N.Y. Comp. Codes R. & Regs. tit. 6 § 40.1

Current through Register Vol. 46, No. 45, November 2, 2024

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

(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 (i) of this section, a fisher authorized to take the 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 (i) 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.

(b)General provisions.

(1) It is unlawful for any person to take or possess on the waters of the marine and coastal district, as defined in Environmental Conservation Law (ECL) section 13-0103, or the shores thereof, or anywhere inland from such shores in the Counties of Suffolk, Nassau, Queens, Kings, Richmond, New York, Bronx, and those portions of Westchester County within the marine and coastal district bordering on Long Island Sound, fish of the species listed in Table A, B or C:

(i) other than during the open season specified for the species;

(ii) of a size less than that specified for such species or outside of any slot size limit specified for such species;

(iii) in excess of the possession limit or trip limit specified for such species, except that where a weekly limit or biweekly limit is specifically authorized by the department pursuant to subdivision (i) of this section, such fish shall not be taken or possessed in excess of the weekly limit or biweekly limit specified for such species;

(iv) contrary to the provisions of any special regulations for such species;

(v) contrary to any directive issued by the department pursuant to the provisions of this section; or

(vi) except in accordance with this Part. Nothing in this Part shall be construed as authorizing any person to possess fish described in this Part except as permitted by these regulations.

(2) Gear prohibitions to protect prohibited shark species.

(i) Metal leader size. It shall be unlawful for a shore angler to use a baited hook attached to a metal fishing leader that exceeds 18 inches total length. This prohibition does not apply to:

(a) anglers fishing aboard a vessel or

(b) a metal fishing leader attached solely to an artificial lure.

(ii) Rod and reel only. It shall be unlawful for a shore angler to deploy baited hooks by any means other than casting with rod and reel. It shall be unlawful for a shore angler to transport or deploy baited hooks by or from a vessel, kayak, paddle board, surfboard, boogie board, swimming, unmanned surface vessel (USV), unmanned underwater vehicle (UUV), unmanned aerial vehicle (UAV), kite, balloon, pneumatic propulsion or all other types of propulsion other than casting with rod and reel, at any time of the year. This restriction does not apply to anglers fishing from a vessel.

(3) Chumming.

(i) It shall be unlawful for any person to use chum or engage in chumming from shore in the marine and coastal district.

(ii) It shall be unlawful to place or deploy chum within 600 feet seaward of the mean high-water mark, or from structures abutting the shoreline including but not limited to jetties, bulkheads, docks, piers, and bridges, at any time of the year.

(iii) The prohibitions in this paragraph do not apply to:

(a) anglers fishing aboard a vessel, or

(b) the use of mollusks or crustaceans as chum.

(4) The "at sea transfer" of any species for which there is a possession or trip limit is prohibited.

(5) Conviction for or civil settlement of a violation of any provision of this Part may result in permit revocation or disqualification from receiving future permits issued pursuant to this Part as prescribed in Part 175 of this Title.

(6) Failure to comply with the provisions of this Part may result in permit revocation or disqualification from receiving future licenses and/or permits issued pursuant to this Part.

(c)Reporting requirements.

(1) Marine commercial food fishing license, food fish landing license and marine bait permit holders.

(i) Any person who is the holder of a marine commercial food fishing license, food fish landing license, or marine bait permit issued pursuant to section 13-0335 of the Environmental Conservation Law shall complete and submit an accurate fishing Vessel Trip Report for each commercial fishing trip, detailing all fishing activities and all species landed, on a form prescribed by the department. If more than one commercial license holder on board a single vessel is authorized to possess and land the trip limit of a regulated species pursuant to paragraph (1) of subdivision 40.1(a) of this part, then each authorized license holder shall complete and submit a separate, accurate fishing Vessel Trip Report documenting the fishing activities and species landed under the authority of the license holder's permit. The license holder shall submit such fishing reports monthly to the department within 15 days after the end of each month or at a frequency specified by the department in writing. Fishing Vessel Trip Reports shall be completed, signed, and submitted to the department for each month; if no fishing trips were made during a month, a report must be submitted stating no trips were made for that month. Incomplete fishing Vessel Trip Reports or unsigned reports will not satisfy these reporting requirements. Any New York license holder who is also the holder of a federal fishing permit issued by NOAA Fisheries Service must instead satisfy the reporting requirements specified by NOAA Fisheries Service. If requested in writing by the department, New York license holders who also hold federal fishing permits shall submit to the department the state (blue) copy of the Fishing Vessel Trip Report (NOAA Form No. 88-30) for the month or months identified in the written notification.

(ii) The fishing vessel trip report must be completed with all required information, except for information not yet ascertainable, and signed before the vessel arrives at the dock or lands the catch. Information that may be considered unascertainable before arriving at the dock or landing includes dealer name, dealer number, and date sold.

(2) Food fish and crustacea dealers and shippers license holders. Any person who is the holder of a marine and coastal district food fish and crustacea dealers and shippers license issued pursuant to section 13-0334 of the Environmental Conservation Law shall:

(i) Complete and sign an accurate purchases from fishing vessels and/or fishermen report detailing each purchase of marine food fish, crustacea, horseshoe crabs, and whelks from harvesters, on a form prescribed by the department. The license holder must submit these reports to the department within three days after the end of each week, or at a frequency specified by the department in writing. A purchases from fishing vessels and/or fishermen report shall be completed, signed and submitted to the department each week; if no purchases of food fish, crustacean, horseshoe crabs or whelk were made during that week, a report must be submitted stating no purchases were made for the week. Incomplete purchases from fishing vessels and/or fishermen reports or unsigned reports will not satisfy these reporting requirements. Any New York license holder who is also the holder of a Federal dealers permit issued by NOAA Fisheries Service must instead satisfy the reporting requirements specified by NOAA Fisheries Service.

(ii) Effective January 1, 2012, submit complete and accurate purchases from fishing vessels and/or fishermen reports to the Atlantic Coastal Cooperative Statistics Program (ACCSP) through its website at www.accsp.org. Any New York license holder who is also the holder of a Federal dealers permit issued by NOAA Fisheries Service must instead meet the reporting requirements specified by NOAA Fisheries Service.

(3) Marine and coastal district party and charter boat license holders. Marine and coastal district party and charter boat license holders.

(i) Any person who is the holder of a marine and coastal district party and charter license issued pursuant to section 13-0336 of the Environmental Conservation Law shall complete and submit an accurate fishing vessel trip report for each party or charter fishing trip, detailing all fishing activities and all species landed, on a form prescribed by the department. The license holder shall submit such fishing reports monthly to the department within 15 days after the end of each month or at a frequency specified by the department in writing. Fishing vessel trip reports must be completed, signed, and submitted to the department for each month; if no fishing trips were made during a month, a report must be submitted for that month stating no trips were made. Incomplete fishing vessel trip reports or unsigned reports will not satisfy these reporting requirements. For each fishing trip, the license holder shall complete and sign the fishing vessel trip report prior to the vessel's return to port. Any New York license holder who is also the holder of a Federal fishing permit issued by NOAA Fisheries Service must instead satisfy the reporting requirements specified by NOAA Fisheries Service.

(ii) Upon the request of an on-board observer, who is an authorized representative of the department or of the NOAA Fisheries Service, the holder of a marine and coastal district party and charter boat license shall carry such on-board observer at all times when engaged in activities authorized by such license, and shall report catch and effort information to the department or the NOAA Fisheries Service when requested to do so by such agencies or an authorized representative.

(4) License holders subject to the provisions of this subdivision shall present their logbooks, fishing vessel trip reports or purchases from fishing vessel reports and/or fishermen reports and make them available for inspection upon the request of an authorized agent of the department or NOAA Fisheries Service. License holders shall submit their fishing vessel trip reports or purchases from fishing vessels and/or fishermen reports to the department at the following address: NYSDEC, Bureau of Marine Resources, 205 N. Belle Mead Road, Suite # 1, East Setauket, New York 11733. Reports may be mailed, faxed, emailed or submitted by any other method approved by the department.

(5) In fulfillment of these reporting requirements, license holders subject to the provisions of this subdivision may choose to submit purchases from fishing vessels data or fishing trip data online at the Atlantic Coastal Cooperative Statistics Program website, www.accsp.org. Complete and accurate fishing trip and purchase data submissions to this website will satisfy the reporting requirements specified in this subdivision. License holders who submit fishing data electronically must maintain a dated logbook, on board the specific fishing vessel, that details all fishing activities for each fishing trip. Data to be recorded in this logbook must include the vessel name, date sailed and date landed, all species landed and the weight or number of each species taken during the dated trip, and other information required by the department. Entries must be entered into the logbook before the vessel arrives at the dock or lands the catch.

(6) Failure to file fishing vessel trip reports or purchases from fishing vessels and/or fishermen reports as required may disqualify the owner or operator from receiving future licenses or permits pursuant to Part 175 of this title. Any person who falsifies any fishing vessel trip report or purchases from fishing vessels and/or fishermen report shall be subject to the penalties established pursuant to the provisions of article 71 of Environmental Conservation Law and may be subject to permit revocation pursuant to Part 175 of this Title.

(d)Commercial fishing-general provisions.

(1) It is unlawful for the holder of a commercial foodfish license while exercising the privilege of such license to take or have in their possession or on board the same vessel any food fish in addition to what is allowed by any regulations affecting the commercial fishery.

(2) It is unlawful to take or possess bluefish, scup, black sea bass, striped bass, summer flounder, tautog, weakfish, or winter flounder for commercial purposes on any charter vessel, or party boat or any other vessel while carrying passengers for hire. No person fishing on any charter vessel or party boat or any vessel, while such vessel or boat is carrying passengers for hire, including persons who hold a license pursuant to section 13-0335 of the Environmental Conservation Law, may take or possess more than the recreational possession limit for bluefish, scup, black sea bass, striped bass, summer flounder, tautog, weakfish, or winter flounder nor take or possess any species of fish during any recreational closed season or in excess of any recreational possession limit or smaller than any recreational size limit.

