N.Y. Comp. Codes R. & Regs. tit. 6 § 40.6

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

Section 40.6 - Coastal sharks-open seasons, size and catch limits

(a)Purpose of this section.

It is the intent of this section to promote the prudent management of coastal sharks that are landed in the State of New York. The provisions of this section shall define which sharks may be taken for commercial and recreational purposes and which sharks are prohibited from harvest. Size limits, possession limits, manner of taking and landing, gear restrictions open and closed seasons will also be specified in this section. The provisions in this section are designed to promote healthy self-sustaining populations of coastal sharks and provide for the sustainable use of the shark resource for the benefit of the residents of the State of New York.

(b)Definitions.

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

(1)Circle hook means a fishing hook originally designed and manufactured so that the point is turned perpendicularly back to the shank to form a generally circular, or oval, shape.

(2)Eviscerate means to remove the alimentary organs of a shark without removing the head.

(3)Finning means the removal of a fin or fins, other than the caudal fin, and not retaining the remainder of the shark's carcass (as specified in Environmental Conservational Law [ECL] section 13-0338[1][b]).

(4)'Fork length (FL)' means that length measured in a straight line from the tip of the nose snout of the shark to the end of the middle caudal fin to the center of the fork of the tail of the shark.

(5)Handline means a main line to which not more than two gangions or hooks are attached. A handline is not retrieved by mechanical means and must be attached to, or in contact, with the vessel.

(6)Land or landed means the bringing of fish to shore or the transfer of the catch of fish taken from a vessel to any other vessel or in-water storage facility or to the land or to any pier, wharf, dock or other similar structure. When a vessel bearing fish has been tied, moored, or made fast to the land, to another vessel, to an in-water storage facility or to any pier, wharf, dock or similar structure, such fish shall be deemed as landed.

(7)Large mesh gillnet means a gillnet having a stretched mesh size equal to or greater than five inches.

(8)Recreational angler means any person engaged in fishing for sharks for personal use.

(9)Shore angler means any person engaged in any type of fishing that does not take place aboard a vessel.

(10)Shortline means a fishing line having 50 or fewer hooks and measuring less than 500 yards in total length.

(11)Small mesh gillnet means a gillnet having a stretched mesh size less than five inches.

(12)Vessel means every type of watercraft used or capable of being used as a means of transportation on water except non-displacement craft and seaplanes.

(13)Vessel fishing means any fishing conducted from a vessel.

(c)Recreational fishing.

(1) It shall be unlawful for any recreational angler to take, or to possess on the waters of the marine and coastal district, as defined in ECL section 13-0103, or the shores thereof, or anywhere inland from such shores, any shark species other than the following: Atlantic sharpnose (Rhizoprionodon terraenovae); blacktip (Carcharhinus limbatus); blue (Prionace glauca); bonnethead (Sphyrna tiburo); bull (Carcharhinus leucas); common thresher (Alopias vulpinus); finetooth (Carcharhinus isodon); great hammerhead (Sphyrna mokarran); scalloped hammerhead (Sphyrna lewini); smooth hammerhead (Sphyrna zygaena); lemon (Negaprion brevirostris); nurse (Ginglymostoma cirratum); oceanic whitetip (Carcharhinus longimanus); porbeagle (Lamna nasus); smooth dogfish (Mustelus canis); spiny dogfish (Squalus acanthias); spinner (Carcharhinus brevipinna); and tiger (Galeocerdo cuvier).

(2)

(i) There is no minimum size limit for the following shark species: Atlantic sharpnose, bonnethead, finetooth, smoothhound (smooth dogfish), and spiny dogfish.

(ii) The minimum size for the following shark species is 54 inches FL: blacktip, blue, bull, lemon, nurse, oceanic whitetip, porbeagle, spinner, thresher, and tiger.

(iii) The minimum size limit for the following shark species is 78 inches FL: great hammerhead, scalloped hammerhead, and smooth hammerhead.

(iv) Repealed

(3) It shall be unlawful for a recreational angler to take sharks using any means other than handlines retrieved by hand, not mechanical means, or by rod and reel.

(4) It shall be unlawful for a recreational angler to sell, trade or barter sharks or shark pieces.

(5) All sharks harvested by a recreational angler shall have heads, tails and fins attached naturally to the carcass through landing. Sharks may be eviscerated and bled by making a cut at the base of the tail fin as long as the tail fin is not removed.

(6) Catch limits. Catch limits.

(i) Shore anglers shall take or possess no more than one shark, regardless of species, from the list in paragraph (1) of this subdivision, except that:

(a) one additional Atlantic sharpnose may be taken and possessed; and

(b) one additional bonnethead may be taken and possessed; and

(c) there shall be no limit to the number of spiny dogfish and smooth dogfish that can be taken or possessed.

(d) Possession of shortfin mako is prohibited.

