Home » 2011 Issues » August 24, 2011 » ENV-17-11-00010-A Reporting Requirements for Holders of Food Fish, Lobster, Crab, Food Fish and Crustacea Dealers and Shippers, and Party/Charter Licenses
ENV-17-11-00010-A Reporting Requirements for Holders of Food Fish, Lobster, Crab, Food Fish and Crustacea Dealers and Shippers, and Party/Charter Licenses
8/24/11 N.Y. St. Reg. ENV-17-11-00010-A
NEW YORK STATE REGISTER
VOLUME XXXIII, ISSUE 34
August 24, 2011
RULE MAKING ACTIVITIES
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF ADOPTION
I.D No. ENV-17-11-00010-A
Filing No. 726
Filing Date. Aug. 09, 2011
Effective Date. Aug. 24, 2011
Reporting Requirements for Holders of Food Fish, Lobster, Crab, Food Fish and Crustacea Dealers and Shippers, and Party/Charter Licenses
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of Parts 40 and 44 of Title 6 NYCRR.
Statutory authority:
Environmental Conservation Law, section 13-0342
Subject:
Reporting requirements for holders of food fish, lobster, crab, food fish and crustacea dealers and shippers, and party/charter licenses.
Purpose:
Update the reporting requirements for commercial fishermen, party/charter vessel businesses and food fish and crustacea dealers.
Text of final rule:
Existing subdivision 6 NYCRR 40.1(c) is repealed.
New subdivision 6 NYCRR 40.1(c) is adopted to read as follows:
(c) Reporting requirements.
(1) Marine commercial food fishing license, food fish landing license and marine bait permit holders.
(i) Any person who is the holder of a marine commercial food fishing license, food fish landing license, or marine bait permit issued pursuant to section 13-0335 of the Environmental Conservation Law shall complete and submit an accurate fishing Vessel Trip Report for each commercial fishing trip, detailing all fishing activities and all species landed, on a form prescribed by the department. The license holder shall submit such fishing reports monthly to the department within 15 days after the end of each month or at a frequency specified by the department in writing. Fishing Vessel Trip Reports shall be completed, signed, and submitted to the department for each month; if no fishing trips were made during a month, a report must be submitted stating no trips were made for that month. Incomplete fishing Vessel Trip Reports or unsigned reports will not satisfy these reporting requirements. Any New York license holder who is also the holder of a federal fishing permit issued by NOAA Fisheries Service must instead satisfy the reporting requirements specified by NOAA Fisheries Service. If requested in writing by the department, New York license holders who also hold federal fishing permits shall submit to the department the state (blue) copy of the Fishing Vessel Trip Report (NOAA Form No. 88-30) for the month or months identified in the written notification.
(ii) The fishing Vessel Trip Report must be completed with all required information, except for information not yet ascertainable, and signed before the vessel arrives at the dock or lands the catch. Information that may be considered unascertainable before arriving at the dock or landing includes dealer name, dealer number, and date sold.
(2) Food fish and crustacea dealers and shippers license holders.
Any person who is the holder of a marine and coastal district food fish and crustacea dealers and shippers license issued pursuant to section 13-0334 of the Environmental Conservation Law shall:
(i) Complete and sign an accurate Purchases From Fishing Vessels and/or Fishermen report detailing each purchase of marine food fish, crustacea, horseshoe crabs, and whelks from harvesters, on a form prescribed by the department. The license holder must submit these reports to the department within 3 days after the end of each week, or at a frequency specified by the department in writing. A Purchases From Fishing Vessels and/or Fishermen report shall be completed, signed and submitted to the department each week; if no purchases of food fish, crustacean, horseshoe crabs or whelk were made during that week, a report must be submitted stating no purchases were made for the week. Incomplete Purchases From Fishing Vessels and/or Fishermen reports or unsigned reports will not satisfy these reporting requirements. Any New York license holder who is also the holder of a federal dealers permit issued by NOAA Fisheries Service must instead satisfy the reporting requirements specified by NOAA Fisheries Service.
(ii) Effective January 1, 2012, submit complete and accurate purchases from fishing vessels and/or fishermen reports to the Atlantic Coastal Cooperative Statistics Program (ACCSP) through its website at www.accsp.org. Any New York license holder who is also the holder of a federal dealers permit issued by NOAA Fisheries Service must instead meet the reporting requirements specified by NOAA Fisheries Service.
