N.Y. Comp. Codes R. & Regs. tit. 6 § 50.1

Current through Register Vol. 46, No. 25, June 18, 2024

Section 50.1 - Marine Gastropods

(a) Definitions.

(1) 'Carnivorous marine gastropods' means marine snails; including channeled whelk (Busycotypus canaliculatus), knobbed whelk (Busycon carica), and moon snails (Naticidae family), that prey on other animals.

(2) 'Whelk' means channeled whelk and knobbed whelk.

(3) 'Bait saving device' means a container (such as bait bag or bait envelope) that is designed for the purposes of containing horseshoe crabs or horseshoe crab parts within a whelk pot or trap, which extends the effective fishing time of the horseshoe crab bait in the whelk pot or trap.

(4) 'Designated navigation channel' means the Long Island Intracoastal Waterway and natural or dredged paths through otherwise shoal waters that are used for entering or leaving ports and harbors, the boundaries of which are marked by maintained aids to navigation. Designated navigation channel does not include the main west/east shipping fairway through the center of Long Island Sound.

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

(6) 'Long Island Sound Management Region':

The 'Long Island Sound Management Region' includes all marine and coastal district waters lying east of the Throgs Neck Bridge and west of a line that runs from Orient Point, NY to Watch Hill, RI.

(7) 'Shell length' means the longest measurement of a whelk shell from the spire apex to the edge of the siphonal canal.

(8) 'Shell height' means the distance along a straight perpendicular line from a point on the opercular side of the shell to the farthest point of the top of the shell. This distance is measured with the whelk retracted, and the shell placed with the operculum stably positioned against a flat surface.

(9) 'Whelk pot or trap' means any box-like device, made of any material, with an opening on its top side that is capable of catching whelk.

(b) When the commissioner, or the commissioner's designee authorized to designate shellfish lands as uncertified, determines that carnivorous marine gastropods may be hazardous for use as food for human consumption, due to the presence of marine biotoxins, he shall take such action as he deems necessary to protect the public health and welfare. The commissioner, or the commissioner's designee authorized to designate shellfish lands as uncertified, may prohibit activities such as, but not limited to, the taking, possessing, processing, packing, transporting, offering or exposing for sale carnivorous gastropods from areas that are designated as uncertified for the harvest of shellfish pursuant to section 47.4 of this Title due to the presence of marine biotoxins in shellfish. The commissioner may advise the general public, the industry and public health officials that carnivorous gastropods may be hazardous for use as food.

(c) Gear requirements and restrictions.

(1) Whelk pots or traps shall not exceed a volume larger than 22,950 cubic inches.

(2) Whelk shall not be taken by whelk pot, trap or similar device from one hour after sunset to one hour before sunrise.

(3) Gear used in taking whelks must be identified as follows:

(i) Whelk pots or traps which are marked on the surface of the water, must have attached to them a floating buoy or identification marker that is clearly visible on the surface of the water. The floating buoy or identification marker must not be made from containers, bottles, or jugs originally designed to contain liquids. Buoy lines must be constructed so that the buoy line does not float at the surface, such as a sinking line or weighted line.

(ii) Each buoy or marker attached to a whelk pot or trap must be of a distinctive color visible in daylight from a minimum distance of 100 feet. Each buoy or marker must be painted or otherwise affixed with the assigned whelk permit holder's number, including any letter. The permit holder's number must be clearly visible and in a contrasting color or branded in clearly visible characters. The same color or combination of colors must be used on all buoys or markers bearing the same permit number.

(iii) All whelk pot or trap buoys must be marked with fluorescent or reflective paint, tape, or reflectors, or other reflective material.

(iv) All whelk pots or traps must be marked or branded, in clearly visible and legible characters not less than three-fourths inch in height, with the assigned whelk permit holder's number, including any letters. If the construction of a pot or trap does not allow it to be marked by branding, that pot or trap must be marked by a tag or other device bearing, in clearly visible and legible characters, the assigned whelk permit holder's number, including any letters, for the current year. The tag or other device must be of a material that is not deteriorated by sea water and remain firmly attached to the pot or trap it identifies.

(4) Except as provided for in subparagraphs 50.1(c)(4)(i) and 50.1(c)(4)(ii) of this paragraph, whelk pots or traps shall not be placed within 25 feet of designated navigation channels, and all floating buoys or identification markers and lines attached to such pots shall remain outside designated navigation channels at all times, except that:

(i) Whelk pots or traps which are directly attached to the shoreline or a bulkhead may be placed within 25 feet of a designated navigation channel provided that neither the pot nor any attached lines or markers are within such channel; and

(ii) Whelk pots or traps that are affixed to a vessel with at least one person aboard may be placed within 25 feet of a designated navigation channel.

(d) Whelk pots or traps using horseshoe crabs as bait must contain a bait saving device. All horseshoe crabs or horseshoe crab parts used in whelk pots or traps must be wholly contained within the bait saving device.

(e) Size limits.

(1) Except as provided in paragraph (2) of this subdivision, no person shall take, possess, or land whelk less than 5 1/2 inches in length or 2 1/4 inches in height.

(2) Long Island Sound Management Region.

If the State of Connecticut adopts a minimum size limit for whelk, the following size limits shall apply for the Long Island Sound Management Region:

(i) Effective August 1, 2022, no person shall take, possess, or land whelk less than 4 ³/4 inches in length or 1 15/16 inches in height.

(ii) Effective January 1, 2024, no person shall take, possess, or land whelk less than 5 inches in length or 2 inches in height.

(iii) Effective January 1, 2026, no person shall take, possess, or land whelk less than 5 1/4 inches in length or 2 1/8 inches in height.

(iv) Effective January 1, 2028, no person shall take, possess, or land whelk less than 5 1/2 inches in length or 2 1/4 inches in height.

If the State of Connecticut does not adopt a minimum size limit for whelk, then effective August 1, 2022, no person shall take, possess, or land whelk less than 5 1/2 inches in length or 2 1/4 inches in height.

Pursuant to 50.2(a)(1), whelk permit holders must include the area fished on their fishing vessel trip report. Pursuant to 50.2(b)(1), food fish and crustacea dealers and shippers license holders must include a fishing vessel trip ID number on their Purchases from Fishing Vessels Report or Fishermen Report.

The department will include information on its website indicating whether the State of Connecticut has adopted a minimum size limit for whelk by August 1, 2022.

(3) Undersized allowance.

Notwithstanding the size limits set forth in this subdivision, whelk measuring less than the minimum shell length or minimum shell height may comprise by number up to, and shall not exceed, three percent of any bushel, package, or any other container of whelk.

(4) Height gauge.

When using a gauge to measure shell height, the whelk shall be in a retracted position and the shell shall be placed with the operculum stably positioned against one (1) of the parallel surfaces. The whelk is legalsized if it does not fit between the opposing parallel surfaces.

(f) All whelks must be landed whole in the shell.

(g) Violations of any provision of this Part shall subject the violator to the penalties fixed by the Environmental Conservation Law and may result in the suspension or revocation of any whelk permit.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 50.1

Amended New York State Register March 28, 2018/Volume XL, Issue 13, eff. 3/28/2018

Amended New York State Register May 11, 2022/Volume XLIV, Issue 19, eff. 5/11/2022