(3) The holder of a commercial license issued pursuant to Environmental Conservation Law, section 13-0335 shall carry on his or her person or shall have posted on his or her vessel such license at all times when fishing for food fish. The holder of any permit issued pursuant to this section shall carry on his or her person or post on his or her vessel such permit at all times when fishing under the authority of such permit. The holder of any such license or permit shall make it available for inspection upon the request of an authorized agent of the department.

(4) License holders shall display a valid commercial foodfish license decal, provided by the department, whenever the vessel is operating as a commercial fishing vessel or when any person onboard is fishing under the authority of a commercial foodfish license. The decal shall be displayed on the port side of the vessel, and shall be readily visible from the water or dock. The decal shall be placed on the wheel house window or, in the case of craft with no enclosed cabin, on the console or windscreen. Vessels with no wheel house or console shall display the decal in plain sight on the port side of the hull.

(5) Conviction for or civil settlement of a violation of any provision of this section may result in permit revocation or disqualification from receiving future permits issued pursuant to this Part as prescribed in Part 175 of this Title.

(e)Shipping, labeling and packing requirements for quota managed species.

(1) It shall be unlawful for a New York commercial food fish license holder to possess, ship, or transport, or cause to be shipped or transported, any container holding summer flounder, scup, black sea bass, bluefish, or spiny dogfish which has not been properly labeled at the point of landing in New York State. Such labels shall be at least two inches wide by four inches long of substantial water proof material and display the following information:

(i) the license holder's name;

(ii) the licence holder's New York commercial foodfish license number or New York commercial foodfish landing license number; and

(iii) the date landed.

(2) No person, including dealers, shippers, wholesalers and retailers, shall receive, store, possess, sell, offer for sale, transport, ship, or reship, or cause to be received, stored, possessed, sold, offered for sale, transported, shipped or reshipped, any New York landed summer flounder, scup, black sea bass, bluefish, or spiny dogfish, in containers that have not been properly labeled, pursuant to paragraph (1) of this subdivision.

(3) No person, including dealers, shippers, wholesalers and retailers, shall receive, store, possess, sell, offer for sale, transport, ship, or reship, or cause to be received, stored, possessed, sold, offered for sale, transported, shipped or reshipped, any summer flounder, scup, black sea bass, bluefish, or spiny dogfish lawfully taken in another state unless there is a complete bill of lading that accompanies such product and each container is marked with a label at least two inches wide and four inches long of substantial, water-resistant material. Such label must indicate clearly:

(i) the state of origin;

(ii) the harvester's name and permit number;

(iii) the date landed; and

(iv) the shipper's name.

All bills of lading shall be available for inspection by the department for a period of one year from date that such product was handled.

(4) Any summer flounder, scup, black sea bass, bluefish or spiny dogfish lawfully taken and landed in other states and shipped into New York for trade, barter or sale:

(i) meet New York's minimum total length requirements for such species; and

(ii) be from a state which authorizes reciprocal privileges for such species taken in New York.

(5) Nothing in this section shall prohibit the lawful transportation through the State of summer flounder, scup, black sea bass, bluefish, or spiny dogfish lawfully taken from waters outside the State and destined for a state other than New York, provided that such fish remain in their original unopened container or containers, and such container or containers are accompanied by written documentation, bill of lading, or manifest of their origin.

(6) Fourteen days following the beginning of any period when commercial harvesting is prohibited, no person, including dealers, shippers, wholesalers and retailers, shall hold or store summer flounder, scup, black sea bass, bluefish or spiny dogfish for sale or resale for the duration of the period, except that fish lawfully landed during an open period for the species pursuant to this section, or summer flounder or scup taken between May 1st and October 31st by the holder of a summer flounder fixed gear period (pound net/trap net only), may be held or stored for sale or resale, provided that:

(i) the fish are in containers labeled pursuant to paragraphs (1) and (3) of this subdivision;

(ii) the facility in which the fish are stored maintains complete and accurate records indicating the origin of such fish, the dealer's and shipper's name, the location landed, and the date landed;

(iii) the quantity of fish held for sale or resale is registered with the department upon storage during an open period for the species pursuant to this section; and

(iv) such storage facility maintains all records of purchases and disbursements of such product for a period of one year following such purchases and disbursements.

(7) Packing and repacking. No person shall pack or repack any summer flounder, scup, black sea bass, bluefish or spiny dogfish, or portions thereof, in containers which have not been properly labeled as provided in this subdivision. Any such summer flounder, scup, back sea bass, bluefish, or spiny dogfish subdivided or repacked shall be clearly labeled with the packer's and/or repacker's name, permit number, and all information contained on the original label as specified in paragraphs (1) and (3) of this subdivision.

(f) Table A- Recreational Fishing.

*Species*	*Open season*	*Minimum length*	*Possession limit*
Striped Bass (except the Hudson River north of the George Washington Bridge)	April 15- Dec. 15	28" to 35" TL	1
Red drum	All year	No minimum size limit	No limit for fish less than 27" TL Fish greater than 27" TL shall not be possessed
Tautog (Long Island Sound Management Region)	April 1 - 30 Oct. 11 - Dec. 9	16" TL 16" TL	2 3
Tautog (New York Bight Management Region)	April 1 - 30 Oct. 15 - Dec. 22	16" TL 16" TL	2 4
American eel	All year	9" TL	25 for individuals 50 for party/charter boat captain and crew
Pollock	All year	19" TL	no limit
Haddock	All year	18" TL	no limit
Atlantic cod	Sept. 1st - May 31st	23" TL	5
Summer flounder	May 4 - Aug. 1 Aug. 2 - Oct. 15	19 TL 19.5" TL	3 3
Yellowtail flounder	All year	13" TL	no limit
Atlantic sturgeon	No possession allowed
Spanish mackerel	All year	14" TL	15
King mackerel	All year	23" TL	3
Cobia	All year	37" TL	Fishing from shore: 1 per angler. Fishing from vessel: 1 per vessel.
Monkfish (goosefish)	All year	17" TL
11" tail length #	no limit
Weakfish	All year	16" TL	1
10" fillet length+
12" dressed length**
Bluefish licensed party/ charter boat anglers ###	All year	No minimum size limit	5
Bluefish all other anglers	All year	No minimum size limit	3
Winter flounder	April 1-May 30	12" TL	2
Scup (porgy) licensed party/ charter boat anglers	May 1 - Aug. 31 Sept. 1 - Oct. 31 Nov. 1 - Dec. 31	11" TL 11" TL 11" TL	30 40 30
Scup (porgy) shore based anglers	May 1 - Dec 31	9.5" TL	30
Scup (porgy) all other anglers	May 1 - Dec 31	11" TL	30
Black sea bass	June 23-Aug. 31 Sept. 1-Dec. 31	16.5" TL 16.5" TL	3 6
Anadromous river herring (alewife and blueback herring) as defined in Part 10 of this Title (except the Hudson River and its tributaries and embayments north of the George Washington Bridge at river mile 11)	Possession prohibited
American shad	Possession prohibited
Hickory shad	All year	No minimum size limit	5
Oyster toadfish	Jan. 1-May 14 and July 16-Dec. 31	10" TL	3
Atlantic menhaden	All year	No minimum size	100

* Total length is the longest straight line measurement from the tip of the snout, with the mouth closed, to the longest lobe of the caudal fin (tail), with the lobes squeezed together, laid flat on the measuring device, except that black sea bass are measured from the tip of the snout or jaw (mouth closed) to the farthest extremity of the tail, not including the tail filament.

# The tail length is the longest straight line measurement from the tip of the caudal fin (tail) to the fourth cephalic dorsal spine (all dorsal spines must be intact), laid flat on the measuring device.

+ The fillet length is the longest straight line measurement from end to end of any fleshy side portion of the fish cut lengthwise away from the backbone, which must have the skin intact, laid flat on the measuring device.

** Dressed length is the longest straight line measurement from the most anterior portion of the fish, with the head removed, to the longest lobe of the caudal fin (tail), with the caudal fin intact and with the lobes squeezed together, laid flat on the measuring device.

**** See special regulations contained in paragraph (h)(3) of this section.

### See special regulations contained in paragraph (h)(4) of this section.

(g)

(1) Except as provided in paragraphs (4) and (5) of this subdivision, it is unlawful for any person to possess striped bass from which the head or tail has been removed or that have been otherwise cleaned, cut, filleted or skinned so that the total length or identity cannot be determined; except that it is not unlawful if such fish is being prepared for immediate consumption or storage at a domicile or place of residence.

(2) No person shall take striped bass for recreational purposes other than by angling and spearing.

(i) Recreational anglers are required to use a non-offset circle hook when fishing for striped bass with any natural bait. Striped bass caught on any other type of hook baited with natural bait must be returned to the water immediately without unnecessary injury.

(ii) When fishing recreationally, the use of a gaff to land or assist in landing striped bass is prohibited. No person shall gaff or attempt to gaff striped bass at any time when fishing recreationally.

(3) During the closed recreational season for striped bass, catch and release fishing by angling only is permitted. Catch and release fishing is defined as a fishery where the fish are returned to the water. During the closed season all striped bass taken shall be returned to the water immediately without unnecessary injury.

