N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 43-3.4

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

Section 43-3.4 - Vessels; eligibility to participate in the harvest of surf clams

(a) Only those vessels which have been used in a directed fishery to harvest surf clams by mechanical means from certified waters of New York's Atlantic Ocean between January 1, 1993 and August 25, 1993, both dates inclusive, and those vessels which have replaced such vessels pursuant to the provisions of section 43-3.5 of this Part shall be eligible to be used to harvest surf clams. Vessels found ineligible by the department in 1996 and thereafter pursuant to the provisions of former subdivision (e) of this section shall continue to be ineligible (former subdivision [e] of this section provided that a vessel which was not used to harvest 5,000 bushels or more of surf clams in a calendar year would thereafter be inelgible for participation in the fishery). An owner or lessee of a vessel shall submit documentation acceptable to the department demonstrating that such vessel was used to harvest surf clams by mechanical means from the certified waters of the Atlantic Ocean while owned or leased by such person. Documentation submitted pursuant to this section shall be signed by the owner or lessee and shall contain a form notice stating that false statements therein are punishable pursuant to section 201.45 of the Penal Law. Acceptable documentation for demonstrating that the eligibility requirements of this subdivision have been met include, but are not limited to, the following:

(1) A copy of the ship's log providing harvest information documenting the use of that vessel, while owned or leased by the applicant, in undertaking a directed fishery for surf clams as specified above.

(2) A copy of a harvester's or shipper's written record which identifies the vessel used to harvest.

(3) A copy of a dock's record, shipping invoice, receipt for payment, bill of lading or similar record which identifies the vessel used to harvest.

(4) Other written documentation acceptable to the department.

(b) The department shall establish a list of vessels meeting the eligibility requirements specified in subdivision (a) of this section. Such list shall identify the vessel and the owner or lessee of the vessel. Only those vessels identified on such list shall be eligible to be used to harvest surf clams from certified waters by mechanical means.

(c) The owner or lessee of a vessel which is not identified on the list of eligible vessels established pursuant to the provision of subdivision (b) of this section may appeal such determination in writing to the department.

(d) It is the burden of the owner or lessee of a vessel for which an appeal is made to establish in a manner satisfactory to the department that such vessel meets the eligibility requirements set forth in subdivision (a) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 43-3.4