Statutes, codes, and regulations
New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATIONChapter I - FISH AND WILDLIFESubchapter F - MARINE FISHERIES
Part 38 - Lobsters and Crabs
Section 38.3 - Lobster and Jonah crab electronic vessel trackers

N.Y. Comp. Codes R. & Regs. tit. 6 § 38.3

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Current through Register Vol. 46, No. 45, November 2, 2024
Section 38.3 - Lobster and Jonah crab electronic vessel trackers
(a) Federally permitted vessels in the lobster and Jonah crab fisheries issued commercial trap gear area permits are required to install an Atlantic States Marine Fisheries Commission approved electronic tracking device to collect and transmit spatial data in order to participate in the lobster or Jonah crab trap gear fisheries.
(b) Federally permitted vessels without an approved electronic tracking device are prohibited from landing lobster or Jonah crab taken with trap gear.
(c) Federal permit holders are required to install and activate the tracking device prior to beginning a lobster or Jonah crab fishing trip with trap gear. The Department is not required to aid with the installation or troubleshooting of vessel trackers.
(d) The permit holder must complete, sign, date, and return an affidavit for tracking device certification to the department prior to departing on the first fishing trip after the program implementation date of December 15, 2023.
(e) The device must remain on board the vessel and powered at all times when the vessel is in the water, unless the device is authorized to power down by the principal port state.
(1) Possible reasons for authorization to power down include but are not limited to vessel haul out/repairs and device failure reported to the principal port state.
(f) Tampering with an approved tracking device or signal is prohibited.
(1) Tampering includes any activity that may affect the tracking devices' ability to operate or signal properly, or to accurately compute or report the vessel's position.
(g) These requirements apply to all federal permit holders with commercial trap gear in Lobster Management Areas (LMAs) 1, 2, 3, 4, 5 and the outer Cape Cod area.
(h) Commercial trap gear in LMA 6 is excluded from the electronic vessel tracker requirement.
(i) In the event a vessel tracker is transferred between permit holders, the department will instruct harvesters to contact tracking device vendors to complete the transfer of a vessel tracker.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 38.3

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