New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter F - MARINE FISHERIES › Part 44 - Lobsters and Crabs › Section 44.1 - Lobsters

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Definitions.
(1) A
lobster pot
or
trap
is any box-like or
				  cage-like device that is made of any material, has an entrance or entrances
				  from the outside into a compartment (sometimes called the kitchen) which has a
				  further entrance to a second compartment (sometimes called the parlor), both
				  compartments being at the same level, and is capable of catching
				  lobsters.
(2)
Catastrophic
				  loss
is the loss of lobster pots or traps or trap tags that exceeds
				  the initial additional allocation of trap tags provided for in paragraph (d)(2)
				  of this section for routine loss.
(3)
Fishing Vessel Trip
				  Report
means the reporting forms prescribed by the
				  department.
(4)
Historical
				  level of pots or traps fished
is the number of pots or traps that the
				  department determines, pursuant to the provisions of this section, were fished
				  by an individual lobster permit holder, during the qualifying period identified
				  by the department, based on data required by the department and supplied by the
				  permit holder.
(5)
Lobster
				  management area (LMA) 2
is defined as the nearshore area, including
				  State and Federal waters that are nearshore in Southern New England, bounded by
				  straight lines connecting the following points, in the alphabetical order
				  stated:
Point
Latitude
Longitude
Point
Latitude
Longitude
H
41°40'N
70°00'W
N
40°45.5'N
71°34'W
I
41°15'N
70°00'W
O
41°07'N
71°43'W
J
41°21.5'N
69°16'W
P
41°06.5'N
71°47'W
K
41°10' N
69°06.5'W
Q
41°11'30"N
71°47'15"W
L
40°55'N
68°54'W
R
41°18'30"N
71°54'30"W
M
40°27.5'N
72°14'W
(6)
Lobster management area (LMA) 3
is defined as the area
				  comprised entirely of Federal waters, bounded by straight lines connecting the
				  following points, in the alphabetical order stated:
Point
Latitude
Longitude
Point
Latitude
Longitude
A
43°58' N
67°22'W
U
42°12.5' N
72°48.5'W
B
43°41' N
68°00'W
V
39°50' N
73°01' W
C
43°12' N
69°00' W
X
38°39.5' N
73°40'W
D
42°49' N
69°40' W
Y
38°12' N
73°55' W
E
42°15.5' N
69°40' W
Z
37°12' N
74°44' W
F
42°10' N
69°56' W
ZA
35°34' N
74°51' W
K
41°10' N
69°06.5'W
ZB
35°14.5'N
75°31' W
N
40°45.5'N
71°34' W
ZC
35°14.5'N
71°24' W
M
40°27.5'N
72°14' W
(7)
Lobster management area (LMA) 4
is defined as the area,
				  including State and Federal waters that are nearshore in the northern
				  Mid-Atlantic, bounded by straight lines connecting the following points, in the
				  alphabetical order stated:
Point
Latitude
Longitude
Point
Latitude
Longitude
M
40°27.5'N
72°14' W
P
41°06.5' N
71°47' W
N
40°45.5' N
71°34' W
S
40°58' N
72°00' W
O
41°07'N
71°43' W
T
41°00.5'N
72°00'W
From point T along the New York/New Jersey coast to point
					 W.
Point
Latitude
Longitude
W
39°50'N
74°09'W
V
39°50'N
73°09'W
U
40°12.5'N
72°48.5'W
From point U back to point M.
(8)
Lobster management area (LMA)
				  6
is defined as the area, including New York and Connecticut state
				  waters, bounded by straight lines connecting the following points, in the
				  alphabetical order stated:
Point
Latitude
Longitude
T
41°00.5'N
72°00'W
S
40°58'N
72°00'W
From point S, boundary follows the three mile limit of New
					 York as it curves around Montauk Point to point P.
Point
Latitude
Longitude
P
41°06.5'N
71°47'W
Q
41°11'30"N
71°47'15"W
R
41°18'30"N
71°54'30"W
From point R, along the maritime boundary between
					 Connecticut and Rhode Island to the coast; then west along the coast of
					 Connecticut to the western entrance of Long Island Sound; then east along the
					 New York coast of Long Island Sound back to point T.
(9)
Lobster management area (LMA)
				  6B
means a portion of LMA 6 referred to as the "race" which is the
				  area south of the New York-Connecticut state line, north of 41°10' north
				  latitude, east of 72°10' west longitude and west of 71°54' west
				  longitude.
(10)
Trap
				  tag
means a tag sold by the department or by a vendor or another state
				  or Federal agency recognized by the department to be used to identify legal
				  lobster pots or traps.
(11)
Trap tag year
means the period from June 1st of a given year
				  through the following May 31st.
(12)
Replacement trap tags
are those tags which will be issued to a permit holder when a catastrophic loss
				  has occurred within a given year and will bear the same information as the
				  original trap tags but will be distinguished from the original tags in a manner
				  acceptable to the department.
(13)
Routine loss
is the loss of pots or traps or trap tags equal
				  to the additional allocation of trap tags provided for in paragraph (d)(2) of
				  this section based on the historical level of pots or traps fished by an
				  individual lobster permit holder.
(14)
Dredge
means any
				  rectangular or oblong frame device, with or without teeth on the bottom bar or
				  scrape, to which is attached a bag-like or cage-like net or device either
				  flexible or rigid of either metal rings or wire netting or wire cage or a
				  natural or manufactured fiber webbing or any combination of these materials and
				  which is fished by being pulled or towed or dragged along the bottom of a body
				  of water from a boat or vessel.
(15)
Carapace length
means a
				  measurement 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).
(16)
Land
or
landed
means the bringing of crabs
				  and lobsters to any shore or the transfer of the catch of crabs and lobsters
				  taken from a vessel to any other vessel or in-water storage facility or to the
				  land or to any pier, wharf, dock or other similar structure. When a vessel
				  bearing crabs and lobsters has been tied, moored, or made fast to land, to
				  another vessel, to an in-water storage facility or to any pier, wharf, dock or
				  similar structure, such crabs and lobsters shall be deemed as landed.
(17)
Designated navigation
				  channels
means the Long Island Intracoastal Waterway and natural or
				  dredged paths through otherwise shoal waters that are used for entering or
				  leaving ports and harbors, the boundaries of which are market by maintained
				  aides to navigation. Designated navigation channels does not include the main
				  west/east shipping fairway through the center of Long Island Sound.
(18)
V-notched lobster
is
				  defined as any female lobster that bears a notch or indentation in the base of
				  the flipper that is at least as deep as 1/8 inch, with or without setal hairs.
V-notched lobster
also means any female lobster which is
				  mutilated in a manner which could hide, obscure, or obliterate such a
				  mark.