N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 43-2.10

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

Section 43-2.10 - Reporting and recordkeeping requirements

(a) Each holder of a permit which identifies such holder as an owner or lessee must, for each Sunday through Saturday period, report ocean quahog harvesting and sales activities to the department by the completion and submission of a report on a form provided by the department or designee.

(b) The report must be signed by the individual(s) providing it and must include the following information: name, vessel's documented name or registration number, quantity of ocean quahogs harvested on each day, area of harvest, port of landing, to whom sold and estimated fishing time for each day of fishing.

(c) If hand delivered or transmitted as a telefacsimile message (FAX), the report must be received by the department no later than Friday of the week following the report period; or, if mailed, the report must be postmarked no later than Tuesday of the week following the report period. Upon written notice to each holder of a permit which identifies such holder as an owner or lessee, reports may be required less frequently as directed by the department.

(d) The department may require that the holder of a permit which identifies such holder as an owner or lessee must report harvesting activity to the department on a daily basis. Written notice of such requirement must be provided to each affected permit holder.

(e) The owner or lessee of a vessel assigned an individual fishing quota allocation shall file accurate and complete harvesting reports of their surfclam harvesting activities, regardless of whether or not the permit holder has exercised the privilege of their permit, on forms to be provided by the department or its designee. Failure to comply with the harvest report requirements may result in the suspension of the current surfclam/ocean quahog Atlantic Ocean owner/lessee permit and/or the denial of future surfclam/ocean quahog Atlantic Ocean owner/lessee permits issued pursuant to this section.

(f) The surfclam vessel harvest reports identified in subdivision (e) of this section must be completed and filed with the department on a monthly basis on a form supplied by the department or a designee. Reports for each month shall be submitted to the department within 15 days after the end of each month. The report must be signed by the captain/operator or owner of the vessel and must include the following information: name, vessel's documented name or registration number, quantity of surfclams harvested on each day, area of harvest, port of landing, serial number(s) of cage tags used, to whom sold and estimated fishing time for each day of fishing.

(g) The captain/operator of the vessel must maintain a logbook with the daily harvest reports indicated in subdivision (f) of this section and have that information immediately available to the department or an enforcement officer upon request.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 43-2.10