N.Y. Environmental Conservation Law § 13-0329: Lobsters; permit to take; prohibited acts

§ 13-0329. Lobsters; permit to take; prohibited acts.

1. Any person domiciled within the state may take and land lobsters

(Homarus americanus) from the waters of the state or land lobsters in

the state taken elsewhere upon first obtaining a permit from the

department. There shall be two classes of permits: a non-commercial

permit, the fee for which shall be ten dollars, and a commercial permit,

the fee for which shall be one hundred fifty dollars. A non-commercial

permit shall allow the holder to set no more than five lobster pots and

to take or land in any one day no more than six legal lobsters by this

or any other legal method for the holder's own or family use. Holders of

non-commercial permits shall not sell, offer for sale, trade or barter,

or otherwise traffic in lobsters so taken. A commercial permit shall

allow the holder to set any number of pots and use any other legal

method for taking lobsters with no restriction on the number of legal

lobsters that may be taken, landed or possessed except that on the

waters of Long Island Sound and its adjoining bays, harbors and

estuaries (herein defined as all waters of the state north of the

northern shore lines of Long Island, Plum Island, Little Gull Island,

Great Gull Island and Fishers Island and all the waters of the state

north of the waters that separate those islands from each other) a

person holding a commercial permit who is a person operating or owning

or on board a dragger or any vessel used to operate any net defined as a

trawl in section 13-0341 shall not take, land nor possess any lobsters

or parts thereof unless there are no such nets on board, attached to in

any way, or being used by such vessel. This prohibition on the taking of

lobsters by the use of a trawl shall not allow the use of a trawl in any

waters where it is prohibited by sections 13-0341 and 13-0343. The

department shall furnish forms for application for both classes of

permits. A non-commercial permit shall be issued to an individual. A

commercial permit shall be issued to an individual and it may be

endorsed for use on a fishing vessel, in which case it shall cover all

persons on board such vessel. The holder of a commercial permit shall be

liable for all violations that occur on the vessel for which the

holder's permit is endorsed. The holder of a permit shall carry on his

or her person or post on his or her vessel such permit at all times when

fishing for lobsters. Except as provided in subdivision six of this

section, the permit holder must be present at all times while the

privileges of such permit are being exercised and while lobster fishing

gear owned by the permit holder is being set out or retrieved. The

holder of a commercial permit may endorse such permit to only one vessel

at any one time and shall be on board such vessel at all times when it

is used for fishing for lobsters.

2. a. A person not domiciled within the state but who is domiciled in

a state that provides reciprocal permits or licenses to persons

domiciled in New York state may, upon first obtaining a permit from the

department, take and land lobsters only from the waters of the state

westerly and southerly of a straight line drawn from the Flashing Green

Light Number 9 Whistle Buoy at Cerebus Shoals (located approximately

seven miles northwesterly to Montauk Point) northwesterly to Race Rock

and thence due north to the New York-Connecticut interstate boundary

line; and may land lobsters taken outside New York state waters.

b. The fee for such lobster permit shall be two hundred twenty-five

dollars. The permit shall be issued to an individual and may be endorsed

for use on a fishing vessel in which case it shall cover all persons on

board such vessel. Except as provided in subdivision six of this

section, the permit holder must be present at all times while the

privileges of such permit are being exercised and while lobster fishing

gear owned by the permit holder is being set out or retrieved. The

holder of such permit shall be liable for all violations that occur on

any vessel for which the permit may be endorsed. The holder of such

permit shall carry on his or her person or post on his or her vessel

such permit at all times when fishing for lobsters. The holder of a

commercial permit may endorse such permit to only one vessel at any one

time and shall be on board such vessel at all times when it is used for

fishing for lobsters.

c. On the waters of Long Island Sound and its adjoining bays, harbors

and estuaries (as defined in subdivision 1 of this section) a person

holding such permit who is a person operating or owning or on board a

dragger or any vessel used to operate a trawl as defined in section

13-0341 shall not take, land nor possess any lobsters or parts thereof

unless there are no such nets on board, attached to in any way, or being

used by such vessel. This prohibition on the taking of lobsters by the

use of a trawl shall not allow the use of a trawl in any waters where it

is prohibited by sections 13-0341 and 13-0343.

d. A person not domiciled in the state who is not qualified to hold a

lobster permit under paragraph a of this subdivision, or person

domiciled within the state who is not eligible to obtain a commercial

lobster permit under subdivision one of this section, may obtain a

permit to land lobsters in the state which have been legally taken

outside the state. The fee for a lobster landing permit shall be three

hundred dollars.

e. The department shall prescribe and furnish forms for such permits.

3. a. Lobster permits shall be non transferable and shall expire on

December 31 of the year of issue. If it appears in the public interest,

the department may suspend or cancel any such permit on ten days'

written notice to the holder thereof.

b. No person who has had any such permit suspended or revoked shall

take or land lobsters or aid in the taking or landing of lobsters until

such permit has been reinstated or a new permit is issued.

c. A person who holds a permit to take or land lobsters shall notify

the department of any change of address within thirty days of such

change.

4. Buoys or markers of prescribed design may be used in designating

the location of licensed lobster pots or traps in such manner as shall

be required by the department.

