less may be taken, possessed, bought, sold,  imported  and exported. All measurements are from the rear end of the eye socket along a line parallel to the  center  line  of  the  body shell (carapace) to the rear end of the body shell (carapace).   b. A lobster that has been damaged or mutilated to the extent that its length  from the rear end of the eye socket along a line parallel to the center line of the body shell (carapace) to the rear  end  of  the  body shell  (carapace)  cannot  be determined shall not be possessed, sold or offered for sale, trade or barter.   c. Lobsters in spawn shall not be taken or possessed at any time. Eggs shall not be removed from such lobsters.   d. The landing or possession, in the marine district, of  lobster,  or parts thereof, not in the shell, detached lobster tails or claws, or any other  part of a lobster that has been separated from the lobster by any person who has a lobster permit issued by the state is prohibited.   e. The landing or  possession  of  any  V-notched  female  lobster  is prohibited.  This  prohibition applies to all persons other than a final purchaser or consumer. V-notched female lobster shall  mean  any  female lobster  bearing  a V-shaped notch (i.e. a straight-sided triangular cut  without setal hairs, at least one-quarter inch in depth and tapering  to a sharp point) in the flipper next to the right of the center flipper as viewed  from  the  rear  of the female lobster. V-notched female lobster also  means  any female which is mutilated in a manner which could hide, obscure or obliterate such a mark. The right flipper  will  be  examined when  the  underside  of  the lobster is down and its tail is toward the person making the determination; however, the department shall have  the authority  to  adopt  by  rule  or  regulation  a modified definition of "V-notched female lobster" to reflect any changes to the definition  the Atlantic States Marine Fisheries Commission may adopt.   6.  No  person  other  than  the licensee shall set out, tend, haul or unduly disturb, or take or remove lobsters from, a lobster pot  or  trap or  other commercial gear, or damage, take, remove or possess such gear. Possession of such gear without the consent of  the  licensee  shall  be considered  prima  facie  evidence  of  violation  of  this subdivision. Provided, however, that  in  the  event  of  a  temporary  emergency,  a licensee  may  provide written authorization for a different licensee to haul and remove lobster from the licensee's pots or  traps.  A  copy  of such  written  authorization  shall be filed with the department and the department shall determine what constitutes a  temporary  emergency  and the  appropriate  maximum  duration  of  a  temporary  emergency for the purposes of this subdivision.   7. a. Lobsters may be taken only by lobster pots, traps, otter  trawls or   similar   devices,   or  by  skin  diving,  including  the  use  of self-contained underwater breathing apparatus (SCUBA), or by  hand.  The use  of  spears,  gigs,  gaffs,  or  other  penetrating  devices to take lobsters is prohibited.   b. The landing of more than one hundred lobsters per twenty-four  hour period  by  gear  or  methods  other  than  lobster  traps  or  pots  is prohibited. The landing of more than five hundred lobsters  by  gear  or methods other than lobster traps or pots during a trip lasting five days or longer is prohibited.   8.  A  person shall not be issued a permit to take or land lobsters in New York state if said person had a license or permit to  take  or  land lobsters  in  another  state  which has been suspended or revoked for an illegal act which is also an illegal act in New York  state  until  such suspension   or   revocation   has  been  terminated.  Upon  receipt  of information from another state that a license or permit of a  person  to take  or  land lobsters has been suspended or revoked for an illegal act which is also an illegal act in New York state, said person, if he holds such a permit in  New  York  state,  shall  have  his  New  York  permit suspended  or  revoked  until  such  suspension or revocation by another state has been terminated.   9. On the waters of Long Island Sound and its adjoining bays,  harbors and  estuaries  (as defined in subdivision one of this section) lobsters shall not be taken by any method from one hour after sunset to one  hour before  sunrise.  The  provisions of this subdivision shall not apply to the  taking  of  lobsters  by  skin  diving,  including   the   use   of self-contained  underwater  breathing apparatus (SCUBA), by holders of a valid resident non-commercial lobster permit.   10. A holder of a commercial lobster license may apply for a permit to fish a gill net as permitted in paragraph (b) of subdivision fifteen  of section  13-0343  of  this  chapter.  This  permit is to be used for the purposes of obtaining bait fish to be used solely by  the  permittee  to pursue his lobster fishery. Bait so taken shall not be sold.   11.  In  order  to  reduce  mortality of lobster due to lost traps and pots, the department may adopt regulations requiring escape  panels  and vents in such traps and pots and describing their design, configuration,  composition,  size  and  any  other  necessary characteristics. Any such regulations shall be consistent with the Interstate Management Plan  for American  Lobster  prepared  by  the  Atlantic  States  Marine Fisheries Commission.   12.  Lobsters  shall  not  be  transferred  from one vessel to another vessel on the waters of Long Island Sound or its adjacent bays,  harbors and  estuaries,  except  that nothing in this section shall prohibit the unloading of lobsters, lawfully taken and  possessed,  in  harbor  at  a vessel's  permanent  mooring  to  a  transfer  vessel for the purpose of transporting such lawfully taken and possessed lobsters to land.   13. The department may issue a permit, revocable at pleasure,  to  any person  to  import,  possess, buy or sell lobsters of less than the size permitted to be  taken  and  possessed  pursuant  to  this  section  for scientific and educational purposes only.   14.  