(4) Any person who holds a valid Marine and Coastal District Party and Charter Boat License issued pursuant to Environmental Conservation Law 13-0336 may fillet striped bass taken on the permitted party or charter vessel identified on his or her license under the following conditions:

(i) fish may be filleted for customers only;

(ii) Only fish which are legally possessed may be filleted and fillets are limited to two per legal fish;

(iii) striped bass may only be filleted prior to customers leaving the vessel or the dock area prior to customers departing the area;

(iv) it is unlawful to mutilate any striped bass carcass to the extent that the total length or species of fish cannot be determined;

(v) all striped bass carcasses must be retained (unmixed with any other material) in a separate container readily available for inspection until such time as the vessel has docked and all passengers from that trip have left the vessel and the dock area. Any such carcasses are included in the possession limit; and

(vi) all striped bass carcasses from any previous trip must be disposed of prior to any person beginning to fish on a subsequent trip;

(vii) all Marine and Coastal District Party and Charter Boat License holders must provide each customer who possesses striped bass fillets with a commercially printed, dated original fare receipt, bearing the boat's name and the owner or operator's Party and Charter Boat License number. Any customer of a party or charter boat operated by a Marine and Coastal District Party and Charter Boat License holder who is in possession of striped bass fillets must possess an original dated receipt from that party or charter vessel.

(5) Violators of any of the provisions of this subdivision are subject to the penalties established pursuant to the provisions of article 71 of the Environmental Conservation Law and may be subject to license revocation pursuant to Part 175 of this Title.

(h)Summer flounder scup, and bluefish recreational fishing- special regulations.

(1) Except as provided in this paragraph or paragraph (2) of this subdivision, no person shall possess summer flounder from which the head or tail has been removed or that has been otherwise cleaned, cut, filleted or skinned so that the total length or identity cannot be determined. This prohibition shall not apply to fish being prepared for immediate consumption or storage at a domicile or place of residence. White side fillets and skin may be removed for use as bait provided the carcass of the summer flounder with dark side completely intact is retained and available for inspection to determine compliance with the size limit. Any such carcasses count against the possession limit. It is unlawful to discard overboard the carcass of any summer flounder from which a fillet or skin has been removed as bait once fishing has begun.

(2) Holders of a valid New York State marine and coastal district party and charter boat license, issued pursuant to Environmental Conservation Law, section 13-0336, may fillet summer flounder on board the vessel covered by the license subject to the following conditions:

(i) For each fishing trip taken by a vessel, summer flounder parts or racks (remains of fish after fillets have been removed) must not be discarded overboard once any person on board the vessel begins to fish and until the vessel returns to its dock.

(ii) Summer flounder racks must not be mutilated to the extent that the length or species of fish cannot be determined.

(iii) All summer flounder racks must be retained (unmixed with any other material) in a separate container readily available for inspection until such time as the vessel has docked and all passengers from that trip have disembarked.

(iv) All summer flounder racks from the previous trip must be disposed of prior to any person beginning to fish on a subsequent trip.

(v) Violators of any of the provisions of this subdivision are subject to the penalties established pursuant to the provisions of article 71 of the Environmental Conservation Law and may be subject to license revocation pursuant to Part 175 of this Title.

(3) Party and Charter Boat License holders must provide each customer who possess more than 30 scup during the period of September 1 through October 31 with a commercially printed, dated original fare receipt, bearing the vessel's name and the permit number. The customer of any licensed party or charter boat who lands or possesses more than 30 scup during the period of September 1 through October 31 must possess an original receipt from that party or charter boat.

(4) Party and charter boat license holders must provide each customer who possesses more than 3 bluefish with a commercially printed, dated original fare receipt, bearing the vessel's name and the permit number. The customer of any licensed party or charter boat who lands or possesses more than 3 bluefish must possess an original receipt from that party or charter boat.

(i) Table B - Commercial Fishing

*Species*	*Open season*	*Minimum length*	*Trip limit*
Striped Bass (the area east of a line drawn due north from the mouth of Wading River Creek and east of a line at 73 degrees 46 minutes west longitude, which is near the terminus of East Rockaway Inlet)	May 15-Dec. 15#	Not less than 26" TL nor greater than 38" TL	See subdivision (j) of this section
Red drum	All year	No minimum size limit	no limit for fish less than 27" TL. Fish greater than 27" TL shall not be possessed.
Tautog (Long Island Sound Management Region)	May 7 - July 31 Sept. 1 - Nov 23	15" TL 15" TL	25 per vessel (except, 10 per vessel when fishing lobster pot gear and more than six lobsters are in possession)
Tautog (New York Bight Management Region)	April 16 - Jan. 25	15 TL	25 per vessel (except, 10 per vessel when fishing lobster pot gear and more than six lobsters are in possession)
American eel	All year	9" TL	no limit
Pollock	All year	19" TL	no limit
Haddock	All year	19" TL	no limit
Atlantic cod++	All year	19" TL	50 pounds
Summer flounder	All year	14" TL	A trip limit, set by the department in consultation with the commercial fishing industry, consistent with the requirements of the Interstate Fishery Management Plan for summer flounder. The department, in its discretion, may establish a weekly limit authorizing holders of commercial summer flounder permits to possess and land up to a specified amount of summer flounder in a seven- day period.
Yellowtail flounder	All year	13" TL	no limit
Atlantic sturgeon	No possession allowed
Spanish mackerel	All year	14" TL	3,500 pounds in possession, per vessel
King mackerel	All year	23" TL	3,500 pounds in possession, per vessel
Cobia	All year	37" TL	2 per vessel
Monkfish (goosefish)	All year	17" TL 11" tail length+	No more than 25% of the total weight of monkfish landed per trip may be monkfish livers
Weakfish	Hook and line	16" TL	100 pounds
April 1-June 24 and	10" fillet length**
Aug. 28-Nov. 15	12" dressed length##
All other gears April 1-June 24 and Aug. 28-Nov. 15	100 pounds
June 25-Aug. 27 and Nov. 16-March 31	No more than 100 pounds, per vessel, in the round***, and provided that at least an equal poundage of other foodfish species caught during the same trip is on board the vessel
Bluefish	Jan. 1-Dec. 31	9" TL	A trip limit set by the department and adjusted in consultation with the commercial fishing industry
Winter flounder	Pound and	12" TL	50 pounds
	trap nets
	July 26-
	June 14
	Fyke nets	12" TL	50 pounds
	Oct. 1- March 22
	All other	12" TL	50 pounds
	gear
	Dec. 1-June 13
Scup	All year	9" TL	A trip limit set by the department to be consistent with the requirements of the Interstate Fishery Management Plan for scup. The department, in its discretion, may establish a weekly limit or a biweekly limit authorizing holders of New York State commercial foodfish licenses to possess and land up to a specified maximum quantity of scup in a seven day (weekly limit) or fourteen-day (biweekly limit) period.
Black sea bass	All year	11" TL	A trip limit set by the department to be consistent with the requirements of the Interstate Fishery Management Plan for Black Sea Bass. The department, in its discretion, may authorize up to two commercial license holders per vessel to possess the black sea bass trip limit on any one calendar day
American shad	Possession prohibited
Oyster toadfish	Jan. 1-May 14 and	10" TL	25
	July 16-Dec. 31
Anadromous river herring (alewife and blueback herring) as defined in Part 10 of this Title (except the Hudson River and its tributaries and embayments north of the George Washington Bridge at river mile 11)	No open season		No possession allowed except that vessels fishing exclusively in the Federal ocean waters of the Exclusive Economic Zone while operating under a valid Federal permit for Atlantic mackerel and/or Atlantic herring, may possess river herring up to a maximum of five percent, by weight, of all species possessed. A person shall not barter, sell, offer for sale, or expose for sale, any river herring so possessed).
Atlantic menhaden	All year	No minimum size limit	A trip limit set by the department to be consistent with the requirements of the Interstate Fishery Management Plan for Atlantic menhaden.

*Total length is the longest straight line measurement from the tip of the snout, with the mouth closed, to the longest lobe on the caudal fin (tail), with the lobes squeezed together, laid flat on the measuring device, except that black sea bass are measured from the tip of the snout or jaw (mouth closed) to the farthest extremity of the tail, not including the tail filament.

#The commercial striped bass fishery may be closed before December 31st if the allowable harvest cap is projected to be met prior to such date.

+The tail length is the longest straight line measurement from the tip of the caudal fin (tail) to the fourth cephalic dorsal spine (all dorsal spines must be intact), laid flat on the measuring device.

**The fillet length is the longest straight line measurement from end to end of any fleshy side portion of the fish cut lengthwise away from the backbone, which must have the skin intact, laid flat on the measuring device.

++ Any amount of Atlantic cod legally harvested from waters outside the state may be possessed on board vessels transiting state waters and may be landed in New York at any time. Persons on such vessels may not fish for Atlantic cod in state waters while utilizing this transit provision.

(j)Striped bass commercial fishing-special regulations.

(1) General provisions. The total season harvest may not exceed the amount approved for New York by the Atlantic States Marine Fisheries Commission pursuant to the Interstate Fishery Management Plan for striped bass. The annual quota shall be adopted by directive issued by the Chief, Bureau of Marine Resources, consistent with the provisions of subdivision (u) of this section.

(2) Striped bass legally harvested from other states may be sold or offered for sale during New York's closed commercial season provided they meet the provisions of paragraph (23) of this subdivision.

(3) Except as provided in paragraph (g)(4) of this section, it is unlawful to possess striped bass from which the head or tail have been removed or that have been otherwise cleaned, cut, filleted, or skinned so that the total length or identity cannot be determined unless such fish is being prepared for immediate consumption.

(4) It is unlawful for any person to take or possess striped bass for commercial purposes on any charter vessel, open boat or any other vessel while carrying passengers for hire for the purpose of fishing. All persons on such vessel carrying passengers for hire for the purpose of fishing must comply with Table A of this section and any special regulations and shall not possess striped bass tags or tagged striped bass.

(5) Conviction for or civil settlement of a violation of any provision of subdivision (d) or (g) of this section may disqualify the convicted or settling person from receiving future striped bass permits pursuant to Part 175 of this Title.