(ii) Recreational anglers fishing from a vessel shall take or possess no more than one shark, regardless of species, from the list in paragraph (1) of this subdivision per vessel, except that:

(a) one additional Atlantic sharpnose may be taken and possessed per angler; and

(b) one additional bonnethead may be taken and possessed per angler; and

(c) there shall be no limit to the number of spiny dogfish and smooth dogfish that can be taken or possessed per angler.

(d) Possession of shortfin mako is prohibited.

(7) When aboard a vessel, a recreational angler is bound by the more restrictive vessel fishing limits described in subparagraph (6)(ii) of this subdivision, regardless of where the shark was caught.

(8) A shark that is transported aboard a vessel is considered as though caught by an angler on that vessel and is regulated under the more restrictive vessel fishing limits described in subparagraph (6)(ii) of this subdivision, regardless of where the shark was caught.

(9) Handling and Release of Sharks (all shark species).

(i) Keeping sharks submerged. It shall be unlawful for an angler to remove a shark from the water except where the angler intends to harvest the shark and reduce it to possession. The shark's gills must remain submerged, and the entire length of the shark must remain in the water. This subparagraph shall not be construed to require unsafe practices while fishing from shore and does not prohibit temporarily lifting the head of a shark from the water in order to facilitate removal of a hook or other fishing tackle. This prohibition does not apply to smooth dogfish (Mustelus canis) and spiny dogfish (Squalus acanthias).

(ii) Tackle cutting device. Recreational anglers fishing for sharks shall possess and have immediately available wire or bolt cutters capable of quickly cutting either the leader or the hook and use such cutting device to quickly remove as much tackle and fishing gear as possible in order to immediately, and without unnecessary harm release sharks not being harvested or reduced to possession.

(iii) Release without undue harm. Anglers are required to take every precaution to ensure the maximum probability of survival of any shark that will be released and to release the shark without causing any undue harm to the shark. Anglers are prohibited from engaging in any activities which may decrease the shark's probability of survival after release.

(10) Handling and Release of Sharks (prohibited species):

Prohibited shark species (recreational). The following shark species must be released immediately if caught: Atlantic angel shark (Squatina dumeril); basking shark (Cetorhinus maximus); bigeye sand tiger shark (Odontaspis noronhai); bigeye thresher shark (Alopias superciliosus); bignose shark (Carcharhinus altimus); blacknose shark (Carcharhinus acronotus); Caribbean reef shark (Carcharhinus perezii); Caribbean sharpnose shark (Rhizoprionodon porosus); dusky shark (Carcharhinus obscurus); Galapagos shark (Carcharhinus galapagensis); longfin mako shark (Isurus paucus); narrowtooth shark (Carcharhinus brachyurus); night shark (Carcharhinus signatus); sandbar shark (Carcharhinus plumbeus); sand tiger shark (Carcharias taurus); sharpnose sevengill shark (Heptranchias perlo); shortfin mako shark (Isurus oxyrinchus); silky shark (Carcharhinus falciformis); bigeye sixgill shark (Hexanchus nakamurai); bluntnose sixgill shark (Hexanchus griseus); smalltail shark (Carcharhinus porosus); whale shark (Rhincodon typus); white shark (Carcharodon carcharias).

(d)Commercial fishing.

(1) The commercial fishery for spiny dogfish is regulated under section 40.1 of this Part and is not regulated under this Part.

(2) It is unlawful for any person to take, possess or land sharks listed in this section for commercial purposes without having in their possession a valid New York State commercial foodfish license.

(3) The commercial fishing year for sharks shall begin on January 1st and end on December 31st. All annual specifications begin on January 1st of each fishing year.

(4) Shark groups. For the purposes of this section and consistency with federal rules and the fishery management plan for coastal sharks developed by the Atlantic States Marine Fisheries Commission, coastal sharks shall be classified as follows:

(i) Prohibited species: Atlantic angel ('Squatina dumeril'); basking shark ('Cetorhinus maximus'); bigeye sand tiger shark ('Odontaspis noronhai'); bigeye thresher shark ('Alopias superciliosus'); bignose shark ('Carcharhinus altimus'); blacknose shark ('Carcharhinus acronotus'); Caribbean sharpnose shark ('Rhizoprionodon porosus'); dusky shark ('Carcharhinus obscurus'); Galapagos shark ('Carcharhinus galapagensis'); longfin mako shark ('Isurus paucus'); narrowtooth shark ('Carcharhinus brachyurus'); night shark ('Carcharhinus signatus'); reef shark ('Carcharhinus perezii'); sand tiger shark ('Carcharias taurus'); sharpnose sevengill shark ( 'Heptranchias perlo'); bigeye sixgill shark ('Hexanchus nakamurai'); bluntnose sixgill shark ('Hexan-chus griseus'); smalltail shark ('Carcharhinus porosus'); whale shark ('Rhincodon typus'); white shark ('Carcharodon carcharias');

