N.Y. Comp. Codes R. & Regs. tit. 6 § 38.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 38.2 - Reporting requirements

(a) Vessel trip reports.

(1) Commercial License and Permit Holders. Any person holding a marine commercial fishing license, including food fish license, food fish landing license, marine bait permit, commercial lobster permit, lobster landing, lobster bait gill net, horseshoe crab and crab permit holders, and commercial whelk license holders shall complete and submit on a form prescribed by the department an accurate fishing vessel trip report for each fishing trip, detailing all fishing activities and all species landed. 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. The license holder shall submit such completed and signed fishing reports monthly to the department within 15 days of the end of each month or at a frequency specified by the department in writing. If no fishing trips were made during a month, a report must be submitted stating no trips were made for that month. Incomplete or unsigned reports will not satisfy these reporting requirements. The license holder may also submit completed trip reports electronically using eTRIPS. Failure to submit the vessel trip reports that are required in this subdivision may result in fines and denial of future applications for the licenses and permits affected pursuant to this action.

(2) Party and Charter Boat License Holders. Party and Charter Boat License holders shall complete and submit on a form prescribed by the department an accurate fishing vessel trip report for each fishing trip, detailing all fishing activities, including all species landed and the number of anglers aboard. 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. If no fishing trips were made during a month, a report must be submitted stating no trips were made for that month. The license holder may submit completed reports electronically using eTRIPS. Effective January 1, 2025, all Party and Charter Boat License holders must complete and submit their vessel trip reports electronically using eTRIPS and submit these reports within 48 hours of the completion of each trip.

(3) Federal Vessel Permit Holders. Any New York State license holder who is also the holder of a federal vessel fishing permit issued by NOAA Fisheries must only meet the reporting requirements specified by NOAA Fisheries. If requested in writing by the department, New York State permit holders who also hold federal fishing permits shall provide the electronic VTR numbers to the department for the month or months identified in the written notification. Holders of federal Highly Migratory Species (HMS) permits issued by NOAA Fisheries must satisfy the reporting requirements of New York State as stated in paragraphs (1) and (2) of this subdivision, in addition to any federal reporting requirements.

(b) Species specific trip reports.

(1) Tautog reporting requirements.

(i) In addition to the trip reporting requirements in subdivision (a) of this section, Food Fish License holders harvesting tautog must include the following information in their trip reports: tautog tag serial numbers used for the trip, the weight of all tautog taken (in pounds), and the number of tautog taken.

(ii) Food Fish License holders who operate federally permitted vessels and harvest tautog must complete and submit an electronic copy of their fishing vessel trip report to the department for each commercial tautog trip.

(iii) Food Fish License holders must submit all their tautog reports, along with the NY Tautog Tag Accounting Form, by February 15 for the previous tagging season. Food Fish license holders who fail to submit complete and accurate reports to the department by February 15 may not be eligible to receive tautog tags for the following tagging season.

(2) Horseshoe Crab reporting requirements.

(i) During the months of January, February, March, April, August, September, October, November, and December, all Horseshoe Crab permit holders shall submit vessel trip reports to the department monthly. All reports must be received by the fifth business day of the following month. The department may institute weekly reporting during this period should it be deemed necessary.

(ii) During the months of May, June, and July, Horseshoe Crab permit holders will be required to submit trip reports to the department on a weekly basis to ensure that quota period allocations and annual quotas are not exceeded. Such weekly harvesting reports shall be received by the department by the fifth business day of the subsequent week.

(iii) All Horseshoe Crab bio-medical harvester permit holders shall file accurate and complete monthly harvesting reports of their Horseshoe Crab fishing activities on forms to be provided by the department. Reports for each month shall be submitted to the department by the fifth business day of the following month. Additionally, all Horseshoe Crab bio-medical harvester permit holders shall notify the department at least 24 hours prior to the commencement of harvesting activities and report number of horseshoe crabs intended to be harvested, intended harvest location, place and approximate time of landing, and Horseshoe Crab bio-medical users permit number. In addition, the department may accompany the Horseshoe Crab bio-medical harvester permit holder to monitor such activities granted under the permit. Failure to comply with harvest reporting requirements may result in the suspension of the current Horseshoe Crab bio-medical harvester permit or the denial of future Horseshoe Crab bio-medical harvester permit issued pursuant to this section, or both.

(c) Dealer purchase reports.

(1) Any person who is a holder of a marine and coastal district food fish and crustacea dealers and shippers license shall complete and submit electronically using eDR an accurate purchase report for each purchase made from a fishing vessel or fisherman, detailing each purchase of marine food fish, crustacea, horseshoe crabs, and whelks. Each purchase report must include the VTR number for the fishing trip the purchase was made from.

(2) 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. 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 reports will not satisfy these reporting requirements.

(3) Federal Dealer Permit. Any New York Food Fish and Crustacea Dealer Shipper License holder who is also the holder of a federal dealer permit issued by NOAA Fisheries must instead meet the reporting requirements specified by NOAA fisheries. If requested in writing by the department, New York License holders who also hold federal dealer permits must provide the electronic dealer report numbers to the department for the week or weeks identified in the written notification.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 38.2

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