njdiver1
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For Release: Friday, February 1, 2013
Lobster Closed Season: February 1 Through March 31 in Lobster Conservation Management Area 4 - Ocean Waters off The South Shore of Long Island
Revisions Comply with Fishery Management Plan Requirements
The New York State Department of Environmental Conservation (DEC) implemented new, emergency regulations to establish a closed season for lobster harvest and landings from Lobster Conservation Management Area (LCMA) 4, the agency announced today. Lobster Management Area 4 includes all New York waters off the south shore of Long Island.
The harvest and landing of lobsters from LCMA 4 is prohibited from February 1 through March 31. During the February 1 through March 31 season closure, lobster permit holders who use lobster traps or pots will have a two-week period to remove lobster pots from the water after the closed season begins. All pots must be removed by February 14. Unbaited lobster traps or pots may be set beginning March 24, one week prior to the end of the closed season. Permit holders who designate multiple LCMAs on their permit must abide by the most restrictive rule which requires them to abide by the closed season rules for all the LCMAs listed on their permit. These changes are effective February 1, 2013.
The Atlantic States Marine Fisheries Commission (ASMFC) American Lobster Management Board approved Addendum XVII to the American Lobster Fishery Management Plan (FMP) with the objective of decreasing lobster harvest in Southern New England by 10 percent to initiate stock rebuilding. The Addendum contained measures for lobster conservation management areas (LCMAs) 2, 3, 4, 5, and 6. These measures implement a closed season in LCMA 4.
The new rules are designed to meet the requirements of the management plan. For additional information about these revisions, contact DEC Marine Resources Division at 631-444-0444.
http://www.dec.ny.gov/press/88873.html
New York Environmental Conservation - Title 3 - § 13-0329 Lobsters; Permit to Take; Prohibited Acts
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16. The department may, until December thirty-first, two thousand
fifteen, adopt regulations for Atlantic States Marine Fisheries
Commission Areas One, Two, Three, Four, Five, and Outer Cape Cod, to
implement conservation measures that affect landings of lobsters,
pursuant to the recommendations of the respective Area's Lobster
Conservation Management Team as required by the Interstate Fishery Plan
for Lobsters adopted by the Atlantic States Marine Fisheries Commission.
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http://law.onecle.com/new-york/envir...9_13-0329.html
Part 44: Lobsters and Crabs
(Statutory authority: Environmental Conservation Law, §§ 11-0303, 11-1303, 13-0105, 13-0329, 13-0331, 13-0343-a, 13-0371)
[Last amended June 12, 2013]
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§44.1 Lobsters.
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(h) Season closure.
(1) The harvest and landing of lobsters from LMA 4 is prohibited from February 1 through March 31.
(2) During the February 1 through March 31 closure, lobster permit holders who use lobster traps or pots will have a two week period to remove lobster pots from the water after the closed season begins. No lobster trap or pot may be in the water from February 15 to March 24, unless the lobster permit holder also holds appropriate license(s) to harvest other species from their traps or pots. Lobster permit holders may set un-baited lobster traps or pots one week prior to the end of the closed season.
(3) Permittees who designate more than one LMA in their lobster permit application shall abide by the closed seasons rules in all designated LMAs, regardless of where they are fishing. Any person who possesses more than one commercial lobster permit shall abide by the closed season rules of the LMAs designated on all of their permits, regardless of where they are fishing. Any permittee who fails to designate an LMA on their application shall abide by all the closed season rules of the LMAs 1, 2, 3, 4, 5, 6, and Outer Cape Cod (OCC). The department shall provide license holders written notice of the current closed season rules of LMAs 1, 2, 3, 4, 5, 6 and OCC annually.
(4) These regulations apply to both commercial and recreational lobstermen.
http://www.dec.ny.gov/regs/4011.html
From a letter dated June 21, 2012:
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Effective January 1, 2013, A person fishing with any gear type in ASMFC Lobster Conservation Management Area (LCMA) 4 and/or 5 or that has designated LCMA 4 and/or 5 for fishing on their Federal Fisheries or State Lobster Pot Permit shall not take or attempt to take, land, have in his or her possession, sell or offer to sell any American lobster during the closed season of February 1 through March 31.
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http://www.state.nj.us/dep/fgw/pdf/2012/lobster_reg.pdf
NEW JERSEY ADMINISTRATIVE CODE
Copyright (c) 2013 by the New Jersey Office of Administrative Law
*** This file includes all Regulations adopted and published through the ***
*** New Jersey Register, Vol. 45, No. 21, November 4, 2013 ***
TITLE 7. ENVIRONMENTAL PROTECTION
CHAPTER 25. DIVISION OF FISH AND WILDLIFE RULES
SUBCHAPTER 14. CRAB AND LOBSTER MANAGEMENT
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N.J.A.C. 7:25-14.15 (2013)
§ 7:25-14.15 Prohibitions
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(c) A person fishing in ASMFC Lobster Management Area (LMA) 4 and/or 5 or that has designated LMA 4 and/or 5 for fishing on their Federal Fisheries or State Lobster Pot Permit shall not take or attempt to take, land, have in his or her possession, sell, or offer to sell any American lobster during the closed season of February 1 through March 31, inclusive. During the closed season, no dealer shall accept, have in his or her possession, buy or offer to buy, sell, or offer to sell any American lobster harvested from LMA 4 and/or 5. During the closed season, all lobster traps in LMA 4 and/or 5 must be removed from the water. However, a licensee shall have a two-week period from when the season closes to accomplish removal of all lobster traps. In addition, lobster traps may be set one week prior to the season reopening. If the license holder is harvesting other species with lobster trap gear, the lobster trap gear does not need to be removed; however, it shall be tended at least every 30 days.
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http://www.lexisnexis.com/hottopics/njcode/