(6) The department may close the commercial fishery for striped bass when the harvest is projected, based upon weekly reports and independent monitoring of the commercial fishery, to exceed the total allowable harvest in pounds. Written notice will be sent to all permitted fishers and to dealers known to handle striped bass prior to the closure of the commercial striped bass fishery.

(7) The department shall subtract any overharvest which exceeds the commercial harvest cap from the following year's harvest cap.

(8) Permits.

(i) It is unlawful for any person to take striped bass for commercial purposes without having in possession a valid striped bass commercial permit. The department may permit a one-time reissuance of a striped bass commercial harvesters permit pursuant to the provisions of the Environmental Conservation Law, section 13-0328(6). Upon reissuance, the former holder of such permit shall waive eligibility for striped bass commercial harvesters permits, and all rights and responsibilities associated with such permit shall pass to the recipient of such reissued permit.

(ii) Permits to take a full quota share of striped bass will be issued at no cost to persons who currently possess a valid New York State commercial food fish license and who previously held a New York State license to sell striped bass during 1984, 1985, 1990, 1991, 1992, 1993, 1994, or 1995 and who can demonstrate through Federal or New York State income tax records that 50 percent or more of his or her earned income resulted from his or her direct participation in the harvest of marine fish, shellfish, crustaceans or other marine biota in any one year during the period 1994 through 2004. A complete copy of such tax record must be filed with the department upon application.

(iii) Permits to take a partial quota share of striped bass will be issued at no cost to persons who currently possess a valid New York State commercial food fish license and who previously held a New York State license to sell striped bass during 1984, 1985, 1990, 1991, 1992, 1993, 1994, or 1995 but who cannot demonstrate that they earned 50 percent or more of their earned income from the direct participation in the harvest of marine fish, shellfish, crustaceans or other marine biota.

(iv) Any holder of a partial share permit may apply for a full share permit by demonstrating through Federal or State tax records that 50 percent or more of his or her earned income has been derived from the direct participation in the harvest of marine fish, shellfish, crustaceans or other marine biota during the preceding year.

(v) Beginning in 2005, and continuing at five year intervals, each striped bass commercial harvesters permit holder in the full share category must file with the department a complete copy of his or her federal or state income tax records from one of the preceding three years. Such tax records must be filed before the June 1 deadline for receipt of applications. Such tax records must demonstrate that the permit holder has, as stated in subparagraph (ii) above, maintained the 50 percent earned income level in order to remain a participant in the full share category. Failure to file a timely and complete copy of federal or state income tax records which demonstrate that the permit holder has maintained the 50 percent earned income level will result in the permit holder being placed into the partial share category. Thereafter, the rules pertaining to partial share permit holders provided in subparagraph (iv) above apply. This requirement shall be suspended in 2015, until either reinstituted upon notification by the department or replaced with an alternate system of determining shares and qualifications for shares.

(9) Applications for striped bass commercial harvesters permits will be accepted until close of business April 15. Any application for a striped bass commercial harvesters permit received after close of business April 15 will not be entertained by the department.

(10) It is unlawful for any person to transfer or assign striped bass commercial permits or tags provided with such permit to another person. It is unlawful for any person to possess striped bass tags which were issued to another permit holder. It is unlawful for any person to possess striped bass bearing unlawfully transferred striped bass tags issued to another permit holder.

(11) Commercial tags and tagging. The department will issue serialized tags to permitted fishers. Tags will be issued in two categories, full share and partial share holders. A full share of the tags will be issued to those fishers who are the holders of a full share permit; and a partial share of the tags will be issued to the holders of a partial share permit. Individual tag allocations for all permit holders are achieved by first dividing New York's commercial striped bass quota by all eligible permit holders. A partial share permit holder receives 20 percent of this individual allocation. The full share individual quota is derived by subtracting the partial share quota from the total and dividing by the number of full share permit holders to achieve the individual full share allocation.

(12) Tags will be issued in equal numbers to each participant within each category described in paragraph (11) of this subdivision.

(13) Each permittee will be provided, in batches, a number of tags equal to their individual quota. A permittee will be required to pay a fee per tag issued to them. The department will advise permit holders of the fee per tag each year when commercial tag order forms are distributed. The fee for tags must be paid in full before the permittee receives their tag allocation for the current year. No refunds or replacements will be made for tags which are lost, broken, confiscated or unused.

(14) Once a permittee's allocation of tags are used, he or she may not take striped bass for commercial purposes.

(15) It is unlawful to sell or offer for sale untagged striped bass or striped bass fillets or steaks unless the tagged carcass from which such fillets or steaks were removed is present and available for inspection. Possession of untagged striped bass or striped bass fillets or steaks without the properly tagged carcass in establishments where fish are sold or offered for sale (including wholesale establishments, retail establishments and restaurants) is presumptive evidence of intent to sell, trade or barter such striped bass.

(16) It is unlawful to reuse or alter any striped bass tag. Any permittee losing tags must report such loss to the department on their weekly reports.

(17) A striped bass commercial permittee who takes and possesses a striped bass of legal commercial slot size shall immediately attach and securely lock into place through the mouth and gill a numbered strap tag issued by the department immediately after removing said striped bass from their gear and prior to attending another piece of gear. All striped bass not of legal commercial slot size shall be returned to the water immediately without unnecessary injury. Possession of striped bass not tagged as required by this subdivision is prohibited.

(18) It is unlawful to sell striped bass which are not properly tagged, as described in paragraph (17) of this subdivision. Retail markets may prepare portions of legally tagged striped bass for the consumer and must retain the tagged carcass until all portions are sold. The tag must then be removed from the rack and then destroyed by cutting the tag in two.

(19) It is unlawful for any person to possess striped bass tags or tagged striped bass in the marine and coastal district and the shores thereof west of a line drawn due north from the mouth of Wading River Creek and west of a line at 73 degrees 46 minutes west longitude, which is near the terminus of East Rockaway Inlet. The closed area includes Jamaica Bay and all tributaries.

(20) Reporting requirements. Reporting requirements.

(i) Fishing vessel trip reports. Any person who is a holder of a striped bass commercial permit shall complete and submit an accurate fishing vessel trip report for each commercial fishing trip, detailing all fishing activities and all species landed, pursuant to paragraph (c)(1) of this section. Fishing vessel trip reports shall be completed, signed, and submitted to the department for each month; if no fishing trips were made for striped bass during a month, a report must be submitted for that month stating no striped bass trips were made. Permit holders who operate or who fish from a federally permitted vessel and take striped bass must submit the federal trip information to the department for each trip. This trip information includes but is not limited to the permit holder's permit number, the federal trip identification number, the number of tags used, the amount of striped bass landed (in pounds), disposition of striped bass, gear type, and tag serial numbers. This information must be reported on a form approved by the department. Permit holders must submit the last report five days after the close of the commercial striped bass season or within five days after all striped bass tags are used. Permit holders must submit all required information, including, but not limited to, the name of the vessel, the permit number(s), trip type, all species taken, the striped bass tag serial numbers used for the trip, the weight (in pounds), and number of striped bass taken, the name and signature of the permit holder, and the date signed. All reports must be complete. Incomplete fishing vessel trip reports or unsigned reports will not satisfy these reporting requirements and may be returned to the permit holder who submitted them for completion. Once commercial striped bass permit holders have reported 100 percent use of the individual allocation of tags, they are no longer required to submit reports for striped bass. Permit holders who fail to submit acceptable fishing vessel trip reports to the department may be denied future commercial striped bass fishing permits pursuant to Part 175 of this Title.

(ii) Striped bass tags. All striped bass commercial permit holders must return any unused tags to the department by December 20th of the year the tags were issued. Permit holders who fail to return unused tags may be denied future commercial striped bass fishing permits pursuant to Part 175 of this Title. Permit holders who fail to accurately account for all tags may receive a reduction in the number of tags allocated in the next fishing season in which the permit holder applies for a striped bass commercial permit. This reduction in tags will be equal to the number of tags not accounted for in the previous fishing season.

(21) Manner of taking. Striped bass may be taken for commercial purposes by using any of the following gear types only: hook and line, pound net, trap net, gill net as specified in section 40.5(e) of this Part, or as by-catch in otter trawls. Permit holders may use any of the legal gears to catch their individual allocation of striped bass. Otter trawl by-catch is limited to 21 striped bass per vessel per trip and shall be separately boxed. All other types of gear are prohibited for use in taking striped bass, including but not limited to: haul seines and spears.

(22) No person shall possess striped bass or striped bass tags while in possession of a seine.

(23) Special permits. The department may permit the sale of striped bass taken in another state provided that (i) the Department of Health certifies, based on sampling and analysis provided by such state, that such striped bass meet all standards for sale of fish in this State, (ii) such striped bass are of a size within the New York State slot size limit, (iii) such striped bass are tagged with serially numbered tags provided by the state of origin, and (iv) such state authorizes sale within its borders of striped bass taken in New York. Nothing in this section is deemed to prohibit the lawful transportation through the state of striped bass lawfully taken from waters outside the state to other states, provided that such fish are in their original unopened container and written documentation of their origin and destination accompanies such container.

(24) The department may authorize the sale of striped bass from marine hatcheries or off bottom culture facilities permitted pursuant to Part 48 of this Title.

(25) The department may permit the importation and sale of striped bass hybrids or striped bass from aquaculture facilities outside of New York State provided that the facility or jurisdiction within which such facility is located provides for hybrid striped bass documentation as to the origin of these fish in a manner acceptable to the department and for striped bass said documentation as well as individual tagging acceptable to the department.

(k)Atlantic sturgeon commercial fishing-special regulations.

(1) Any Atlantic sturgeon inadvertently taken in New York must be returned to the water immediately without unnecessary injury.

(2) It is unlawful for any person to sell, import, traffic in or possess Atlantic sturgeon or Atlantic sturgeon products in New York.