(3) Marine and coastal district party and charter boat license holders.
(i) Any person who is the holder of a marine and coastal district party and charter license issued pursuant to section 13-0336 of the Environmental Conservation Law shall complete and submit an accurate fishing Vessel Trip Report for each party or charter fishing trip, detailing all fishing activities and all species landed, on a form prescribed by the department. The license holder shall submit such fishing reports monthly to the department within 15 days after the end of each month or at a frequency specified by the department in writing. Fishing Vessel Trip Reports must be completed, signed, and submitted to the department for each month; if no fishing trips were made during a month, a report must be submitted for that month stating no trips were made. Incomplete fishing Vessel Trip Reports or unsigned reports will not satisfy these reporting requirements. For each fishing trip, the license holder shall complete and sign the fishing Vessel Trip Report prior to the vessel's return to port. Any New York license holder who is also the holder of a federal fishing permit issued by NOAA Fisheries Service must instead satisfy the reporting requirements specified by NOAA Fisheries Service.
(ii) Upon the request of an on-board observer, who is an authorized representative of the department or of the NOAA Fisheries Service, the holder of a marine and coastal district party and charter boat license shall carry such on-board observer at all times when engaged in activities authorized by such license, and shall report catch and effort information to the department or the NOAA Fisheries Service when requested to do so by such agencies or an authorized representative.
(4) License holders subject to the provisions of this subdivision shall present their logbooks, fishing Vessel Trip Reports or Purchases from Fishing Vessel Reports and/or Fishermen reports and make them available for inspection upon the request of an authorized agent of the department or NOAA Fisheries Service. License holders shall submit their fishing Vessel Trip Reports or Purchases from Fishing Vessels and/or Fishermen reports to the department at the following address: NYSDEC, Bureau of Marine Resources, 205 N. Belle Mead Road, Suite # 1, East Setauket, New York 11733. Reports may be mailed, faxed, emailed or submitted by any other method approved by the department.
(5) In fulfillment of these reporting requirements, license holders subject to the provisions of this subdivision may choose to submit purchases from fishing vessels data or fishing trip data online at the Atlantic Coastal Cooperative Statistics Program website, www.accsp.org. Complete and accurate fishing trip and purchase data submissions to this website will satisfy the reporting requirements specified in this subdivision. License holders who submit fishing data electronically must maintain a dated logbook, on board the specific fishing vessel, that details all fishing activities for each fishing trip. Data to be recorded in this logbook must include the vessel name, date sailed and date landed, all species landed and the weight or number of each species taken during the dated trip, and other information required by the department. Entries must be entered into the logbook before the vessel arrives at the dock or lands the catch.
(6) Failure to file fishing Vessel Trip Reports or Purchases from Fishing Vessels and/or Fishermen reports as required may disqualify the owner or operator from receiving future licenses or permits pursuant to Part 175 of this title. Any person who falsifies any fishing Vessel Trip Report or Purchases from Fishing Vessels and/or Fishermen report shall be subject to the penalties established pursuant to the provisions of Article 71 of Environmental Conservation Law and may be subject to permit revocation pursuant to Part 175 of this Chapter.
Existing subdivision 40.1(d) through paragraph 40.1(j)(19) remain the same.
Existing paragraph 6NYCRR 40.1(j)(20) is repealed.
New paragraph 6NYCRR 40.1(j)(20) is adopted to read as follows:
(20) Reporting Requirements.
(a) Fishing Vessel Trip Reports - Any person who is a holder of a striped bass commercial permit shall complete and submit an accurate fishing Vessel Trip Report for each commercial fishing trip, detailing all fishing activities and all species landed, pursuant to paragraph (1) of subdivision 40.1 (c) of this part. Fishing Vessel Trip Reports shall be completed, signed, and submitted to the department for each month; if no fishing trips were made for striped bass during a month, a report must be submitted for that month stating no striped bass trips were made. Permit holders who operate federally permitted vessels and take striped bass must complete and submit the state (blue) copy of their Fishing Vessel Trip Report (NOAA Form No. 88-30) to the department for each commercial striped bass trip. Permit holders must submit the last report 5 days after the close of the commercial striped bass season or within 5 days after all striped bass tags are used. Permit holders must submit all required information, including, but not limited to, the name of the vessel, the permit number(s), trip type, all species taken, the striped bass tag serial numbers used for the trip, the weight (in pounds), and number of striped bass taken, the name and signature of the permit holder, and the date signed. All reports must be complete. Incomplete fishing Vessel Trip Reports or unsigned reports will not satisfy these reporting requirements and may be returned to the permit holder who submitted them for completion. Once commercial striped bass permit holders have reported 100 percent use of the individual allocation of tags, they are no longer required to submit reports for striped bass. Permit holders who fail to submit acceptable fishing Vessel Trip Reports to the department may be denied future commercial striped bass fishing permits pursuant to Part 175 of this title.