Possession  of  a  lobster  trap or pot with a volume larger than twenty-two thousand nine hundred fifty cubic inches is prohibited.   15. (a) The  department  shall  adopt  regulations  to  implement  and administer  a  lobster  trap  tag  program.  Such  regulations  shall be consistent  with  the  specific  requirements  of  the  lobster  fishery management   plan  adopted  by  the  Atlantic  States  Marine  Fisheries Commission  and  any  other  applicable   federal   lobster   trap   tag regulations.  Lobster  trap tags shall be issued by the department or an agent authorized by the department. The cost to affected permittees  for each  tag shall not be more than the cost of production and distribution of each tag and shall not exceed the sum of twenty cents.  (b) If the department administers a  lobster  trap  tag  program,  any funds  derived from such program and received by the department shall be deposited into the  marine  resource  account  established  pursuant  to subparagraph  (i)  of  paragraph  three  of  subdivision  (a) of section eighty-three of the state finance law.   16. The department may,  until  December  thirty-first,  two  thousand twenty-four,  adopt  regulations  for  Atlantic  States Marine Fisheries Commission Areas One, Two, Three, Four, Five, and  Outer  Cape  Cod,  to implement  conservation  measures  that  affect  landings  of  lobsters, pursuant  to  the  recommendations  of  the  respective  Area's  Lobster Conservation  Management  Team  as  required  by  the Interstate Fishery Management Plan for American Lobster  adopted  by  the  Atlantic  States Marine Fisheries Commission.   * 17. a. No lobster may be taken from Atlantic States Marine Fisheries Commission Area Six from September eighth through November twenty-eighth pursuant  to  the  recommendations  of  the  Area's Lobster Conservation Management Team as required by the Interstate Fishery Plan for  Lobsters adopted by the Atlantic States Marine Fisheries Commission.   b. During the September eighth through November twenty-eighth closure, lobster  permit  holders  who  use  lobster  traps  or pots shall remove lobster traps and pots from the water by September twenty-second.   c. No lobster  trap  or  pot  may  be  in  the  water  from  September twenty-second until November fourteenth unless the lobster permit holder also  holds  a  permit  or license that authorizes them to harvest other species from their lobster traps or pots.   d. Lobster permit holders may  set  unbaited  lobster  traps  or  pots beginning November fourteenth.   e.  Lobster  permit  holders  may  set  baited  lobster  traps or pots beginning November twenty-first.   * NB Repealed December 31, 2024   18. a. Lobsters greater in length than provided in  subdivision  5  of this   section  may  be  imported  into  the  state  and  possessed  for exportation provided that:    i. The lobsters were legally taken in the state or country  where  the lobsters  were  landed,  and,  if applicable, the Atlantic States Marine Fisheries Commission Area where the lobsters were taken;   ii.  The  lobsters  were  placed  in containers and sealed with tamper proof seals acceptable to the department in the state or  country  where the lobsters were landed;   iii.  The  lobsters remain in the sealed containers at all times while the lobsters are possessed in the state, including the placement of  the sealed containers in holding tanks in the state;   iv.  Each  sealed container is accompanied with a label, invoice, bill of lading, purchase order or manifest identifying the state  or  country where  the lobsters were landed, and, if applicable, the Atlantic States Marine Fisheries Commission Area where  the  lobsters  were  taken,  the number  of  lobsters  contained  therein, and the date the container was sealed; and   v. The lobsters are imported, possessed and exported to or by a person licensed pursuant to section 13-0334 of this title.   b. Lobsters greater in length than provided in subdivision 5  of  this section  may  be  imported,  possessed,  sold or offered for sale in the state provided that:   i. The lobsters were legally taken in the state or country  where  the lobsters  were  landed,  and,  if applicable, the Atlantic States Marine Fisheries Commission Area where the lobsters were taken;   ii. Each lobster is tagged in the state or country where  the  lobster was landed with a tamper resistant tag acceptable to the department. The tag  shall  be attached to the lobster and identify the state or country where the lobster was landed and, if  applicable,  the  Atlantic  States Marine Fisheries Commission Area where the lobster was taken;   iii.  The  tag  must remain on the lobster until it is sold to the end consumer in the state, including while in a holding tank in a restaurant or retail outlet;   iv. Each shipment of tagged lobsters  is  accompanied  with  a  label, invoice,  bill  of  lading,  purchase  order or manifest identifying the state  or  country  and,  if  applicable,  the  Atlantic  States  Marine Fisheries  Commission  Area where the lobsters were taken, the number of lobsters contained therein, and the date  or  dates  the  lobsters  were harvested; and   v.  The  lobsters are imported, possessed and sold or offered for sale in the state by a person licensed pursuant to section  13-0334  of  this title.   c.  The  department  may promulgate regulations necessary to implement this subdivision.   19. Lobsters, or parts thereof, not in  the  shell,  detached  lobster tails  or  claws, or any other part of a lobster that has been separated from the lobster may only be possessed,  purchased,  offered  for  sale, trade or barter, imported, or exported, provided:   a.  The  lobster  was  legally taken in the state or country where the lobster was landed, and,  if  applicable,  the  Atlantic  States  Marine Fisheries Commission Area where the lobster was taken;   b.  The  lobster parts are packaged with labels identifying the state, or country where the lobster was taken and if applicable,  the  Atlantic States  Marine Fisheries Commission Area. Lobster parts must be packaged and properly labeled  prior  to  being  possessed,  sold,  purchased  or imported in the state.