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 43-2.10 - Reporting and recordkeeping requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each holder of a permit which identifies
					 such holder as an owner or lessee must, for each Sunday through Saturday
					 period, report ocean quahog harvesting and sales activities to the department
					 by the completion and submission of a report on a form provided by the
					 department or designee.
(b) The
					 report must be signed by the individual(s) providing it and must include the
					 following information: name, vessel's documented name or registration number,
					 quantity of ocean quahogs harvested on each day, area of harvest, port of
					 landing, to whom sold and estimated fishing time for each day of
					 fishing.
(c) If hand delivered or
					 transmitted as a telefacsimile message (FAX), the report must be received by
					 the department no later than Friday of the week following the report period;
					 or, if mailed, the report must be postmarked no later than Tuesday of the week
					 following the report period. Upon written notice to each holder of a permit
					 which identifies such holder as an owner or lessee, reports may be required
					 less frequently as directed by the department.
(d) The department may require that the
					 holder of a permit which identifies such holder as an owner or lessee must
					 report harvesting activity to the department on a daily basis. Written notice
					 of such requirement must be provided to each affected permit holder.
(e) The owner or lessee of a vessel assigned
					 an individual fishing quota allocation shall file accurate and complete
					 harvesting reports of their surfclam harvesting activities, regardless of
					 whether or not the permit holder has exercised the privilege of their permit,
					 on forms to be provided by the department or its designee. Failure to comply
					 with the harvest report requirements may result in the suspension of the
					 current surfclam/ocean quahog Atlantic Ocean owner/lessee permit and/or the
					 denial of future surfclam/ocean quahog Atlantic Ocean owner/lessee permits
					 issued pursuant to this section.
(f) The surfclam vessel harvest reports
					 identified in subdivision (e) of this section must be completed and filed with
					 the department on a monthly basis on a form supplied by the department or a
					 designee. Reports for each month shall be submitted to the department within 15
					 days after the end of each month. The report must be signed by the
					 captain/operator or owner of the vessel and must include the following
					 information: name, vessel's documented name or registration number, quantity of
					 surfclams harvested on each day, area of harvest, port of landing, serial
					 number(s) of cage tags used, to whom sold and estimated fishing time for each
					 day of fishing.
(g) The
					 captain/operator of the vessel must maintain a logbook with the daily harvest
					 reports indicated in subdivision (f) of this section and have that information
					 immediately available to the department or an enforcement officer upon
					 request.