N.Y. Comp. Codes R. & Regs. tit. 6 § 40.4

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

Section 40.4 - Net fishery limits-mesh sizes and gear restrictions

(a)Trawl descriptions and definitions.

(1) For the purposes of this section, the cod end of a trawl net used in a directed fishery for summer flounder, or black sea bass is defined as either 75 continuous meshes forward of the terminus of the net or the terminal one third of the net, measured from the center of the chain line at the mouth of the net to the terminus of the net.

(2) For the purposes of this section, the cod end of a trawl net used in a directed fishery for winter flounder and weakfish is defined as either 50 continuous meshes forward of the terminus of the net or the terminal one fourth of the net, measured from the center of the chain line at the mouth of the net to the terminus of the net.

(3) The minimum mesh size is the maximum opening of any single mesh, measured when wet after use and is represented by the median value of 11 consecutive meshes taken at least five meshes from the lacings parallel to the longitudinal axis of the net.

(4) The minimum mesh size is measured by a wedge-shaped gauge having a taper of two centimeters (0.78 inch) in eight centimeters (3.14 inches) and a thickness of 3.2 millimeters (0.125 inch) inserted into the meshes under a pressure or pull of five kilograms (11 pounds). The department may approve the use of other equivalent mesh measurement gauges or methods of measurement.

(5) Taper gauges as prescribed in this subdivision will be available on loan from the department upon written request.

(6) For the purposes of this section, a net that conforms to one of the following specifications and has not been in recent use is considered to be not available for immediate use:

(i) a net stowed below deck, provided:

(a) it is located below the main working deck from which the net is deployed and retrieved; and

(b) the towing wires, including the leg wires, are detached from the net; and

(c) it is fan-folded (flaked) and bound around its circumference;

(ii) a net stowed and lashed down on deck, provided:

(a) it is fan-folded (flaked) and bound around its circumference; and

(b) it is securely fastened to the deck or rail of the vessel; and

(c) the towing wires, including the leg wires, are detached from the net;

(iii) a net that is on a reel and is covered and secured, provided:

(a) the entire surface of the net is covered with canvas or other similar material that is securely bound;

(b) the towing wires, including the leg wires are detached from the net; and

(c) the cod end is removed from the net and stowed below deck.

(7) No fishing vessel may use any means or device, including but not limited to chafing gear, liners, double nets, net strengtheners, ropes, lines, or chafing gear on the top of the regulated portion of a trawl net; except that, one splitting strap and one bull rope, consisting of line or rope not more than two inches in diameter, may be used if such splitting strap or bull rope does not constrict, in any manner, the top of the regulated portion of the net. However, canvas, netting, or other material may be attached to the underside of the cod end to reduce wear and prevent damage. For the purposes of this section, the top of the regulated portion of the net is defined as the 50 percent of the entire regulated portion of the net that will not be in contact with the ocean bottom during a tow if the regulated portion of the net were laid flat on the ocean floor.

(b)Summer flounder.

(1) Only nets with cod ends having a minimum mesh size of at least five and one-half inches diamond, or six inches square, inside measure, may be used in a directed trawl fishery for summer flounder. Effective upon adoption of equivalent Federal regulations applicable to nets used to take summer flounder in the United States Exclusive Economic Zone (EEZ), only nets having a minimum mesh size of at least five and one-half inches diamond, or six inches square, inside measure, in the body, extension(s) and cod end portion of the net may be used in a directed trawl fishery for summer flounder. Diamond mesh nets may have cod ends using square mesh, provided that the size for such mesh is at least six inches square. Any trawl vessel that has on board more than 100 pounds of summer flounder between May 1st and October 31st or more than 200 pounds of summer flounder between November 1st and April 30th will be presumed to be engaged in a directed fishery for summer flounder.

(2) It is unlawful to use or have available for immediate use any combination of mesh or liners on a vessel engaged in a directed trawl fishery that effectively decreases the mesh below the minimum size except as permitted in paragraph (3) of this subdivision.

(3) It is unlawful for operators of trawl vessels that have on board more than 100 pounds of summer flounder between May 1st and October 31st or more than 200 pounds of summer flounder between November 1st and April 30th to use or have available for immediate use any net, or any piece of net, that does not meet the mesh requirements contained in this subdivision except for the following: vessels that possess a valid small mesh exemption certificate issued by the United States Department of Commerce.

(4) All summer flounder on vessels fishing with mesh smaller than the legal minimum size described in this subdivision shall be kept separate from other fish.

(c)Winter flounder.

(1) Only nets with cod ends having a minimum mesh size of at least six and one-half inches diamond, or six and one half inches square mesh, inside measure, may be used in a directed trawl fishery for winter flounder. Diamond mesh nets may have cod ends using square mesh, provided that the minimum size for such mesh is at least six and one half inches square. Any trawl vessel that has on board more than 100 pounds of winter flounder will be presumed to be engaged in a directed fishery for winter flounder.

(2) It is unlawful to possess or land more than 100 pounds of winter flounder unless nets with cod ends that are less than six and one-half inches diamond, or six and one half inches square mesh, inside measure, are not in use or available for immediate use. It is unlawful for operators participating in a directed fishery to have any net, or any piece of net, on board having a minimum mesh size less than four and one-half inches diamond or nets with cod ends greater than four and one-half inches but less than five and one-half inches available for immediate use.

(3) It is unlawful to use or have available for immediate use any combination of mesh or liners that effectively decreases the mesh below the minimum size when more than 100 pounds of winter flounder are possessed or landed.

(4) All winter flounder on vessels fishing with a mesh cod end smaller than the legal minimum size must be kept separate from other fish.

(d)Weakfish, trawls and gill nets.

