Subdivisions 43-1.4(a) and (b) are repealed.

New subdivisions 43-1.4(a) and (b) are adopted to read as follows:

(b)(1) Any operator or captain of a vessel harvesting surfclams and ocean quahogs by mechanical means from public underwater lands other than the Atlantic Ocean shall obtain a surfclam/ocean quahog other than Atlantic Ocean captain/operator permit (“captain/operator permit”). This permit authorizes the permit holder to operate a vessel used to take surfclams or ocean quahogs, or both, by mechanical means.

(2) A captain/operator permit applicant shall identify on the permit application form the vessel to be used in the harvest of surfclams or ocean quahogs by mechanical means. An application will not be deemed complete without the vessel registration number (‘i.e.’, State registration or United States Coast Guard documentation number) and, if federally documented, the vessel name, both verified by a valid state registration or USCG Certificate of Documentation. Any vessel used to take surfclams or ocean quahogs by mechanical means must be specifically identified on a permit issued in the name of the operator or captain of the vessel. Any vessel identified on a captain/operator permit application or permit must comply with the provisions of section 43-1.6 of this Subpart.

(3) Any vessel engaged in the taking of surfclams or ocean quahogs by mechanical means must have a captain/operator permit holder on board such vessel whose permit identifies that vessel and identifies that permit holder as an operator or captain of the vessel.

(4) The holder of the captain/operator permit will be held responsible for all fishing activities and liable for all violations of 6 NYCRR Subpart 43-1 that occur on such vessel.

Subdivision 43-1.10(a) is repealed.

New subdivision 43-1.10(a) is adopted to read as follows:

This proposed rule making will reduce paperwork and costs to DEC and reduce the paperwork burden on applicants and permit holders.

Currently, DEC’s Marine Resources Permit Office (MPO) issues three different permits for the harvest of surfclams by mechanical means from waters other than the Atlantic Ocean (i.e., Long Island Sound, Gardiners Bay, and Block Island Sound): 1) a vessel owner permit, 2) a vessel captain or operator permit, and 3) a crew member permit. The Division of Marine Resources (DMR) is proposing to eliminate the vessel owner and crew member permits and retain only the captain/operator permit.

This proposal will reduce paper and printing costs for DEC and streamline the permit approval and issuance process. Applicants will see a reduction in the number of application forms to be submitted to the MPO. Information concerning the ownership of a vessel will be obtained through the permit application process for the captain/operator permit, thereby eliminating the need for a special permit to be issued to the vessel owner. The Department anticipates that this rule making will have a positive impact on both DEC and commercial surfclam harvesters.

No person is likely to object to the rule because it will reduce paperwork and costs to DEC and reduce the paperwork burden on applicants and permit holders. There are no anticipated adverse impacts: there are no mandates for local governments, and there are no costs to DEC, local municipalities, or the regulated public.

DEC has determined that this rule making will not have an adverse impact on jobs and employment opportunities. Therefore, a Job Impact Statement is not required.

This proposed rule will amend 6 NYCRR Subpart 43-1 and eliminate two out of three permits currently required for the surfclam fishery in waters other than the Atlantic Ocean (e.g., Long Island Sound, Gardiners Bay, and Block Island Sound). These permits are all issued free of charge.

The amendment will reduce paperwork and printing costs for the Department of Environmental Conservation (DEC) and streamline the permit approval and issuance process. Permit applicants will see a reduction in the number of handouts and application forms needed to be submitted to the DEC Division of Marine Resources Marine Permit Office. There are no anticipated adverse impacts: there are no mandates for local governments, and there are no costs to DEC, local municipalities, or the regulated public. The Department anticipates that this rule making will have a positive impact on regulated individuals.