NY Env Conserv L § 13-0315 (2021)
2021 New York Laws ENV - Environmental Conservation Article 13 - Marine and Coastal Resources Title 3 - Marine Fisheries 13-0315 - Shellfish Shipper's and Processor's Permit.

§ 13-0315. Shellfish shipper's and processor's permit.1.  Prior  to the processing, transportation or shipment of shellfish,   either in intra-state or inter-state commerce, an appropriate permit  to   do  so  shall  be  obtained  from  the  department. Such permit shall be   required of all shippers and  dealers  in  fresh  and  frozen  shellfish   within  the  state,  except  retail  dealers, and shall certify that the   holder thereof has  complied  with  all  the  requirements  of  sections   13-0309, 13-0311, 13-0313, 13-0317 and 13-0319 and rules and regulations   adopted pursuant thereto.2.  A  shellfish  shipper's  and/or processor's permit shall be issued   only to a person eighteen years or older. The department shall prescribe   and furnish forms for application for such permit.3. Applicants shall pay, and  the  department  shall  be  entitled  to   receive, fees according to the type of permit issued, as follows:a.  Class A permit. This permit shall allow the holder thereof and any   person  in  the  employ  of  the  permit  holder,  in  accordance   with   regulations  adopted  pursuant to section 13-0319 of this title, to: (i)   reship shellfish previously shipped by the holder of a class A, B, C,  D   or E permit issued pursuant to this section, or similar permit issued by   the  shellfish  sanitation  control  agency  of another state or foreign   country; (ii) pack or repack shellstock received from the  holder  of  a   digger's  permit,  pursuant  to  section 13-0311 of this title; or (iii)   pack or repack shellstock from the holder of a class A, B,  C,  D  or  E   permit  issued pursuant to this section, or similar permit issued by the   shellfish sanitation control agency of another state or foreign country.   The fee for a class A permit shall be three hundred dollars.b. Class B permit. This permit shall allow the holder thereof and  any   person  in  the  employ of the permit holder to engage in the activities   authorized by a class A permit, as described  in  paragraph  a  of  this   subdivision,  and  to  otherwise  process  shellfish  as  authorized  by   regulations adopted pursuant to section 13-0319 of this title.  The  fee   for a class B permit shall be six hundred dollars.c.  Class C permit. This permit shall allow the holder thereof and any   person  in  the  employ  of  the  permit  holder,  in  accordance   with   regulations adopted pursuant to section 13-0319 of this title, to reship   shellfish  previously  shipped  by the holder of a class A, B, C, D or E   permit issued pursuant to this section, or similar permit issued by  the   shellfish sanitation control agency of another state or foreign country.   The fee for a class C permit shall be two hundred dollars.d.  Class  D  permit.  This  permit shall allow the holder thereof, in   accordance with regulations adopted pursuant to section 13-0319 of  this   title,  to  ship  shellstock which the holder has legally harvested from   shellfish lands of the state. The fee for a  class  D  permit  shall  be   seventy-five dollars.e. Class E permit. This permit shall allow the holder thereof, members   of  the permit holder's immediate family and not more than two employees   of the permit holder, in accordance with regulations adopted pursuant to   section 13-0319 of this title, to shuck and pack bay scallops which have   been received from the holder of a digger's permit, pursuant to  section   13-0311  of  this  title, and to ship such scallops in the form of fresh   shucked stock only in intrastate commerce. The fee for a class E  permit   shall be fifty dollars.f.  All  permits  issued  pursuant to this section shall expire on the   thirty-first of December of  the  year  of  issue.  The  department  may   suspend  or  revoke any such permit at any time on failure of the holder   thereof to comply with the conditions thereof.