2023 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.