(3) Any person violating any provision of these regulations may be subject to license revocation as provided in Part 175 of this Title.

(l)Summer flounder (fluke) commercial fishing-special regulations.

(1) The total annual harvest of summer flounder for the period January 1st through December 31st, is the amount allocated annually to New York State by the National Marine Fisheries Service (NMFS) in the United States Department of Commerce and/or the Atlantic States Marine Fisheries Commission (ASMFC).

(2) Following consultation with the commercial fishing industry, the department may establish quota periods, allocations for quota periods, trip limits, and directed fishery thresholds for summer flounder, pursuant to subdivision (u) of this section, consistent with the annual allocation (quota) assigned to New York such that harvest does not exceed such quota.

(3) When the department determines, based on a projection of any period's landings using the United States Department of Commerce, National Marine Fisheries Service's weekly dealer reports, that trip limits are necessary as provided in paragraph (2) of this subdivision, such trip limits will be required and enforceable upon 72 hours written notice to permit holders of the appropriate limit allowed per vessel for the specified permitted gear category for that time period. Such trip limits may be further reduced by written direction of the department if the projection of the landings indicates a closure will be required before the end of the period. In any month the trip limits may be increased if the projection of the landings indicates the period's total quota will not be caught. During periods of trip limits, all summer flounder not being held alive must be held together in a separate container or containers readily available for inspection and may not be mixed with other species while on board any vessel.

(4) If the department determines that the maximum allowable harvest of summer flounder for any time period established pursuant to paragraphs (2) and (3) of this subdivision will have been reached before the end of that period, harvesting for commercial purposes and possession of summer flounder shall be prohibited for all permit holders except as permitted in paragraph (5) of this subdivision.

(5) If the department closes the summer flounder fishery at any time between May 1st and October 31st, the harvesting and possession of summer flounder for commercial purposes shall be prohibited for all permit holders except for holders of fixed gear category summer flounder permits. Fixed gear category permit holders may harvest up to a limit of 100 pounds per trip during harvest closures that occur between May 1st and October 31st.

(6) Except as permitted in subdivision (e) of this section, 14 days following the beginning of any period when all commercial harvesting is prohibited, it is unlawful to possess summer flounder for sale, or offer summer flounder for sale, trade or barter during the period January 1st through April 30th and November 1st through December 31st and it is unlawful to sell or offer for sale, trade or barter summer flounder taken by gear other than fixed gear during the period May 1st through October 31st unless such summer flounder are separately boxed and properly tagged pursuant to the procedure set forth in subdivision (e) of this section.

(7) It is unlawful for any person to take summer flounder for commercial purposes without having in possession a summer flounder commercial permit. If the applicant for permit is a corporation, such application must name a specific vessel and a separate permit must be obtained for each vessel fishing owned by the corporation. Such corporate permits must be carried on the specific vessel named in the permit when that vessel is being used to take summer flounder for commercial purposes. For purposes of this subdivision, a person is presumed to be taking summer flounder for commercial purposes when that person possesses more summer flounder than the possession limit indicated in Table A of this section. A permit to take summer flounder will be issued at no cost to any person who meets the following criteria:

(i) currently possesses a valid New York State commercial food fish license and previously held a New York State commercial food fish license during 1992 or any subsequent year; and

(a) previously held a summer flounder commercial permit; or

(b) has on file with the department a 1994 summer flounder commercial permit application that was received prior to close of business on April 15, 1994; and

(c) (with respect to calendar year 1995 only) held a 1994 New York State commercial food fish license, and for whom the department finds that, based on advice received from the department in 1994, with respect to future requirements for summer flounder commercial permits, which advice subsequently proved to be affected by changes to eligibility requirements, the applicant relied upon such advice and either failed to apply for a permit or made an investment under the expectation that such a permit would be issued; and

(ii) can demonstrate through Federal or New York State tax records that 50 percent or more of his or her earned income during any one year in the period January 1988 to December 1992 or any subsequent year resulted from his or her direct participation in the harvest of marine fish, shellfish, crustacea or other marine biota. For purposes of this subdivision, earned income is defined as income derived from labor, professional service, or entrepreneurship as opposed to income derived from invested capital, retirement pay or pensions.

(8) Applications for a summer flounder commercial permit will be accepted from November 15th until close of business April 15th. Any application received after close of business April 15th will not be entertained. Incomplete applications received before close of business April 15th must be completed no later than close of business May 15th in order to be issued. No permit will be issued after May 15th. Applications arriving or remaining incomplete after that date will be returned without action.

(9) Permittees must state and affirm on the application form designed and provided by the department their name, address, commercial food fish license number, their intent to be permitted to use only fixed gear (pound/trap net), only hook and line gear or for the use of all gear. The commercial permit thereafter issued will authorize landings for that entire calendar year from that category of gear only and it will be unlawful to take summer flounder with gear other than that designated on the permit. Unless at least 50 permit holders select the hook and line gear category, there will not be a separate allocation of summer flounder reserved for those permit holders and they will then fish under the requirements for the all gear category.

(10) It is unlawful for any person to land summer flounder for commercial purposes without having in possession a summer flounder commercial permit or a summer flounder landing permit provided by the department upon application on the form provided by the department. If the applicant for a permit is a corporation, such application must name a specific vessel and a separate permit must be obtained for each vessel owned by that corporation. Such corporate permits must be carried on the specific vessel named in the permit when that vessel is being used to land summer flounder for commercial purposes. A landing permit will be issued at no cost to any person who meets the following criteria:

(i) currently possesses a valid New York State food fish landing license and previously held a New York State commercial food fish landing license during 1992 or any subsequent year; and

(a) previously held a summer flounder commercial permit or a summer flounder landing permit; or

(b) has on file with the department a 1994 summer flounder commercial permit application or summer flounder landing permit application received prior to close of business on April 15, 1994; and

(11) Permits issued under this subdivision will be nontransferable except the department may permit a one-time reissuance of a summer flounder commercial harvesters permit pursuant to the provisions of Environmental Conservation Law, section 13-0328(6). Upon reissuance, the former holder of such permit will waive eligibility for summer flounder commercial harvesters permits and all rights and responsibilities associated with such permit shall pass to the recipient of such reissued permit. Summer flounder commercial permits will expire on the last day of December of each year.

(12) Permit modification, suspension or revocation will be pursuant to Part 175 of this Title.

(13) The possession of summer flounder for commercial purposes from which the head or tail have been removed or that have been otherwise cleaned, cut, filleted, or skinned so that the total length or identity cannot be determined, and which are not in properly labeled containers as required by subdivision (e) of this section, is prohibited unless such summer flounder are in a wholesale or retail establishment or restaurant for sale to the consumer.

(14) No person may commercially harvest, sell, offer for sale, trade or barter or possess summer flounder except in compliance with this subdivision.

(15) The department may, under mutual agreement with another state and with the concurrence of the Regional Administrator of the Northeast Region, National Marine Fisheries Service, transfer summer flounder quota to that state or combine the summer flounder quota from that state with the New York quota.

(16) Any holder of a New York commercial food fish license who is the owner or operator of a fishing vessel not holding a Federal Fisheries Permit for summer flounder issued by the United States Department of Commerce must complete a daily fishing log supplied by the Regional Administrator of the National Marine Fisheries Service, Northeast Region. Failure to complete a log may result in a denial of a future application for a summer flounder permit.

(17) All persons who hold a summer flounder commercial hook and line permit shall file an accurate weekly report on all summer flounder harvesting activities on the State copy of the fishing vessel trip report forms as required in subdivision (c) of this section, whether or not any summer flounder were actually taken. The State copies of the fishing vessel trip report for a given week will be due to the department on a weekly basis, within five days following the Saturday of each week. Failure to complete and file an acceptable weekly report with the department may result in a denial of a future application for a summer flounder permit.

(m)Bluefish commercial fishing-special regulations.

(1) The total annual harvest of bluefish may not exceed that amount annually allocated to New York State by the National Marine Fisheries Service (NMFS) in the United States Department of Commerce and/or the Atlantic States Marine Fisheries Commission (ASMFC) for the period January 1st through December 31st.

(2) Following consultation with industry, the department may establish quota periods, trip limits and directed fishery thresholds such that the harvest does not exceed the quota assigned to New York.

(3) When the department determines, based on a projection of landings using the United States Department of Commerce, National Marine Fisheries Service's weekly dealer reports, that trip limits are necessary as provided in Table B of subdivision (i) of this section, such trip limits will be required and enforceable upon 72 hours written notice to license holders of the appropriate limit allowed per vessel for that time period. Such trip limits may be further reduced by written direction of the department if the projection of the landings indicates a closure will be required before the end of the period. In any month the trip limits may be increased if the projection of the landings indicates the total quota will not be caught.

(4) During periods of trip limits, all bluefish must be held together in a separate container or containers readily available for inspection and may not be mixed with other species while on board any vessel.

(5) If the department determines that the maximum allowable harvest of bluefish will have taken place before the end of that period, harvesting for commercial purposes and possession of bluefish will be prohibited for all license holders as directed by the department upon 72 hours written notice to commercial food fish license holders.

(6) Fourteen days following the beginning of any period when all commercial harvesting is prohibited, it shall be unlawful to possess bluefish for sale, or offer bluefish for sale, trade or barter, except as permitted in subdivision (e) of this section.

(7) It is unlawful for any person to take bluefish for commercial purposes without having in possession a valid New York State commercial food fish license. For purposes of this subdivision, a person is presumed to be taking bluefish for commercial purposes when that person possesses more bluefish than the possession limit indicated in Table A of subdivision (f) of this section.

(8) The possession of bluefish for commercial purposes from which the head or tail have been removed or otherwise cleaned, cut, filleted, or skinned so that the total length or identity cannot be determined and which are not in containers tagged as required by subdivision (e) of this section is prohibited unless such bluefish are in a wholesale or retail establishment or restaurant for sale to the consumer.

