13-0329 - Lobsters; Permit to Take; Prohibited Acts.

NY Env Cons L § 13-0329 (2019) (N/A)
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(b) If the department administers a lobster trap tag program, any funds derived from such program and received by the department shall be deposited into the marine resource account established pursuant to subparagraph (i) of paragraph three of subdivision (a) of section eighty-three of the state finance law. 16. The department may, until December thirty-first, two thousand twenty-one, adopt regulations for Atlantic States Marine Fisheries Commission Areas One, Two, Three, Four, Five, and Outer Cape Cod, to implement conservation measures that affect landings of lobsters, pursuant to the recommendations of the respective Area's Lobster Conservation Management Team as required by the Interstate Fishery Management Plan for American Lobster adopted by the Atlantic States Marine Fisheries Commission. * 17. a. No lobster may be taken from Atlantic States Marine Fisheries Commission Area Six from September eighth through November twenty-eighth pursuant to the recommendations of the Area's Lobster Conservation Management Team as required by the Interstate Fishery Plan for Lobsters adopted by the Atlantic States Marine Fisheries Commission. b. During the September eighth through November twenty-eighth closure, lobster permit holders who use lobster traps or pots shall remove lobster traps and pots from the water by September twenty-second. c. No lobster trap or pot may be in the water from September twenty-second until November fourteenth unless the lobster permit holder also holds a permit or license that authorizes them to harvest other species from their lobster traps or pots. d. Lobster permit holders may set unbaited lobster traps or pots beginning November fourteenth. e. Lobster permit holders may set baited lobster traps or pots beginning November twenty-first. * NB Repealed December 31, 2021 18. a. Lobsters greater in length than provided in subdivision 5 of this section may be imported into the state and possessed for exportation provided that: i. The lobsters were legally taken in the state or country where the lobsters were landed, and, if applicable, the Atlantic States Marine Fisheries Commission Area where the lobsters were taken; ii. The lobsters were placed in containers and sealed with tamper proof seals acceptable to the department in the state or country where the lobsters were landed; iii. The lobsters remain in the sealed containers at all times while the lobsters are possessed in the state, including the placement of the sealed containers in holding tanks in the state; iv. Each sealed container is accompanied with a label, invoice, bill of lading, purchase order or manifest identifying the state or country where the lobsters were landed, and, if applicable, the Atlantic States Marine Fisheries Commission Area where the lobsters were taken, the number of lobsters contained therein, and the date the container was sealed; and v. The lobsters are imported, possessed and exported to or by a person licensed pursuant to section 13-0334 of this title. b. Lobsters greater in length than provided in subdivision 5 of this section may be imported, possessed, sold or offered for sale in the state provided that: i. The lobsters were legally taken in the state or country where the lobsters were landed, and, if applicable, the Atlantic States Marine Fisheries Commission Area where the lobsters were taken; ii. Each lobster is tagged in the state or country where the lobster was landed with a tamper resistant tag acceptable to the department. The tag shall be attached to the lobster and identify the state or country where the lobster was landed and, if applicable, the Atlantic States Marine Fisheries Commission Area where the lobster was taken; iii. The tag must remain on the lobster until it is sold to the end consumer in the state, including while in a holding tank in a restaurant or retail outlet; iv. Each shipment of tagged lobsters is accompanied with a label, invoice, bill of lading, purchase order or manifest identifying the state or country and, if applicable, the Atlantic States Marine Fisheries Commission Area where the lobsters were taken, the number of lobsters contained therein, and the date or dates the lobsters were harvested; and v. The lobsters are imported, possessed and sold or offered for sale in the state by a person licensed pursuant to section 13-0334 of this title. c. The department may promulgate regulations necessary to implement this subdivision. 19. Lobsters, or parts thereof, not in the shell, detached lobster tails or claws, or any other part of a lobster that has been separated from the lobster may only be possessed, purchased, offered for sale, trade or barter, imported, or exported, provided: a. The lobster was legally taken in the state or country where the lobster was landed, and, if applicable, the Atlantic States Marine Fisheries Commission Area where the lobster was taken; b. The lobster parts are packaged with labels identifying the state, or country where the lobster was taken and if applicable, the Atlantic States Marine Fisheries Commission Area. Lobster parts must be packaged and properly labeled prior to being possessed, sold, purchased or imported in the state.