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 40.1 - Marine fish-open seasons, size and catch limits

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Definitions.
For the purposes of this section, the following definitions
					 apply:
(1) A
trip
				  limit
means the maximum amount of fish that can be possessed on board
				  or landed by a vessel during a period of time, not less than 24 hours, in which
				  fishing is conducted, beginning when the vessel leaves port and ending when the
				  vessel returns to port. A vessel or fisher shall not land more than a
				  possession limit or trip limit per species in any one calendar day, except
				  that, where a weekly limit or biweekly limit is specifically authorized by the
				  department pursuant to subdivision (h) of this section, a fisher authorized to
				  take such weekly or biweekly limit shall not possess or land more than the
				  weekly limit or biweekly limit in one calendar day or; where one trip limit for
				  each of two commercial license holders on board a single vessel is specifically
				  authorized by the department pursuant to subdivision (h) of this section, a
				  vessel with two or more commercial license holders on board shall not possess
				  more than two trip limits of the authorized species in one calendar
				  day.
(2) A
slot size
				  limit
means a size limit which has both a minimum length and a maximum
				  length.
(3)
At sea
				  transfer
means the transferring of fish from one vessel to another
				  vessel other than in harbor at a vessel's permanent mooring.
(4)
Party and charter boats
means vessels used to carry passengers for hire wherein a fee is charged,
				  either directly or indirectly, for the purpose of taking or attempting to take
				  marine fish for recreational purposes. A vessel advertising or offering
				  services for charter or brokering a trip shall be presumed to be a party or
				  charter boat.
(5)
Land
or
landed
means the bringing of fish to
				  shore or the transfer of the catch of fish 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 fish 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 fish shall be deemed as
				  landed.
(6) The Tautog Management
				  Regions are defined as follows:
(i) The Long
				  Island Sound Management Region includes all marine and coastal district waters
				  lying east of the Throgs Neck Bridge and west of a line that runs from Orient
				  Point, NY to Watch Hill, RI.
(ii)
				  The New York Bight Management Region includes all New York marine and coastal
				  district waters lying outside of the Long Island Sound Tautog Management
				  Region.
(7) The 'tautog
				  tagging season' means the period of time when commercial tautog tags may be
				  applied to legally harvested tautog. The season shall run from April 16 through
				  January 25.
(8) "Multi-state
				  possession limit" means the sum of:
(i) the
				  commercial trip limit in New York State for a designated quota-based species
				  and
(ii) the commercial trip limit
				  for the same species in cooperating states from which the Program participant
				  has privileges to land the designated quota-based species.
(9) "Cooperating states" means states other
				  than New York that have enacted reciprocal rules enabling commercial fishermen
				  licensed by that state to participate in the Program, and that have provided
				  notice to the department of intent to cooperatively participate in the
				  Program.
(10) "Program" means the
				  Cooperative Multi-State Possession and Landing Program, which at the discretion
				  of the Department, allows the holder of a commercial food fish license, in
				  accordance with this section, to simultaneously possess trip limits for the
				  designated quota-based species for New York and other cooperating states and
				  land the appropriate trip limit for that species in each of the cooperating
				  states.
(11) "Natural bait" means
				  all baits which entice or might be ingested or swallowed by fish including, but
				  not limited to, fish (dead or alive), fish eggs, worms, shellfish, crustacea,
				  amphibians (salamanders, frogs and toads), insects (including all stages of
				  development as larvae, pupae, etc.), pork rinds, liver, meat, corn or other
				  vegetable matter, tapioca, candy, cheese, bread and putty or dough-like scented
				  baits.
(12) "Non-offset circle
				  hook" means a fishing hook designed and manufactured so that the point and barb
				  of the hook are not offset from the plane of the shank and bend, and the point
				  is turned perpendicularly back towards the shank to form a circular or oval
				  shape.
(13) A "gaff" means any
				  implement or device used, after a fish has been caught by other means, to
				  puncture, hook, or penetrate the fish during the landing, retrieval or release
				  of the fish. "Gaff" also means the act of using a gaff.
(14) 'Chum' means fish, chopped fish, fish
				  parts, fish fluids or other organic materials placed in waters of the marine
				  and coastal district for the purpose of attracting sharks or other marine
				  organisms.
(15) 'Chumming' means
				  the act of placing chum in the waters of the marine and coastal district for
				  the purpose of attracting sharks or other marine organisms.
(16) 'Shore angler' means any person engaged
				  in any type of fishing that does not take place aboard a
				  vessel.