(9) No person may commercially harvest, sell, offer for sale, trade or barter or possess bluefish except in compliance with this subdivision.

(10) The use of pair trawls, two boat trawls or paranzella nets for the taking of bluefish is prohibited. The possession or landing of bluefish from any vessel having aboard a pair trawl, two boat trawl or paranzella net is also prohibited.

(11) The department may, under mutual agreement with another state and with the concurrence of the Regional Administrator of the Northeast Region, National Marine Fisheries Service, transfer bluefish quota to that state or combine the bluefish quota from that state with the New York quota.

(12) Any holder of a New York commercial food fish license who is the owner or operator of a fishing vessel not holding a Federal fisheries permit for bluefish issued by the United States Department of Commerce must complete a daily fishing log supplied by the Regional Administrator of the National Marine Fisheries Service, Northeast Region. Failure to complete a log may result in a denial of future participation in the bluefish fishery.

(n)Winter flounder commercial fishing-special regulations.

(1) The use of a gill or trammel net for the taking of winter flounder is prohibited.

(2) Winter flounder legally harvested from waters outside the State may be possessed on board vessels transiting State waters, and may be landed in New York at any time. Persons on such vessels may not fish for winter flounder in State waters or possess winter flounder while fishing in State waters with those gear types seasonally prohibited under Table B of this section.

(o)Tautog commercial fishing-special regulations.

(1) It shall be unlawful to take or land tautog from any boat or vessel for commercial purposes in excess of the commercial possession limit regardless of the number of commercial license holders aboard such boat or vessel.

(2) No individual may place tautog in storage in the waters of the marine and coastal district in excess of the recreational possession limit unless he or she is the holder of a commercial license issued pursuant to section 13-0335 of the Environmental Conservation Law (food fish license).

(3) Any containers, pens or live cars placed in the waters of the marine and coastal district to store tautog for commercial purposes must be clearly labeled and have visible on the top of such container, pen or live car the name and food fish license number of the person responsible for the fish stored within such containers, pens or live cars.

(4) No individual may possess tautog in storage in the waters of the marine and coastal district in excess of the commercial possession limit unless the individual submits trip reports for all live stored tautog, as specified in subparagraph (5)(iv) of this subdivision, to the department within twenty-four hours of landing. Individuals must retain copies of submitted trip reports for inspection onboard their vessel during the tagging season.

(5) Commercial Tagging Requirements.

(i) All commercially harvested tautog must be tagged with a single-use serialized tag as specified by the department. Only tags issued for the tautog tagging season in which the fish was harvested may be applied to tautog. Tags must be applied to one of the tautog's gill plates with the tag information visible on the outside of the fish. Tags must be applied prior to any commercially harvested species from the trip being offloaded or transferred to shore, to another vessel, to an in-water storage unit, or to any pier, wharf, dock or similar structure.

(ii) Possession of a valid food fish license, issued pursuant to section 13-0335 of the Environmental Conservation Law, is required to be eligible to order tags. A tag order must be submitted and approved by the department before any tags can be issued. The license holder may be required to pay a fee not to exceed 35 cents per tag issued to the license holder. Any required fee for the tags must be paid in full before tags will be issued to the license holder. No refunds or replacements will be made for tags which are lost, damaged, returned, confiscated, or stolen. After the license holder's initial tag order, the license holder must account for eighty percent of the tags the license holder has been issued during the current tagging season before the license holder's next tag order can be approved. Tags must be accounted for through trip reports or damaged tags returned to the department. Failure to account for over twenty percent of the tags issued to the license holder during the current tagging season will result in the department denying any additional tag orders for the current tagging season. A license holder whose tag order has been denied may submit an excessive loss application, on a form provided by the department, for the opportunity to receive one additional tag order during that tagging season.

(iii) The maximum number of tags that may be issued in a single tag order is the highest historical number of tautog reported as landed in one calendar year by the license holder during one of the previous three calendar years immediately preceding the year of issue. For purposes of determining the amount of reported landings, only the following documented landings will be counted: landings submitted to the department through state vessel trip reports, federal vessel trip reports, and landings submitted electronically through the Atlantic Coastal Cooperative Statistics Program. A license holder who is unable to document a history of tautog landings in one of the three calendar years immediately preceding the year of issue, is eligible to submit one tag order per business week for a maximum of 50 tags per tag order.

(iv) In addition to the trip reporting requirements in subdivision 40.1(c), food fish license holders harvesting tautog must also include the following information in their trip reports: the tautog tag serial numbers used for the trip, the weight of the tautog (in pounds), and the number of tautog taken. License holders who operate federally permitted vessels and harvest tautog must complete and submit the State copy of their fishing vessel trip report (NOAA Form No. 88-30) to the department for each commercial tautog trip. License holders must submit their final tautog report, along with the NY Tautog Tag Accounting Form, by February 15 for the previous tagging season. License holders who fail to submit complete and accurate reports to the department by February 15 may not be eligible to receive tautog tags for the following tagging season.

(v) It is unlawful to reuse or alter any tautog tag. Any license holder who loses tags must report the loss to the department on their fishing reports or through a form provided by the department within twenty-four hours. Tautog tags are non-transferable, and it is unlawful for any person to possess tautog tags issued to another license holder, except as a designated agent to pick up and deliver a tag order from the department. At no time may a designated agent be in possession of another license holder's tags while onboard a vessel or in possession of tautog.

(vi) All food fish license holders who are issued tautog tags must return any unused or damaged tags to the department by February 15 after the tagging season for which they were issued. A license holder who fails to return unused tags may not be eligible to receive tautog tags for the following tagging season.

(vii) It is unlawful to sell, or offer for sale, untagged whole tautog.

It is unlawful to sell, or offer for sale, tautog fillets or parts unless the tagged carcass from which such fillets or parts were removed is present and available for inspection. Possession of untagged tautog, or tautog fillets or parts without the properly tagged carcass, in establishments where fish are sold or offered for sale (including wholesale establishments, retail establishments, and restaurants) is presumptive evidence of the intent to sell, trade, or barter such tautog. All New York harvested tautog which are tagged during the tautog tagging season may be offered for sale, trade, or barter through March 15. After March 15, tautog tagged during the previous tautog tagging season must not be offered for sale, trade or barter.

(viii) Tautog legally harvested from other states, that are tagged with serially numbered tags provided by the state of origin, may be sold or offered for sale if the tautog meets all applicable provisions of the Environmental Conservation Law.

(p)American eel commercial fishing-special regulations.

(1) It shall be unlawful to use eel traps or pots in the waters of the marine and coastal district for commercial purposes with mesh sizes smaller than one inch by one-half inch unless such pots contain an escape panel that is at least four inches square with a mesh size of one inch by one-half inch located so that the panel is on a side, but not at the bottom of the trap or pot.

(2) Any containers, pens or live cars, placed in the waters of the marine and coastal district to store American eels for commercial purposes must be clearly labeled and have visible on the top of such container pen or live car the name and food fish license number of the person responsible for the fish stored within such containers, pens or live cars.

(q)Weakfish commercial fishing-special regulations.

(1) Except as provided in paragraph (2) of this subdivision, weakfish may only be sold, traded, bartered, offered for sale, or transported in New York during the open season, or within two weeks following the close of the season.

(2) Persons authorized by Table B may sell during any period where there is a closure for weakfish lawfully taken and landed provided that the fish are in boxes closed and sealed and the boxes are marked with a tag at least two inches wide and four inches long of substantial, water-resistant material. Such tag must indicate clearly the state of origin, the shippers name, location landed, and the date landed. Weakfish lawfully taken and landed in other states may be shipped into New York for trade, or sale during any closure, provided that they meet the tagging requirements above and that:

(i) such weakfish meet the minimum total length, fillet or dressed length requirement for this species; and

(ii) such state authorizes reciprocal privileges within its borders for weakfish taken in New York.

(3) Nothing in this subdivision shall prohibit the lawful transportation through the State of weakfish lawfully taken from waters outside the State to other states, provided that such fish are in their original unopened container and written documentation of their origin and destination accompanies such container.

(4) Except during the open season, it is unlawful for any person to land or possess on the waters of the marine district, weakfish from which the head or tail have been removed or that have been otherwise cleaned, cut, filleted, or skinned so that the total length or identify cannot be determined.

(5) The use of pair trawls, two boat trawls or paranzella nets for the taking of weakfish is prohibited. The landing of weakfish from any vessel having aboard a pair trawl, two boat trawl or paranzella net is also prohibited.

(r)Scup commercial fishing-special regulations.

(1) The total annual harvest of scup may not exceed that amount annually allocated to New York State by the National Marine Fisheries Service (NMFS) in the U.S. Department of Commerce and/or the Atlantic States Marine Fisheries Commission for the period May 1st through October 31st. Harvest limits for scup are based on the fishery management plan (FMP) for scup as adopted and approved by the Atlantic States Marine Fisheries Commission (ASMFC) and the Regional Fishery Management Council pursuant to the Fishery Conservation and Management Act, 16 U.S.C. section 1801, et seq. and the Atlantic Coastal Fisheries Cooperative Management Act, 16 U.S.C. section 5101, et seq.

(2) Quotas, trip limits and directed fishery thresholds for the periods of January 1st to April 30th and November 1st to December 31st will be established by NMFS. The department will establish trip limits and directed fishery thresholds within the periods of January 1st to April 30th and November 1st to December 31st consistent with those established by NMFS. Trip limits and directed fishery thresholds will be established for the period of May 1st to October 31st such that the harvest in this period does not exceed the quota assigned to New York by NMFS and/or the Atlantic States Marine Fisheries Commission. The department may establish trip limits within the period of May 1st to October 31st annually, based upon projected landings, and the FMP, following consultation with industry and appropriate notice to individual fishermen.

