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 43-2.8 - Container and tagging requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Surf clams
					 and ocean quahogs must be landed in standard cages or industry standard bushels
					 only.
(b) In addition to the
					 tagging information required by the provisions of section
					 42.13(a)(5) of
					 this Title, the permittee must clearly identify the federally documented name
					 or state registration number of the vessel used in the harvest of the shellfish
					 on a tag affixed to each standard cage or industry standard bushel.
(c) All surfclam cages or individual standard
					 bushel containers, or portions thereof, must be tagged with a cage tag prior to
					 offloading from the vessel except as authorized by the department . Such tag
					 must be firmly attached on or near the upper crossbar of the cage or affixed to
					 an industry standard bushel container. A cage tag is required for every 60
					 cubic feet of cage volume of a standard cage, or portion thereof, or each
					 container holding an industry standard bushel or portion thereof. Each cage tag
					 shall indicate the state issuing the tag, the year issued, the Federal
					 documentation number or State registration number of the vessel assigned the
					 individual fishing quota (IFQ), and the serialized number assigned to that tag
					 in ascending order. Cage tags shall be affixed to standard cages or containers
					 holding industry standard bushels or portions thereof in ascending order of the
					 serial numbers assigned to the vessel.
(d) The owner of a vessel assigned an
					 individual fishing quota shall be eligible to purchase cage tags from the
					 department or from the department or from a vendor authorized by the
					 department. The number of cage tags will be based on the IFQ assigned to a
					 vessel on an annual basis and the containers used to land surfclams. The holder
					 of an IFQ must complete a declaration annually that specifies whether the
					 surfclams taken from the certified waters of the Atlantic Ocean will be landed
					 in standard cages or industry standard bushel containers. Each cage tag
					 represents either 32 industry standard bushels of surfclam allocation held in
					 standard cages or one industry standard bushel of surfclam allocation, or a
					 portion thereof.
(e) It is unlawful
					 to reuse, alter, sell, offer for sale or transfer any cage tag issued under
					 this section. Once a vessel's allocation or cumulative equivalent of one IFQ
					 allocation of cage tags is used, that vessel may no longer take surfclams by
					 mechanical means from the New York State certified waters of the Atlantic
					 Ocean. No 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.
(f) Cage tags will
					 expire at the end of the fishing year for which they are issued unless rendered
					 null and void by the department. Loss or theft of tags must be reported by the
					 vessel owner, numerically identifying the tags to the department in writing
					 within 24 hours of such loss or theft. Immediately following written
					 notification to the department, the reported tags shall no longer be valid for
					 use pursuant to this section.
(g)
					 Lost or stolen tags may be replaced by the department or an authorized vendor
					 if proper notice of the loss is provided by the person to whom the tags were
					 issued. Replacement tags may be purchased from the department or authorized
					 vendor to cover the allocation of lost or stolen tags as determined by the
					 department.
(h) It is unlawful to
					 land, offer for sale or sell surfclams taken by mechanical means from New York
					 State certified waters of the Atlantic Ocean in a standard cage or industry
					 standard bushel container which are not properly tagged as described in this
					 section unless authorized by the department . A cage tag or tags must not be
					 removed from any standard cage or industry standard bushel container until the
					 cage or standard bushel container is emptied by the processor, at which time
					 the processor must promptly remove and retain the tag(s) for 60 days beyond the
					 end of the calendar year, unless otherwise directed by the department or state
					 or Federal law enforcement agents.
(i) A vessel owner may apply for a temporary
					 exemption from the cage tagging requirements of this section by submitting a
					 written request to the department. The vessel owner must possess a valid
					 surfclam/ocean quahog Atlantic Ocean permit and provide a copy of the cage tag
					 order form that has been submitted to the department or department's approved
					 vendor for the current calendar year. Any vessel taking surfclams under this
					 temporary cage tagging exemption shall keep a copy of the department's written
					 exemption onboard the vessel at all times and made immediately available to a
					 department representative or an enforcement officer upon request.
(j) The captain/operator or owner/lessee of a
					 vessel that has received a temporary exemption to harvest without cage tags
					 shall notify the department prior to commencement of any and all surfclam
					 harvest conducted under an IFQ assigned to an eligible vessel in the Atlantic
					 Ocean surfclam fishery. Such notification must include the following
					 information: identification of the name of the vessel to be fishing, name of
					 captain/ operator, date and time harvest will commence, expected time harvest
					 will end, approximate location of fishing area to the nearest landmark or
					 inlet, and identification of dockage and landing location(s). The notification
					 must be made by email, fax or telephone prior to commencement of all surfclam
					 harvesting activities conducted on a daily basis. The captain/ operator or
					 owner/lessee must complete and submit a surfclam vessel harvest report
					 immediately following each surfclam harvest trip conducted without cage tags on
					 a daily basis. All surfclam vessel harvest reports must be submitted to the
					 department on the same day as harvest is conducted, on a form provided by the
					 department. The permit holder shall notify the department in writing upon their
					 receipt of cage tags from the authorized cage tag vendor and submit a written
					 request for termination of the temporary cage tagging exemption. The permittee
					 shall be required to surrender cage tags as directed by the department to
					 account for the harvest conducted under the temporary cage tagging exemption
					 based on the quantities of surfclams harvested and reported on the surfclam
					 vessel harvest reports.
(k) It is
					 unlawful to possess any empty standard cages or industry standard bushel
					 containers on any vessel that have a cage tag affixed to such containers as
					 required by this section.