Section 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 and 16 of this section,
  only lobsters measuring three and five-sixteenths  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 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 is prohibited. This prohibition
  applies to any lobstermen licensed by the state.
    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
  eleven,   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 Plan
  for Lobsters adopted by the Atlantic States Marine Fisheries Commission.