(1) Trawls. Effective January 1, 1998. Only nets having a minimum cod end mesh size of at least four and one-half inches diamond mesh, or four inches square mesh, inside measure, may be used in a directed trawl fishery for weakfish. Any trawl vessel that has on board more than 150 pounds of weakfish will be presumed to be engaged in a directed fishery for weakfish.

(2) It is unlawful for operators of trawl vessels that have on board more than 150 pounds of weakfish to use or have available for immediate use any net, or any piece of net, that does not meet the minimum mesh regulations contained in paragraph (1) of this subdivision on board.

(3) It is unlawful to use or have available for immediate use any combination of mesh or liners on board a vessel engaged in a directed trawl fishery that effectively decreases the mesh below the minimum size.

(4) All weakfish on vessels fishing with a net mesh smaller than the legal minimum size must be kept separate from other fish.

(5) Gill nets. Effective January 1, 1998. Only gill or trammel nets have a minimum mesh size of at least three and one-half inches stretched mesh, inside measure, throughout the net, may be used in a directed gill net or trammel net fishery for weakfish. Any gill net or trammel net vessel that has on board more than 150 pounds of weakfish will be presumed to be engaged in a directed fishery for weakfish.

(6) Operators of gill or trammel vessels that have on board more than 150 pounds of weakfish may not have any net, or any piece of net that does not meet the minimum mesh requirement contained in paragraph (5) of this subdivision on board.

(7) All weakfish on vessels fishing with a net mesh smaller than the legal minimum size must be kept separate from other fish.

(e)Striped bass, gill nets.

(1) Gill nets. Only gill nets having a minimum mesh size of at least six inches stretched mesh to a maximum of eight inches stretched mesh, inside measure, throughout the net, may be used in the directed fishery for striped bass.

(2) It is unlawful to use gill nets to take striped bass or to possess tagged striped bass while tending any gill net in Great South Bay, South Oyster Bay, or Hempstead Bay.

(3) It is unlawful to take or possess a trip limit of more than seven striped bass while using gill nets with mesh less than six inches or greater than eight inches stretched mesh, inside measure, as a bycatch in the non-directed fishery for striped bass. All such striped bass must comply with the applicable provisions of section 40.1(i) of this Part and must be separately boxed.

(f)Scup.

(1) Trawls - Only nets that have a minimum size of at least five inches diamond mesh, inside measure, for at least 75 continuous meshes forward of the terminus of the cod end, may be used in a directed trawl fishery for scup. For nets with cod ends (including an extension) less than 125 meshes, the entire trawl net shall have a minimum mesh size of five inches throughout the net. Any trawl vessel that has on board more than one thousand pounds of scup during the period of January 1 through April 14, two thousand pounds of scup during the period of April 15 through June 15, two hundred pounds of scup during the period of June 16 through September 30, and one thousand pounds of scup during the period of October 1 through December 31, will be presumed to be engaged in a directed fishery for scup.

(2) It is unlawful to have nets either in use or available for immediate use with mesh less than the required minimum sizes described in paragraph (1) of this subdivision if more than the following limits for scup are possessed on any vessel at any time during the designated period: one thousand pounds of scup during the period of January 1 through April 14; two thousand pounds of scup during the period of April 15 through June 15; two hundred pounds of scup during the period of June 16 through September 30; and one thousand pounds of scup during the period of October 1 through December 31.

(3) It is unlawful to land more than one thousand pounds of scup during the period of January 1 through April 14, two thousand pounds of scup during the period of April 15 through June 15, two hundred pounds of scup during the period of June 16 through September 30, and one thousand pounds of scup during the period of October 1 through December 31, unless nets that have mesh less than the required minimum sizes described in paragraph (1) of this subdivision are not available for immediate use.

(4) It is unlawful to use or have available for immediate use any combination of mesh or liners on board a vessel engaged in a directed trawl fishery for scup that effectively decrease the mesh below the minimum size.

(5) All scup on vessels fishing with nets that have mesh smaller than the legal minimum size shall be kept separate from other fish.

(6) It is unlawful to use roller rig trawl or rock hopper trawl gear equipped with rollers greater than 18 inches in diameter.

(g)Black sea bass.

(1) Only nets with cod ends having a minimum mesh size of at least four and one-half inches diamond, inside measure, may be used in a directed trawl fishery for black sea bass. Any trawl vessel that has on board more than the threshold amount established by the department consistent with those established through the FMP by NMFS will be presumed to be engaged in a directed fishery for sea bass.

(2) It is unlawful to have nets either in use or available for immediate use with cod ends less than four and one-half inches diamond mesh, inside measure, if more than the threshold amount established by the department consistent with those established through the FMP by NMFS are possessed on any vessel.

(3) It is unlawful to land more than the threshold amount established by the department unless nets that are less than four and one-half inches, inside measure, are not available for immediate use.

(4) It is unlawful to use or have available for immediate use any combination of mesh or liners on board a vessel engaged in a directed trawl fishery for black sea bass that effectively decrease the mesh below the minimum size.

(5) All black sea bass on vessels fishing with cod end mesh smaller than the legal minimum size shall be kept separate from other fish.

(6) It is unlawful to use roller rig trawl gear or rock hopper trawl equipped with rollers greater than 18 inches in diameter.

(h)Tautog trawls.

It is unlawful to take or possess tautog on any vessel using roller rig or rock hopper trawl gear equipped with the rollers greater than 18 inches in diameter.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 40.4

Amended, New York State Register, Volume XXXVI, Issue 29, effective 7/23/2014

Renumbered from 40.5 New York State Register July 10, 2024/Volume XLVI, Issue 28, eff. 7/10/2024