(ii) Research species: sandbar (Carcharhinus plumbeus);

(iii) Smoothhound species: smooth dogfish ('Mustelus canis');

(iv) Non-Blacknose Small Coastal species: Atlantic sharpnose ('Rhizoprionodon terraenovae'); bonnethead ('Sphyrna tiburo'); finetooth ('Carcharhinus isodon');

(v) Aggregated Large Coastal species: blacktip ('Carcharhinus limbatus'); bull ('Carcharhinus leucas'); lemon ('Negaprion breviros- tris'); nurse ('Ginglymostoma cirratum'); silky ('Carcharhinus falcifor- mis'); spinner ('Carcharhinus brevippinna'), tiger ('Galeocerdo cuvier');

(vi) Hammerhead species: great hammerhead ('Sphyrna mokar- ran'); scalloped hammerhead ('Sphyrna lewini'); smooth hammerhead ('Sphyrna zygaena');

(vii) Pelagic species: blue (Prionace glauca); common thresher (Alopias vulpinus); oceanic whitetip (Carcharhinus longimanus); porbeagle (Lamna nasus); shortfin mako (Isurus oxyrinchus) (see paragraph (d)(17) of this section).

(5) There is no closed season for the shark commercial fishery.

(6) No person shall take, possess or land any shark species listed in subparagraphs (4)(i) and (ii) of this subdivision without first obtaining and possessing a valid special license in accordance with Part 39 of this Title.

(7) There is no possession limit for sharks listed in subparagraphs (4)(iii), (iv), (v), and (viii) of this subdivision.

(8) No person shall take possess or land more than 36 sharks, regardless of species, listed in subparagraph (4)(vi) and (4)(vii) of this subdivision, in any 24-hour period.

(9) Sharks harvested for commercial purposes shall be taken by the following methods and gears, only: rod and reel; handline, which shall be retrieved by hand, not mechanical means, and shall be attached to or in contact with a vessel; small mesh gillnet; large mesh gillnet; trawl; shortline; pound net; and weir. A maximum of two shortlines per vessel may be used. The use of any other gear to take sharks for commercial purposes is prohibited.

(10) Bycatch reduction measures. No person shall take, possess or land sharks using shortlines or large mesh gillnets without practicing the following bycatch reduction measures:

(i) all hooks attached to shortline gear must be corrodible circle hooks;

(ii) all persons participating in the commercial shark fishery shall practice the protocols and possess the federally required release equipment for pelagic and bottom longlines for the safe handling, release and disentanglement of sea turtles and other non-target species;

(iii) all captains and vessel owners must be certified in using handling and release equipment through workshops offered by National Oceanic and Atmospheric Administration's National Marine Fisheries Service;

(iv) large mesh gillnets shall be no longer than 2.5 kilometers (1.55 miles).

(11) No person shall possess or land a shark listed in this section without the tails and fins naturally attached to the carcass. Fins may be cut as long as they remain attached to the carcass by natural means with at least a small portion of uncut skin. Finning is prohibited. Sharks may be eviscerated and have the heads removed. Sharks may not be filleted or cut into pieces at sea.

(12) Quotas, trip limits and directed fishery thresholds may be set by the Atlantic States Marine Fisheries Commission Spiny Dogfish and Coastal Sharks Management Board (Sharks Board) for the smooth- hound species group, Non-Blacknose Small Coastal, Blacknose, Aggregated Large Coastal, Hammerhead and Pelagic species groups for each commercial fishing year. The department will establish trip limits and directed fishery thresholds within the fishing year consistent with those established by the Sharks Board. Such trip limits and thresholds will be enforceable upon 72 hours notice to license holders of the vessel trip limit allowed.

(13) If the department determines that the maximum allowable harvest of sharks covered by paragraph (12) of this subdivision has been taken or is projected to be taken before the end of the fishing year, the department may prohibit the take and possession of a shark species for commercial purposes upon 72 hours' notice to license holders.

(14) If the department closes a fishery, but determines that the quota will not be harvested by the projected date, then the department may reopen the fishery for a specified time at a specified trip limit up to the maximum allowed upon 72 hours' notice to license holders.

(15) No person shall take, possess or land sharks listed in paragraph (4) of this subdivision for commercial purposes when the federal commercial fishery for that species is closed.

(16) No harvester shall sell sharks taken in State waters for commercial purposes except to a holder of a Federal Commercial Shark Dealer Permit. A Federal Commercial Shark Dealer Permit shall be required to buy and sell sharks taken in State waters.

(17) Special regulations for shortfin mako: Possession of shortfin mako is prohibited.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 40.6

Amended, New York State Register, Volume XXXVI, Issue 29, effective 7/23/2014

Renumbered from 40.7 New York State Register July 10, 2024/Volume XLVI, Issue 28, eff. 7/10/2024