(3) When the department determines during the period of May 1st to October 31st, based on a projection of any period's landings using the NMFS weekly dealer reports, that adjustment of a trip limit is necessary as provided in paragraph (2) of this subdivision, such trip limits will be adjusted, and will be enforceable upon 72 hours written notice to license holders of the trip limit allowed per vessel for that time period. Such trip limits may be further reduced by written direction of the department if the projection of the landings indicates a closure will be required before the end of the period. In the period of May 1st to October 31st the trip limit may be increased if the projection of the landings indicates that period's total quota will not be caught. During periods of trip limits all scup not being held alive must be held together in a separate container or containers readily available for inspection and may not be mixed with other species while on board any vessel.

(4) If the department determines that the maximum allowable harvest of scup will have taken place in the time periods of January 1st to April 30th or November 1st to December 31st, harvesting for commercial purposes and possession of scup will be prohibited for all license holders during the remainder of the period. If the department determines that the maximum allowable harvest for scup will have taken place in the time period of May 1st to October 31st, harvesting for commercial purposes and possession of scup will be prohibited for all license holders except for holders of a summer flounder fixed gear permit (pound net/trap net only) as directed by the department upon 72 hours written notice to license holders.

(5) If the department closes the period, but unanticipated events result in the quota not being landed by the projected date and at least one month remains in the time period, then the department may reopen the period for a specified time and a specified trip limit up to the maximum allowed for that period upon 72 hours written notice to permit holders. If less than one month remains in the time period, the remaining quota available from that period will be added to the next open period in the same year.

(6) Fourteen days following the beginning of any period when commercial harvesting is prohibited, it shall be unlawful to possess scup for sale, or offer scup for sale, trade or barter except scup taken by gear other than fixed gear during the period of May 1st to October 31st and as provided for in subdivision (e) of this section.

(7) It is unlawful for any person to take scup for commercial purposes without having in possession a valid New York State commercial food fish license.

(8) The department may, under mutual agreement with another state and with the concurrence of the Regional Administrator of the Northeast Region, National Marine Fisheries Service or the Atlantic States Marine Fisheries Commission, transfer scup quota to that state or combine the scup quota from that state with the New York quota.

(s)Black sea bass commercial fishing-special regulations.

(1) Permits. Permits.

It is unlawful for any person to take or land black sea bass for commercial purposes without having in possession a valid New York State resident or non-resident commercial food fish license. For purposes of this subdivision, a person is presumed to be taking black sea bass for commercial purposes when that person possesses more black sea bass than the possession limit indicated in Table A of this section.

(2) Quota harvest and trip limits. Quota harvest and trip limits.

(i) The total annual harvest of black sea bass may not exceed that amount annually allocated to New York State by the National Marine Fisheries Service (NMFS) in the United States Department of Commerce and/or the Atlantic States Marine Fisheries Commission (ASMFC) for the period January 1st through December 31st. Annual harvest limits for black sea bass are based on the Fishery Management Plan (FMP) for black sea bass as adopted and approved by the Atlantic State Marine Fisheries Commission (ASMFC) and the Regional Fishery Management Council pursuant to the Fishery Conservation and Management Act, 16 U.S.C., section 1801, et seq. and the Atlantic Coastal Fisheries Cooperative Management Act, 16 U.S.C., section 5101, et seq.

(ii) Following consultation with industry, the department may establish quota periods, trip limits and directed fishery thresholds such that the harvest does not exceed the quota assigned to New York.

(iii) When the department determines, based on a projection of landings using the United States Department of Commerce, National Marine Fisheries Service's weekly dealer reports, that trip limits are necessary as provided in Table B of subdivision (i) of this section, such trip limits will be required and enforceable upon 72 hours' written notice to license holders of the appropriate limit allowed per vessel for that time period. Such trip limits may be further reduced by written direction of the department if the projection of the landings indicates a closure will be required before the end of the period. In any month, the trip limits may be increased if the projection of the landings indicates the total quota will not be caught.

(iv) If the department determines that the maximum allowable harvest of black sea bass will take place before the end of that period, harvesting for commercial purposes and possession of black sea bass will be prohibited for all license holders as directed by the department upon 72 hours' written notice to New York State resident and non-resident commercial food fish license holders. If the department closes the period, but unanticipated events result in the quota not being landed by the projected date, then the department may reopen the period for a specified time and a specified trip limit upon 72 hours' written notice to New York State resident and non- resident commercial food fish license holders.

(3) Possession, transport and sale. Possession, transport and sale.

(i) The possession of black sea bass for commercial purposes which the head or tail have been removed or otherwise cleaned, cut, filleted, or skinned so that the total length of identity cannot be determined, and which are not in labeled containers as required by subdivision (e) of this section, is prohibited unless such black sea bass are in a wholesale or retail establishment or restaurant for sale to the consumer.

(ii) During periods of trip limits, all black sea bass must be held together in a separate container or containers readily available for inspection and may not be mixed with other species while on board any vessel.

(iii) Fourteen days following the beginning of any period when all commercial harvesting is prohibited, it is unlawful to possess black sea bass for sale, or offer black sea bass for sale, trade or barter, except as permitted in subdivision (e) of this section.

(t)Marine and coastal district party and charter boat license requirements.

(1) Application for a marine and coastal district party and charter boat license pursuant to Environmental Conservation Law, section 13-0336 may be made by fully completing an application form provided by the department for that purpose. An application shall be accompanied by the appropriate license fee as specified in Environmental Conservation Law, section 13-0336. A license will be issued to the applicant subject to the following conditions:

(i) A license may be obtained for a specific vessel only by the vessel owner, lessee or other person having a legal right to operate the vessel as a party/charter boat.

(ii) A license will be issued in the name of only one person and will identify only one vessel. Licenses are valid for use only on the vessel identified on the license and may not be transferred to another vessel.

(iii) An applicant must provide the following:

(a) a copy of the vessel's state registration or United States Coast Guard documentation certificate;

(b) two passport size photographs of the applicant (waived for corporations); and

(c) a copy of the applicant's United States Coast Guard operator's license.

(2) Licenses must be available on the vessel for inspection at all times. License holders must display a valid marine district party/charter boat license decal whenever the vessel is operating as a party/charter boat. The decal must be displayed on the port side of the vessel, and be readily visible from the water or dock. The decal must be placed on the wheel house window or, in the case of craft with no enclosed cabin, on the console or windscreen. Vessels with no wheel house or console must display the decal in plain sight on the port side of the hull.

(3) Licenses are nontransferable and expire on December 31st of the year issued.

(u)Authority to establish fishing limits and closures for quota-based fisheries.

The Chief of the Bureau of Marine Resources within the Department's Division of Fish, Wildlife and Marine Resources is authorized to:

(1) establish, by directive, quota periods, allocations for quota periods, directed fishery thresholds, trip limits and weekly or biweekly limits according to the schedules required under the applicable provisions of this Part and provide written notice to applicable license and/or permit holders of the appropriate limits for the time specified;

(2) prohibit the harvesting for commercial purposes and possession of any species for which an annual harvest quota is established pursuant to this Part, by all applicable license/permit holders, when the determination has been made by the Bureau of Marine Resources that the maximum allowable harvest of that species, in any specified time period is projected to have taken place or has taken place. The chief will provide written notice of a closure directive to appropriate permit and license holders, the Division of Law Enforcement and the National Marine Fisheries Service's Northeast Regional Administrator;

(3) reopen any closed period as provided in this Part;

(4) specify, by directive, the threshold amounts of regulated species which will trigger the manner of taking and the gear which is required to be used pursuant to this Part once any threshold amounts have been taken;

(5) approve the export program of another state lawfully eligible to ship commercially taken marine fish species into New York during any closure periods or periods when possession in New York is restricted for a regulated species; and

(6) under mutual agreement with another state and with the concurrence of the Regional Administrator of the Northeast Region, National Marine Fisheries Service, or the Atlantic States Marine Fisheries Commission, transfer quota to that State or combine the quota from that State with the New York quota.

(v)Spiny dogfish commercial fishing-special regulations.

(1) It is unlawful for any person to take spiny dogfish for commercial purposes without having in possession a valid New York State commercial food fish license.

(2) Harvest limits for spiny dogfish are based upon the Fishery Management Plan (FMP) for spiny dogfish as adopted and approved by the Regional Fishery Management Council pursuant to the Fishery Conservation and Management Act, 16 U.S.C. section 1801, et seq. Quotas, trip limits, and directed fishery thresholds for the periods of May 1st through October 31st, and November 1st to April 30th will be established by the National Marine Fisheries Service (NMFS). The department will establish trip limits and directed fishery thresholds within the periods consistent with those established by NMFS. Such trip limits and thresholds will be enforceable upon 72 hours' written notice to license holders of the trip limit allowed per vessel for that time period. During periods of trip limits all spiny dogfish not being held alive must be held together in a separate container or containers readily available for inspection and may not be mixed with other species while on board any vessel.

(3) If the department determines that the maximum allowable harvest of spiny dogfish has been taken or will be taken by a date prior to the end of the applicable fishing period (either May 1st through October 31st or November 1st through April 30th), then harvesting for commercial purposes and possession of spiny dogfish shall be prohibited as directed by the department upon 72 hours' written notice to all commercial foodfish license holders.

(4) If the department closes the period, but unanticipated events result in the quota not being landed by the projected date, then the department may reopen the period for a specified time and a specified trip limit up to the maximum allowed for that period upon 72 hours' written notice to license holders.

(5) Fourteen days following the beginning of any period when commercial harvesting is prohibited, it shall be unlawful to possess spiny dogfish, or offer spiny dogfish for sale, trade or barter except as permitted in subdivision (e) of this section.

