New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter F - MARINE FISHERIES › Part 43 - Surf Clam/ocean Quahog Fishery Management › Subpart 43-2 - Atlantic Ocean › Section 43-2.6 - Harvest restrictions; surf clams

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 department shall establish an annual harvest limit for surfclams that will
					 control the maximum allowable harvest of surfclams that may be taken by
					 mechanical means from the certified waters of the Atlantic Ocean for the period
					 January 1st through December 31st. The annual harvest limit shall not exceed
					 five percent of the fully recruited biomass based on the most recent surfclam
					 population assessment (survey) for the Atlantic Ocean. In establishing the
					 annual harvest limit, the department shall afford an opportunity for public
					 comment and consider stock assessments, catch reports and other relevant
					 biological and statistical information. The annual harvest limit shall be
					 announced no later than November 15th of the year preceding its effective date
					 of January 1st. This limit shall be established by written directive of the
					 commissioner or commissioner's designee and written notice of any such
					 directives shall be provided to all permit holders.
(b) An individual fishing quota system (IFQ)
					 has been established which will allocate to each eligible vessel an annual
					 individual fishing quota. The individual fishing quota shall be determined
					 annually based on the annual harvest limit referenced in subdivision (a) of
					 this section divided equally by the number of eligible vessels authorized to
					 participate in the Atlantic Ocean surfclam fishery. The IFQ assigned to an
					 eligible vessel shall be nontransferable and each vessel can only be used to
					 catch one quota allocation. No eligible vessel shall take or attempt to take
					 more than one quota allocation of surfclams on any surfclam/ocean quahog
					 Atlantic Ocean permit or take more than the cumulative equivalent of one quota
					 allocation if identified as the eligible vessel on one or more surfclam/ocean
					 quahog Atlantic Ocean permits when authorized pursuant to section
					 43-3.5 of Subpart 43-3, during any
					 calendar year. The IFQ will expire on December 31st of each year and any unused
					 quota not taken prior to the end of the year will not roll over into the next
					 year but will remain uncaught.
(c)
					 No vessel assigned an IFQ may be used to harvest more than 28 standard cages of
					 surfclams (equivalent to 896 industry standard bushels) in any one
					 day.
(d) It is unlawful for any
					 vessel assigned an IFQ to be used to catch another vessel's individual fishing
					 quota.
(e) It is unlawful for any
					 vessel to take, possess, land, offload, remove or otherwise transfer, or
					 attempt to take, land, offload, remove or otherwise transfer surfclams that
					 have been harvested from New York State waters under an IFQ on the same day
					 that such vessel has been used to take surfclams from the Exclusive Economic
					 Zone or from the waters of any state having a surfclam fishery.
(f) It is unlawful for any vessel to take,
					 possess, land or attempt to take, land or offload any surfclams harvested
					 pursuant to this Subpart in excess of, or without, an individual fishing
					 allocation.
(g) In order to
					 preserve and protect surfclams of less than legal size, the department may
					 establish one or more areas, containing a total of no more than 15 percent of
					 the estimated standing stock of surfclams, where harvesting is prohibited. In
					 establishing such areas, the department shall consider the effect of any such
					 areas on stocks in harvestable areas. In addition, the department shall consult
					 with the Surf Clam/Ocean Quahog Management Advisory Board, afford an
					 opportunity for public comment, and consider stock assessments, catch reports,
					 and other relevant biological and statistical information. Such areas shall, by
					 estimation, contain more than 50 percent sublegal size surfclams by number and,
					 once established, any such area shall be re-evaluated within 18 months of
					 establishment. In the event that any such area is not re- evaluated, such area
					 shall become available for harvest. The establishment of any such area shall be
					 by written directive of the commissioner or the commissioner's designee, and a
					 minimum of 48 hours written notice of any such directive shall be provided to
					 all permit owners.
(h) It shall be
					 unlawful for any person to exceed the harvest restrictions set forth in this
					 section or in any directive issued pursuant hereto.