§ 13-0329. Lobsters; permit to take; prohibited acts.\n 1. Any person domiciled within the state may take and land lobsters\n(Homarus americanus) from the waters of the state or land lobsters in\nthe state taken elsewhere upon first obtaining a permit from the\ndepartment. There shall be two classes of permits: a non-commercial\npermit, the fee for which shall be ten dollars, and a commercial permit,\nthe fee for which shall be one hundred fifty dollars. A non-commercial\npermit shall allow the holder to set no more than five lobster pots and\nto take or land in any one day no more than six legal lobsters by this\nor any other legal method for the holder's own or family use. Holders of\nnon-commercial permits shall not sell, offer for sale, trade or barter,\nor otherwise traffic in lobsters so taken. A commercial permit shall\nallow the holder to set any number of pots and use any other legal\nmethod for taking lobsters with no restriction on the number of legal\nlobsters that may be taken, landed or possessed except that on the\nwaters of Long Island Sound and its adjoining bays, harbors and\nestuaries (herein defined as all waters of the state north of the\nnorthern shore lines of Long Island, Plum Island, Little Gull Island,\nGreat Gull Island and Fishers Island and all the waters of the state\nnorth of the waters that separate those islands from each other) a\nperson holding a commercial permit who is a person operating or owning\nor on board a dragger or any vessel used to operate any net defined as a\ntrawl in section 13-0341 shall not take, land nor possess any lobsters\nor parts thereof unless there are no such nets on board, attached to in\nany way, or being used by such vessel. This prohibition on the taking of\nlobsters by the use of a trawl shall not allow the use of a trawl in any\nwaters where it is prohibited by sections 13-0341 and 13-0343. The\ndepartment shall furnish forms for application for both classes of\npermits. A non-commercial permit shall be issued to an individual. A\ncommercial permit shall be issued to an individual and it may be\nendorsed for use on a fishing vessel, in which case it shall cover all\npersons on board such vessel. The holder of a commercial permit shall be\nliable for all violations that occur on the vessel for which the\nholder's permit is endorsed. The holder of a permit shall carry on his\nor her person or post on his or her vessel such permit at all times when\nfishing for lobsters. Except as provided in subdivision six of this\nsection, the permit holder must be present at all times while the\nprivileges of such permit are being exercised and while lobster fishing\ngear owned by the permit holder is being set out or retrieved. The\nholder of a commercial permit may endorse such permit to only one vessel\nat any one time and shall be on board such vessel at all times when it\nis used for fishing for lobsters.\n 2. a. A person not domiciled within the state but who is domiciled in\na state that provides reciprocal permits or licenses to persons\ndomiciled in New York state may, upon first obtaining a permit from the\ndepartment, take and land lobsters only from the waters of the state\nwesterly and southerly of a straight line drawn from the Flashing Green\nLight Number 9 Whistle Buoy at Cerebus Shoals (located approximately\nseven miles northwesterly to Montauk Point) northwesterly to Race Rock\nand thence due north to the New York-Connecticut interstate boundary\nline; and may land lobsters taken outside New York state waters.\n b. The fee for such lobster permit shall be two hundred twenty-five\ndollars. The permit shall be issued to an individual and may be endorsed\nfor use on a fishing vessel in which case it shall cover all persons on\nboard such vessel. Except as provided in subdivision six of this\nsection, the permit holder must be present at all times while the\nprivileges of such permit are being exercised and while lobster fishing\ngear owned by the permit hold
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.