N.Y. Comp. Codes R. & Regs. tit. 6 § 38.1

Current through Register Vol. 46, No. 51, December 18, 2024

Section 38.1 - General provisions

(a) Introduction.

The purpose of this Part is to clearly delineate the rules and regulations requiring the reporting of fishing activities to the department, insuring confidentially of collected fishing data, and detailing the requirements for the tagging of fish. The rules in this Part shall apply to all those who hold a Crab Permit, Food Fish and Crustacea Dealer and Shipper License, Food Fish License, Food Fish Landing License, Lobster Permit, Lobster Landing Permit, Marine Bait Permit, Party and Charter Boat License, Whelk License, Gill Net License, Eel Pot License, Eel Weir License, Seine License, Scoop/Dip/Scap Net License, Trap Net License, or Fyke Net License.

(b) Definitions.

For the purposes of this Part, the following definitions apply:

(1) eDR means a web-based application where seafood dealers can create and submit electronic dealer reports as required by state and federal fisheries agencies.

(2) Electronic reporting means the submission of fisheries related data by means of a digital application on a computer, tablet, or cellular phone.

(3) Electronic vessel tracker means an electronic device used to collect and transmit spatial vessel location data.

(3) eTRIPS means an online application where fishermen can complete and submit commercial, party and charter, or recreational trip reports as required by state and federal agencies.

(4) Standard Atlantic Fisheries Information System or SAFIS means a coastwide fisheries data collection system operated by the Atlantic Coastal Cooperative Statistics Program.

(5) A vessel trip report or VTR means a document, either paper or electronic, that details all fishing activities and all the species caught or landed and their amounts that is submitted to the department or National Oceanographic and Atmospheric Administration (NOAA) Fisheries (National Marine Fisheries Service (NMFS)).

(c) Confidentiality of fisheries data. Fisheries data, statistics, or other information collected from individual permit or license holders by the department or available to the department from other states or the Federal government shall be confidential and shall not be disclosed except to an authorized user or when required under court order; provided, however, that the department may release or make public any statistics in an aggregate or summary form (with no less than three license holders or submitters contributing to that statistic) which does not directly or indirectly disclose the identity of any person who submits such statistics. For the purposes of these regulations, an authorized user is any person that is employed by or under contract to the department or who is employed by or is under contract to the NOAA Fisheries (NMFS), the U.S. Fish and Wildlife Service, the Mid-Atlantic Fishery Management Council, the New England Fishery Management Council, the South Atlantic Fishery Management Council, the Atlantic States Marine Fisheries Commission, or the states of Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New Jersey, Pennsylvania, Maryland, Delaware, Virginia, North Carolina, South Carolina, Georgia, or Florida, and who has been designated by such agency or state, under the auspices of the Atlantic Coastal Cooperative Statistics Program, to require confidential data as a means to fulfill their job and their job is related to fisheries management and conservation.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 38.1

Adopted New York State Register July 10, 2024/Volume XLVI, Issue 28, eff. 7/10/2024