6 CRR-NY 44.4NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CHAPTER I. FISH AND WILDLIFE
SUBCHAPTER F. MARINE FISHERIES
PART 44. LOBSTERS AND CRABS
6 CRR-NY 44.4
6 CRR-NY 44.4
44.4 Reporting requirements.
(a) Marine commercial lobster, lobster landing, lobster bait gill net, horseshoe crab and crab permit holders.
(1) Any person who is the holder of a marine commercial lobster, lobster landing or lobster bait gill net permit issued pursuant to section 13-0329 of the Environmental Conservation Law, a marine commercial crab permit issued pursuant to section 13-0331 of the Environmental Conservation Law, or a horseshoe crab permit issued pursuant to section 44.3(c) of this Part, 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. The permit 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 for that month stating no trips were made. Incomplete fishing vessel trip reports or unsigned reports will not satisfy these reporting requirements. Any New York permit holder who is also the holder of a Federal fishing permit issued by NOAA Fisheries Service must instead meet the reporting requirements specified by NOAA Fisheries Service. If requested in writing by the department, New York permit 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.
(2) 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.
(b) Food fish and crustacea dealers and shippers licenses.
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:
(1) 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, crustacea, horseshoe crabs or whelks 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.
(2) 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.
(c) License holders subject to the provisions of this subdivision shall present their fishing vessel trip reports or purchases from fishing vessel reports and/or fishermen and make them available for inspection upon the request of an authorized agent of the department or NOAA Fisheries Service. Reports shall be submitted 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.
(d) 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, species and weight of the 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.
(e) Failure to file fishing vessel trip reports or purchases from fishing vessel 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 vessel 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.
6 CRR-NY 44.4
Current through July 31, 2018
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