NY Env Conserv L § 13-0325 (2021)
2021 New York Laws ENV - Environmental Conservation Article 13 - Marine and Coastal Resources Title 3 - Marine Fisheries 13-0325 - Clams; Prohibited Acts.

§ 13-0325. Clams; prohibited acts.1.  Except for transplanting as provided in section 13-0321, no person   shall  take,  harvest,  possess,  sell,  offer  for  sale  or  otherwise   trafficked in hard clams (Mercenaria mercenaria) measuring less than one   inch in thickness.2.  Hard  clams  less  than  one  inch  in  thickness  may be taken by   shellfish growers from leased or privately owned lands other  than  town   lands  currently  under  cultivation  by the grower for transplanting to   other such lands being cultivated by the same grower, and imported  from   another  state  by  a  shellfish  grower  for transplanting to public or   private or leased lands under cultivation, provided a  permit  for  each   separate  transplanting operation is issued by the department subject to   provisions of sections 13-0319 and 13-0321. The  permit,  providing  for   transplanting  hard  clams  less  than  one  inch in thickness, shall be   issued without fee. Such clams shall  not  be  transported  to  a  point   without the state.3.  Soft  or  steamer  clams (Mya arenaria) less than one and one-half   inches in the longest diameter shall not be  taken,  possessed,  bought,   sold or otherwise trafficked in.4.  a.  Surf,  sea, hen or skimmer clams (Spisula solidissima; Spisula   polynyma) less than three inches in the longest diameter  shall  not  be   taken,  possessed,  bought, sold, or otherwise trafficked in except that   such clams less than four inches in the longest diameter  shall  not  be   taken from the waters of the Atlantic Ocean for use as food.b.  All  surf,  sea, hen or skimmer clams and ocean quahogs taken from   the waters of the marine and coastal district shall  be  landed  in  the   state of New York.c.  Boats  of  nonresidents  may be licensed to take surf, sea, hen or   skimmer clams and ocean quahogs from the waters of  the  Atlantic  Ocean   within the marine and coastal district in accordance with paragraph c of   subdivision  three  of section 13-0309 hereof, provided that the boat is   registered in a state which accords reciprocal  clamming  privileges  to   residents  of this state and provided that the owner is a citizen of the   United States and a resident of a state according reciprocal  privileges   to  residents  of this state. The license shall be issued in the name of   the boat and shall be on board during all licensed operations.  The  fee   for  said  license  shall be five hundred dollars per boat. Each license   shall expire on the thirty-first day of  December  next  succeeding  its   issue,  and  if  it  appears  in  the public interest the department may   suspend or cancel such license on ten days  notice  in  writing  to  the   holder  thereof,  except  that  in  case of a taking from an uncertified   area, such suspension or cancellation may be without prior notice.d. Any individual, while participating in the operation of a  licensed   boat, shall be exempt from the requirements of section 13-0311 but shall   not  ship or sell shellfish taken by such boat without first obtaining a   shellfish shipper's permit as provided for in section 13-0315.5. Clams shall be culled when  taken  in  accordance  with  rules  and   regulations  promulgated  by  the  commissioner.  Clams which may not be   taken, possessed, offered for sale,  sold  or  otherwise  trafficked  in   pursuant  to the provisions of subdivision 1, 3 or 4 of this section may   compose not to exceed  three  per  centum  of  any  bushel,  package  or   container,  when  unavoidably  taken.  Such  three  per  centum shall be   determined by the  measurement  of  any  bushel,  or  other  package  or   container  of  different measurement of clams taken from the catch or in   the possession of the person offering the same for sale.6. Each bushel, or other package or container of different measurement   containing an excess of three per centum  of  clams  which  may  not  be   taken,  possessed,  offered  for  sale,  sold or otherwise trafficked in    pursuant to the provisions of subdivision 1, 3  or  4  of  this  section   determined by count shall constitute a separate violation.7. It shall be unlawful to knowingly:a. Transport, conceal or convey hard shell clams obtained or possessed   in  contravention of the provisions of this chapter in, upon or by means   of any vehicle, vessel or aircraft; orb. Conceal or possess  hard  shell  clams  obtained  or  possessed  in   contravention  of the provisions of this chapter in or upon any vehicle,   vessel or aircraft.8. The department  may,  until  December  thirty-first,  two  thousand   twenty-two,  adopt  by  regulation  measures  for the management of hard   clams (Mercenaria mercenaria), soft or steamer clams (Mya arenaria), and   razor clams (Ensis sp.), including size  limits,  catch  and  possession   limits,  open  and  closed  seasons,  closed  areas, restrictions on the   manner of taking and landing, requirements for permits  and  eligibility   therefor, recordkeeping and identification requirements, requirements on   the  amount  and  type  of  fishing  effort  and  gear, and requirements   relating to transportation, possession  and  sale,  provided  that  such   regulations  are no less restrictive than requirements set forth in this   chapter.