5. a. Except as provided in subdivisions 13, 16 and 18 of this

section, only lobsters measuring three and three-eighths inches or more

and five and one-quarter inches or less may be taken, possessed, bought,

sold, imported and exported. All measurements are from the rear end of

the eye socket along a line parallel to the center line of the body

shell (carapace) to the rear end of the body shell (carapace).

b. A lobster that has been damaged or mutilated to the extent that its

length from the rear end of the eye socket along a line parallel to the

center line of the body shell (carapace) to the rear end of the body

shell (carapace) cannot be determined shall not be possessed, sold or

offered for sale, trade or barter.

c. Lobsters in spawn shall not be taken or possessed at any time. Eggs

shall not be removed from such lobsters.

d. The landing or possession, in the marine district, of lobster, 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 by any

person who has a lobster permit issued by the state is prohibited.

e. The landing or possession of any V-notched female lobster is

prohibited. This prohibition applies to all persons other than a final

purchaser or consumer. V-notched female lobster shall mean any female

lobster bearing a V-shaped notch (i.e. a straight-sided triangular cut

without setal hairs, at least one-quarter inch in depth and tapering to

a sharp point) in the flipper next to the right of the center flipper as

viewed from the rear of the female lobster. V-notched female lobster

also means any female which is mutilated in a manner which could hide,

obscure or obliterate such a mark. The right flipper will be examined

when the underside of the lobster is down and its tail is toward the

person making the determination; however, the department shall have the

authority to adopt by rule or regulation a modified definition of

"V-notched female lobster" to reflect any changes to the definition the

Atlantic States Marine Fisheries Commission may adopt.

6. No person other than the licensee shall set out, tend, haul or

unduly disturb, or take or remove lobsters from, a lobster pot or trap

or other commercial gear, or damage, take, remove or possess such gear.

Possession of such gear without the consent of the licensee shall be

considered prima facie evidence of violation of this subdivision.

Provided, however, that in the event of a temporary emergency, a

licensee may provide written authorization for a different licensee to

haul and remove lobster from the licensee's pots or traps. A copy of

such written authorization shall be filed with the department and the

department shall determine what constitutes a temporary emergency and

the appropriate maximum duration of a temporary emergency for the

purposes of this subdivision.

7. a. Lobsters may be taken only by lobster pots, traps, otter trawls

or similar devices, or by skin diving, including the use of

self-contained underwater breathing apparatus (SCUBA), or by hand. The

use of spears, gigs, gaffs, or other penetrating devices to take

lobsters is prohibited.

b. The landing of more than one hundred lobsters per twenty-four hour

period by gear or methods other than lobster traps or pots is

prohibited. The landing of more than five hundred lobsters by gear or

methods other than lobster traps or pots during a trip lasting five days

or longer is prohibited.

8. A person shall not be issued a permit to take or land lobsters in

New York state if said person had a license or permit to take or land

lobsters in another state which has been suspended or revoked for an

illegal act which is also an illegal act in New York state until such

suspension or revocation has been terminated. Upon receipt of

information from another state that a license or permit of a person to

take or land lobsters has been suspended or revoked for an illegal act

which is also an illegal act in New York state, said person, if he holds

such a permit in New York state, shall have his New York permit

suspended or revoked until such suspension or revocation by another

state has been terminated.

9. On the waters of Long Island Sound and its adjoining bays, harbors

and estuaries (as defined in subdivision one of this section) lobsters

shall not be taken by any method from one hour after sunset to one hour

before sunrise. The provisions of this subdivision shall not apply to

the taking of lobsters by skin diving, including the use of

self-contained underwater breathing apparatus (SCUBA), by holders of a

valid resident non-commercial lobster permit.

10. A holder of a commercial lobster license may apply for a permit to

fish a gill net as permitted in paragraph (b) of subdivision fifteen of

section 13-0343 of this chapter. This permit is to be used for the

purposes of obtaining bait fish to be used solely by the permittee to

pursue his lobster fishery. Bait so taken shall not be sold.

11. In order to reduce mortality of lobster due to lost traps and

pots, the department may adopt regulations requiring escape panels and

vents in such traps and pots and describing their design, configuration,

composition, size and any other necessary characteristics. Any such

regulations shall be consistent with the Interstate Management Plan for

American Lobster prepared by the Atlantic States Marine Fisheries

Commission.

12. Lobsters shall not be transferred from one vessel to another

vessel on the waters of Long Island Sound or its adjacent bays, harbors

and estuaries, except that nothing in this section shall prohibit the

unloading of lobsters, lawfully taken and possessed, in harbor at a

vessel's permanent mooring to a transfer vessel for the purpose of

transporting such lawfully taken and possessed lobsters to land.

13. The department may issue a permit, revocable at pleasure, to any

person to import, possess, buy or sell lobsters of less than the size

permitted to be taken and possessed pursuant to this section for

scientific and educational purposes only.

14. Possession of a lobster trap or pot with a volume larger than

twenty-two thousand nine hundred fifty cubic inches is prohibited.

15. (a) The department shall adopt regulations to implement and

administer a lobster trap tag program. Such regulations shall be

consistent with the specific requirements of the lobster fishery

management plan adopted by the Atlantic States Marine Fisheries

Commission and any other applicable federal lobster trap tag

regulations. Lobster trap tags shall be issued by the department or an

agent authorized by the department. The cost to affected permittees for

each tag shall not be more than the cost of production and distribution

of each tag and shall not exceed the sum of twenty cents.

(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-seven, 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, 2027

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.