(b) Striped Bass Tags - All striped bass commercial permit holders must return any unused tags to the department by December 20 of the year the tags were issued. Permit holders who fail to return unused tags may be denied future commercial striped bass fishing permits pursuant to Part 175 of this title. Permit holders who fail to accurately account for all tags may receive a reduction in the number of tags allocated in the next fishing season in which the permit holder applies for a striped bass commercial permit. This reduction in tags will be equal to the number of tags not accounted for in the previous fishing season.
Existing paragraph 40.1(j)(21) through section 40.7(d)(16) remain unchanged.
(1) Any person who is the holder of a marine commercial lobster, lobster landing or lobster bait gill net permit issued pursuant to section 13-0329 of the Environmental Conservation Law, a marine commercial crab permit issued pursuant to section 13-0331 of the Environmental Conservation Law, or a horseshoe crab permit issued pursuant to 6 NYCRR 44.8 (c), shall complete and submit an accurate fishing Vessel Trip Report for each commercial fishing trip, detailing all fishing activities and all species landed, on a form prescribed by the department. The permit holder shall submit such fishing reports monthly to the department within 15 days after the end of each month or at a frequency specified by the department in writing. Fishing Vessel Trip Reports shall be completed, signed, and submitted to the department for each month; if no fishing trips were made during a month, a report must be submitted for that month stating no trips were made. Incomplete fishing Vessel Trip Reports or unsigned reports will not satisfy these reporting requirements. Any New York permit holder who is also the holder of a federal fishing permit issued by NOAA Fisheries Service must instead meet the reporting requirements specified by NOAA Fisheries Service. If requested in writing by the department, New York permit holders who also hold federal fishing permits shall submit to the department the state (blue) copy of the Fishing Vessel Trip Report (NOAA Form No. 88-30) for the month or months identified in the written notification.
(2) The fishing Vessel Trip Report must be completed with all required information, except for information not yet ascertainable, and signed before the vessel arrives at the dock or lands the catch. Information that may be considered unascertainable before arriving at the dock or landing includes dealer name, dealer number, and date sold.
(b) Food fish and crustacea dealers and shippers licenses. Any person who is the holder of a marine and coastal district food fish and crustacea dealers and shippers license issued pursuant to section 13-0334 of the Environmental Conservation Law shall:
(1) Complete and sign an accurate Purchases From Fishing Vessels and/or Fishermen report detailing each purchase of marine food fish, crustacea, horseshoe crabs, and whelks from harvesters on a form prescribed by the department. The license holder must submit these reports to the department within 3 days after the end of each week, or at a frequency specified by the department in writing. A Purchases From Fishing Vessels and/or Fishermen report shall be completed, signed and submitted to the department each week; if no purchases of food fish, crustacea, horseshoe crabs or whelks were made during that week, a report must be submitted stating no purchases were made for the week. Incomplete Purchases From Fishing Vessels and/or Fishermen reports or unsigned reports will not satisfy these reporting requirements. Any New York license holder who is also the holder of a federal dealers permit issued by NOAA Fisheries Service must instead satisfy the reporting requirements specified by NOAA Fisheries Service.
(2) Effective January 1, 2012, submit complete and accurate purchases from fishing vessels and/or fishermen reports to the Atlantic Coastal Cooperative Statistics Program (ACCSP) through its website at www.accsp.org. Any New York license holder who is also the holder of a federal dealers permit issued by NOAA Fisheries Service must instead meet the reporting requirements specified by NOAA Fisheries Service.
(c) License holders subject to the provisions of this subdivision shall present their fishing Vessel Trip Reports or Purchases From Fishing Vessel Reports and/or Fishermen and make them available for inspection upon the request of an authorized agent of the department or NOAA Fisheries Service. Reports shall be submitted to the department at the following address: NYSDEC, Bureau of Marine Resources, 205 N. Belle Mead Road, Suite # 1, East Setauket, New York 11733. Reports may be mailed, faxed, emailed or submitted by any other method approved by the department.
