New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter F - MARINE FISHERIES › Part 40 - Marine Fish › Section 40.4 - Net fishery limits-mesh sizes and gear restrictions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Trawl descriptions and
				  definitions.
(1) For the purposes of
				  this section, the
cod end of a trawl net used in a directed fishery for
				  summer flounder, or black sea bass
is defined as either 75 continuous
				  meshes forward of the terminus of the net or the terminal one third of the net,
				  measured from the center of the chain line at the mouth of the net to the
				  terminus of the net.
(2) For the
				  purposes of this section, the
cod end of a trawl net used in a directed
				  fishery for winter flounder and weakfish
is defined as either 50
				  continuous meshes forward of the terminus of the net or the terminal one fourth
				  of the net, measured from the center of the chain line at the mouth of the net
				  to the terminus of the net.
(3) The
				  minimum mesh size is the maximum opening of any single mesh, measured when wet
				  after use and is represented by the median value of 11 consecutive meshes taken
				  at least five meshes from the lacings parallel to the longitudinal axis of the
				  net.
(4) The minimum mesh size is
				  measured by a wedge-shaped gauge having a taper of two centimeters (0.78 inch)
				  in eight centimeters (3.14 inches) and a thickness of 3.2 millimeters (0.125
				  inch) inserted into the meshes under a pressure or pull of five kilograms (11
				  pounds). The department may approve the use of other equivalent mesh
				  measurement gauges or methods of measurement.
(5) Taper gauges as prescribed in this
				  subdivision will be available on loan from the department upon written
				  request.
(6) For the purposes of
				  this section, a net that conforms to one of the following specifications and
				  has not been in recent use is considered to be not available for immediate use:
(i) a net stowed below deck, provided:
(a) it is located below the main working deck
				  from which the net is deployed and retrieved; and
(b) the towing wires, including the leg
				  wires, are detached from the net; and
(c) it is fan-folded (flaked) and bound
				  around its circumference;
(ii) a net stowed and lashed down on deck,
				  provided:
(a) it is fan-folded (flaked) and
				  bound around its circumference; and
(b) it is securely fastened to the deck or
				  rail of the vessel; and
(c) the
				  towing wires, including the leg wires, are detached from the
				  net;
(iii) a net that is
				  on a reel and is covered and secured, provided:
(a) the entire surface of the net is covered
				  with canvas or other similar material that is securely bound;
(b) the towing wires, including the leg wires
				  are detached from the net; and
(c)
				  the cod end is removed from the net and stowed below
				  deck.
(7) No
				  fishing vessel may use any means or device, including but not limited to
				  chafing gear, liners, double nets, net strengtheners, ropes, lines, or chafing
				  gear on the top of the regulated portion of a trawl net; except that, one
				  splitting strap and one bull rope, consisting of line or rope not more than two
				  inches in diameter, may be used if such splitting strap or bull rope does not
				  constrict, in any manner, the top of the regulated portion of the net. However,
				  canvas, netting, or other material may be attached to the underside of the cod
				  end to reduce wear and prevent damage. For the purposes of this section, the
top of the regulated portion of the net
is defined as the 50
				  percent of the entire regulated portion of the net that will not be in contact
				  with the ocean bottom during a tow if the regulated portion of the net were
				  laid flat on the ocean floor.