New York Laws
Title 3 - Marine Fisheries
13-0329 - Lobsters; Permit to Take; Prohibited Acts.

(b) If the department administers a lobster trap tag program, any
funds derived from such program and received by the department shall be
deposited into the marine resource account established pursuant to
subparagraph (i) of paragraph three of subdivision (a) of section
eighty-three of the state finance law.
16. The department may, until December thirty-first, two thousand
twenty-four, 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
Management Plan for American Lobster adopted by the Atlantic States
Marine Fisheries Commission.
* 17. a. No lobster may be taken from Atlantic States Marine Fisheries
Commission Area Six from September eighth through November twenty-eighth
pursuant to the recommendations of the Area's Lobster Conservation
Management Team as required by the Interstate Fishery Plan for Lobsters
adopted by the Atlantic States Marine Fisheries Commission.
b. During the September eighth through November twenty-eighth closure,
lobster permit holders who use lobster traps or pots shall remove
lobster traps and pots from the water by September twenty-second.
c. No lobster trap or pot may be in the water from September
twenty-second until November fourteenth unless the lobster permit holder
also holds a permit or license that authorizes them to harvest other
species from their lobster traps or pots.
d. Lobster permit holders may set unbaited lobster traps or pots
beginning November fourteenth.
e. Lobster permit holders may set baited lobster traps or pots
beginning November twenty-first.
* NB Repealed December 31, 2024
18. a. Lobsters greater in length than provided in subdivision 5 of
this section may be imported into the state and possessed for
exportation provided that:

i. The lobsters were legally taken in the state or country where the
lobsters were landed, and, if applicable, the Atlantic States Marine
Fisheries Commission Area where the lobsters were taken;
ii. The lobsters were placed in containers and sealed with tamper
proof seals acceptable to the department in the state or country where
the lobsters were landed;
iii. The lobsters remain in the sealed containers at all times while
the lobsters are possessed in the state, including the placement of the
sealed containers in holding tanks in the state;
iv. Each sealed container is accompanied with a label, invoice, bill
of lading, purchase order or manifest identifying the state or country
where the lobsters were landed, and, if applicable, the Atlantic States
Marine Fisheries Commission Area where the lobsters were taken, the
number of lobsters contained therein, and the date the container was
sealed; and
v. The lobsters are imported, possessed and exported to or by a person
licensed pursuant to section 13-0334 of this title.
b. Lobsters greater in length than provided in subdivision 5 of this
section may be imported, possessed, sold or offered for sale in the
state provided that:
i. The lobsters were legally taken in the state or country where the
lobsters were landed, and, if applicable, the Atlantic States Marine
Fisheries Commission Area where the lobsters were taken;
ii. Each lobster is tagged in the state or country where the lobster
was landed with a tamper resistant tag acceptable to the department. The
tag shall be attached to the lobster and identify the state or country
where the lobster was landed and, if applicable, the Atlantic States
Marine Fisheries Commission Area where the lobster was taken;
iii. The tag must remain on the lobster until it is sold to the end
consumer in the state, including while in a holding tank in a restaurant
or retail outlet;
iv. Each shipment of tagged lobsters is accompanied with a label,
invoice, bill of lading, purchase order or manifest identifying the
state or country and, if applicable, the Atlantic States Marine
Fisheries Commission Area where the lobsters were taken, the number of
lobsters contained therein, and the date or dates the lobsters were
harvested; and
v. The lobsters are imported, possessed and sold or offered for sale
in the state by a person licensed pursuant to section 13-0334 of this
title.
c. The department may promulgate regulations necessary to implement
this subdivision.
19. Lobsters, or parts thereof, not in the shell, detached lobster
tails or claws, or any other part of a lobster that has been separated
from the lobster may only be possessed, purchased, offered for sale,
trade or barter, imported, or exported, provided:
a. The lobster was legally taken in the state or country where the
lobster was landed, and, if applicable, the Atlantic States Marine
Fisheries Commission Area where the lobster was taken;
b. The lobster parts are packaged with labels identifying the state,
or country where the lobster was taken and if applicable, the Atlantic
States Marine Fisheries Commission Area. Lobster parts must be packaged
and properly labeled prior to being possessed, sold, purchased or
imported in the state.

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