(w)American shad commercial fishing--special regulations.

(1) Any American shad inadvertently taken in New York must be returned to the water immediately without unnecessary injury.

(2) It is unlawful for any person to sell, import, traffic in or possess American shad or American shad products in New York except for fish or products from other than New York waters that are accompanied by a bill of lading or sale denoting the state of origin.

(3) Any person violating any provision of these regulations may be subject to license revocation as provided in Part 175 of this Title as well as other applicable penalties as set forth in law.

(x)Atlantic menhaden commercial fishing - special regulations.

(1) Permits. It is unlawful for any person to take or land menhaden for commercial purposes without having in possession a valid commercial food fishing license, commercial food fish landing license, a menhaden vessel license, or marine bait permit issued by the State of New York. For purposes of this subdivision, a person is presumed to be taking menhaden for commercial purposes when that person possesses more than 100 menhaden, or more than the possession limit for menhaden listed in Table A of this section, whichever is less. A person who holds a lobster bait gill net permit may take or land more than 100 menhaden; menhaden taken using this permit are for the sole use of the permittee to pursue the permittee's lobster fishery and may not be sold. A person who holds a lobster bait gill net permit must abide by the special regulations of this subdivision.

(2) Quota harvest and trip limits. Quota harvest and trip limits.

(i) The total annual harvest of menhaden may not exceed that amount annually allocated to New York State by the Atlantic States Marine Fisheries Commission (ASMFC) for the period January 1st through December 31st. Annual harvest limits for menhaden are based on the Fishery Management Plan (FMP) for menhaden as adopted and approved by the ASMFC pursuant to the Atlantic Coastal Fisheries Cooperative Management Act, 16 U.S.C., section 5101, et seq.

(iii) When the department determines, based on a projection of landings using daily fishing vessel trip reports, that trip limits are necessary as provided in Table B of subdivision (i) of this section, such trip limits will be required and enforceable upon 72 hours written notice to license holders referenced in paragraph (1) of this subdivision of the appropriate limit allowed per vessel for that time period. Such trip limits may be further reduced by written direction of the department if the projection of the landings indicates a closure will be required before the end of the period. In any time period, the trip limits may be increased if the projection of the landings indicates the total quota will not be caught.

(3) Fishery closures. Fishery closures.

(i) If the department determines that the maximum allowable harvest of menhaden will take place before the end of any period, the directed harvesting of menhaden for commercial purposes will be prohibited, except that the department may allow a bycatch of menhaden in non-directed fisheries, not to exceed 6,000 pounds daily per vessel trip. Directed harvest may be prohibited for all license holders, or for users of specific gear types as directed by the department upon 72 hours written notice to all license holders referenced in paragraph (1) of this subdivision. If the department closes the period, but unanticipated events result in the quota not being landed by the projected date, then the department may reopen the period for a specified time and a specified trip limit upon 72 hours written notice to all license holders referenced in paragraph (1) of this subdivision.

(4) Possession, transport and sale. Possession, transport and sale.

(i) During periods of trip limits, all menhaden must be held together in a separate container or containers readily available for inspection and may not be mixed with other species while on board any vessel.

(ii) During closed periods, no possession of menhaden shall be permitted on the waters of the marine and coastal district except as bycatch aboard vessels participating in other fisheries.

(5) Reporting requirements. Reporting requirements.

Any person who is the holder of a marine commercial food fishing license, commercial food fish landing license, a menhaden vessel license, marine bait permit, or lobster bait gill net permit issued by the State of New York shall report all harvest of menhaden in accordance with the requirements established in paragraph (c)(1) of this section.

(y)Cooperative Multi-State Possession and Landing Program.

(1) Eligibility.

(i) To be eligible to participate in the Program, a person must have:

(a) a valid marine commercial food fishing license issued by the department;

(b) a valid summer flounder commercial permit if the person intends to possess and land summer flounder;

(c) a current privilege to land the designated quota-based species in at least one cooperating state;

(d) no conviction or administrative penalty for violations of state commercial fishing regulations or laws within any cooperating state, or for violations of New York's commercial fishing regulations or laws, within the past three years; and

(e) demonstrated compliance with commercial fishing reporting requirements as provided in NYCRR 40.1(c)(1)(i) of this title.

(ii) To be eligible to land in New York State with a multi-state possession limit on board the vessel, the person shall have on board the vessel official documentation verifying their authorization to participate in the Program(s) of any cooperating state(s) in which the license holder plans to land the remainder of the multi-state possession limit.

(2) Applications.

(i) To be considered for admission into the Program, a person shall complete and submit an application form, issued by the department, to the Department's Division of Marine Resources. The application form may require the following information:

(a) name of applicant;

(b) address;

(c) license and permit numbers for commercial fishing licenses issued by the department, including those specific to summer flounder if necessary, and any cooperating states as applicable;

(d) name, make, model, vessel identification number, and home port of the commercial fishing vessel that will be used for all fishing conducted under the auspices of the Program;

(e) federal permit number;

(f) federal operator's license;

(g) New York port(s) of landing;

(h) port of landing in any cooperating state for which the applicant is privileged to land the quota-based species that is the subject of the Program;

(i) acknowledgement of all Program requirements to meet and maintain eligibility;

(j) acknowledgement that failure to comply with any Program requirement shall result in immediate revocation of the privilege to participate in the Program; and

(k) any other information that the Department determines is relevant to the applicant's eligibility to participate in the program.

(ii) The Program is only applicable to the quota-based species and period of time as specified by the department as part of the application form.

(3) Substantive requirements.

(i) If an applicant is deemed eligible to participate in the Program by the department, then the applicant shall be considered a Program participant, as confirmed by a letter from the department. Program participants must reapply annually to participate in the Program.

(ii) Program participants must strictly adhere to all applicable commercial fishing regulations, including the multi-state possession limit, as specified in 6 NYCRR Part 40, Marine Fish, and any applicable directives promulgated pursuant to the department's authority.

(iii) Each Program participant shall be granted a multi-state possession limit for the specified quota-based species at the beginning of the period designated by the Program.

(iv) Program participants will be subject to the following requirements during each fishing trip to maintain Program privileges:

(a) Program participants may only retain their multi-state possession limit when fishing on a permitted vessel associated with that Program participant's authorization;

(b) Program designated species catch intended for landing in New York and any cooperating state(s) must be stored such that the catch intended for each state is physically separated; catch intended for each state must be stored in separate totes and identified with a written sign as to the intended port of landing;

(c) all landings of the Program designated species in New York and any cooperating states must occur between the hours of 0600-2000; and

(d) Program participants intending to land summer flounder in New York must call the department (contact information will be provided in the application materials) at least two hours prior to landing, and provide intended port and facility of landing, estimated time of landing, total weight of summer flounder to be landed in New York, and intended ports of landing and total weight for any summer flounder to be landed in cooperating states.

(v) The department may revoke, in writing, the Program privileges of any Program participant should the department determine that such Program participant:

(a) has been issued an infraction, misdemeanor summons, or notice of violation(s) of any state or federal commercial fishing regulations;

(b) did not report landings as required in NYCRR 40.1(c)(1)(i) of this title;

(c) exceeded the multi-state possession limit that the Program participant has been granted;

(d) violated any provision of Article 13 of the New York Environmental Conservation Law or any Regulation of New York State Agencies promulgated thereunder including but not limited to this title; or

(e) has Program privileges revoked by a cooperating state.

(vi) In the event that a Program participant's privileges are revoked, the permitted vessel associated with that program participant's authorization is no longer eligible to participate in the Program.

(vii) Any Program participant, whose Program privileges have been revoked by the department, may, within 30 days of receipt of the revocation notice, submit a written appeal addressed to Director, Division of Marine Resources, NYS Department of Environmental Conservation, 205 N. Belle Mead Road, Suite 1, E. Setauket, NY 11733. Such appeal shall include a written statement addressing the grounds for revocation, as stated by the department in the revocation notice, and explaining why those grounds are not accurate. Should the Director determine that the revocation of Program privileges was appropriate, the former Program participant may not apply for admittance into the Program for a period of five years from the date of revocation.

(z)Illex and Longfin squid commercial fishing - special regulations.

(1) It is unlawful for any person to take or land 'Illex' or Longfin Squid for commercial purposes without having in possession a valid New York State commercial food fish license.

(2) Quota and harvest trip limits.

(i) Following consultation with industry and taking into consideration the current federal trip limit, the department may establish trip limits to prevent excessive harvest in New York State waters.

(ii) When the department determines, based on a projection of landings, that trip limit changes are necessary, such trip limits shall be enforceable upon 72 hours written notice to license holders referenced in paragraph (1) of this subdivision.

(ab) Cobia commercial fishing-special regulations.

(1) Licenses. It is unlawful for any person to take or land cobia for commercial purposes without having in possession a valid New York State resident or non-resident commercial food fishing license or commercial food fish landing license issued by the State of New York.

(2) Quota harvest and trip limits.

(i) Harvest limits for cobia are based on the fishery management plan (FMP) for cobia as adopted and approved by the Atlantic States Marine Fisheries Commission (ASMFC) for the period January 1st through December 31st. Harvest limits are approved and adopted pursuant to the Atlantic Coastal Fisheries Cooperative Management Act, 16 U.S.C. section 5101, et seq.

(ii) Quotas and trip limits are established by ASMFC. The department will establish trip limits consistent with those established by ASMFC.

(3) Fishery closures.

(i) If ASMFC or the department determines that the cobia quota will be reached, the directed harvesting of cobia for commercial purposes will be prohibited for all license holders as directed by the department upon 72 hours written notice to commercial food fishing and food fish landing license holders.

(4) Possession, transport and sale.

(i) No person may commercially harvest, sell, offer for sale, trade or barter, or possess cobia except in compliance with this subdivision.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 40.1

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