(d) In fulfillment of these reporting requirements, license holders subject to the provisions of this subdivision may choose to submit purchases from fishing vessels data or fishing trip data online at the Atlantic Coastal Cooperative Statistics Program website, www.accsp.org. Complete and accurate fishing trip and purchase data submissions to this website will satisfy the reporting requirements specified in this subdivision. License holders who submit fishing data electronically must maintain a dated logbook, on board the specific fishing vessel, that details all fishing activities for each fishing trip. Data to be recorded in this logbook must include the vessel name, date sailed and date landed, species and weight of the species taken during the dated trip, and other information required by the department. Entries must be entered into the logbook before the vessel arrives at the dock or lands the catch.
(e) Failure to file fishing Vessel Trip Reports or Purchases From Fishing Vessel and/or Fishermen Reports as required may disqualify the owner or operator from receiving future licenses or permits pursuant to Part 175 of this title. Any person who falsifies any fishing Vessel Trip Report or Purchases from Fishing Vessel and/or Fishermen Report shall be subject to the penalties established pursuant to the provisions of Article 71 of Environmental Conservation Law and may be subject to permit revocation pursuant to Part 175 of this Chapter.
Section 44.11 is renumbered as section 44.12.
A new section 44.11 is adopted to read as follows:
44.11 Confidentiality of fisheries data.
Fisheries data, statistics or other information collected from individual permit or license holders by the department or available to the department from other states or the federal government shall be confidential and shall not be disclosed except to an authorized user or when required under court order; provided, however, that the department may release or make public any statistics in an aggregate or summary form (with no less than three submitters contributing to that statistic) which does not directly or indirectly disclose the identity of any person who submits such statistics. For the purposes of these regulations an authorized user is any person that is employed by or under contract to the department or who is employed by or is under contract to the NOAA Fisheries Service, the U.S. Fish and Wildlife Service, the Mid-Atlantic Fishery Management Council, the New England Fishery Management Council, the South Atlantic Fishery Management Council, or the states of Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New Jersey, Pennsylvania, Maryland, Delaware, Virginia, North Carolina, South Carolina, Georgia or Florida, and who has been designated by such agency or state, under the auspices of the Atlantic Coastal Cooperative Statistics Program to require confidential data as a means to fulfill their job and their job is related to fisheries management and conservation.
Final rule as compared with last published rule:
Nonsubstantive changes were made in sections 40.1(c), 44.10(a) and 44.11.
Text of rule and any required statements and analyses may be obtained from:
Maureen Davidson, New York State Department of Environmental Conservation, 205 North Belle Mead Road, Suite 1, East Setauket, New York 11733, (631) 444-0857, email: mcdavids@gw.dec.state.ny.us
Additional matter required by statute:
Pursuant to the State Environmental Quality Review Act, a negative declaration is on file with the department.
Revised Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
A revised Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement are not required to accompany this Notice of Adoption. Non-substantive changes were made to text of the proposed rule to add omitted words and correct mistakes in the text (National Marine Fisheries Service should be referred to as NOAA Fisheries Service). The original Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement, as published in the Notice of Proposed Rule Making, remains valid and does not need to be amended.
Assessment of Public Comment
1. Comment: The Department of Environmental Conservation (DEC) received written comment, dated May 5, 2011, indicating that food fish license holders on small boats (less than 26 ft) would have big problems with storing and filling out the vessel trip reports at sea and suggesting that the rule be modified to allow those food fish license holders to fill out the reports at the dock or within 24 hours.
DEC response: DEC acknowledges that fishermen aboard small vessels may have to operate under different conditions for storing and handling vessel trip reports (VTRs). However, the department is seeking to enforce the reporting requirements equally on all affected license holders. As a practice, vessel trip reports must be completed before the catch is landed or, under extenuating circumstances, at the dock. Only if the VTR is completed before landing can an environmental conservation officer effectively evaluate the nature of the fishing trip, verify the catch taken and determine the compliance of the license holder.
2. Comment: DEC received written comment, dated May 16, 2011, indicating that the rule should be put into effect. The comment continues, stating that the department needs to start collecting accurate data so that New York State has accurate landings to use in regulatory meetings. The comment also requested that the SAFIS system be made better.
