NY Env Conserv L § 13-0311 (2021)
2021 New York Laws ENV - Environmental Conservation Article 13 - Marine and Coastal Resources Title 3 - Marine Fisheries 13-0311 - Digger's Permit to Take Shellfish for Commercial Purposes; When Not Required.

§  13-0311.  Digger's  permit to take shellfish for commercial purposes;when not required.1. Subject to the provisions  of  this  article,  a  person  may  take   shellfish  from  under water lands in the state for commercial purposes,   including the culling, sorting or tagging of such shellfish,  only  upon   first  obtaining  a  digger's  permit  from  the  department,  provided,   however, that the application for such permit by a person sixteen  years   of  age  or  under  shall be signed by his parent or legal guardian, who   shall thereby consent to the issuance of the permit.2. The department shall prescribe and furnish  forms  for  application   for such permit.3.  The  fee  for  such  permit  shall  be  fifty dollars for a person   domiciled within the state. The fee for persons not domiciled within the   state shall be one hundred fifty dollars. Such permit  shall  expire  on   December  31 of the year of issue. If it appears in the public interest,   the department may, after hearing held on ten day's notice,  suspend  or   cancel such permits, except that in case of a taking from an uncertified   area such suspension or cancellation may be without prior notice.4.  The holder of such permit shall not ship or sell shellfish, except   to a holder of a valid  Class  A,  B,  or  E  shipper's  permit,  issued   pursuant  to  section 13-0315 of this title, who has a place of business   in the county of Nassau or Suffolk, without first obtaining a  shipper's   permit as provided in subdivision 1 of section 13-0315.5.  Subject  to  the provisions of this article, a person may, without   permit, take not more than  a  total  of  four  pecks  (one  bushel)  of   shellfish  other  than  bay scallops and not more than four pecks of bay   scallops (Argopecten irradians) in any one  day  for  the  use  of  such   person  or  such  person's  family. Within the one bushel total limit of   species, other than bay scallops, which may be  taken  in  one  day  the   following species-specific limits shall apply:a.  Hard  clams  (Mercenaria  mercenaria).  Not  more than one hundred   individual organisms.b. Blue mussels (Mytilus edulis). Not more than two pecks.c. Oysters (Crassostrea virginica). Not more than two pecks.d. Soft Clams (Mya arenaria). Not more than two pecks.6. The holder of such digger's permit shall carry the permit  assigned   to  such  holder  while  engaged  in  the  permitted activities, and the   failure by such holder to exhibit the permit to any shellfish inspector,   environmental conservation  officer,  health  official,  peace  officer,   acting  pursuant  to  such  officers'  special duties, police officer or   magistrate shall be presumptive evidence that no valid  digger's  permit   has been issued to the person who fails to produce such permit.7.  No  person shall take shellfish or assist another in the taking of   shellfish in any quantity, including the culling, sorting or tagging  of   such  shellfish,  during  the  time  that  such person's digger's permit   privileges have been revoked or suspended.8. Endorsed vessels. a. Upon application to the  department  on  forms   furnished by the department, a shellfish digger's permit may be endorsed   for  use  on  a  vessel,  in  which case such permit shall authorize all   persons on board such vessel to engage  in  the  taking  of  hard  clams   (Mercenaria  mercenaria)  and oysters (Crassostrea virginica), including   the culling, sorting, and tagging of such  shellfish.  Each  application   shall  include  a  copy  of  one  of the following documents as proof of   vessel length: the certificate of documentation for the vessel issued by   the United States government, or the registration for the vessel  issued   by any state government within the United States.b. The fee for endorsing a shellfish digger's permit to a vessel shall   be  fifty  dollars for a vessel that is forty feet or less in registered    length, and one hundred dollars for a vessel that is greater than  forty   feet  in  registered length. Such fee shall be in addition to the permit   fee provided for in subdivision three of this section.c.  Not  more than one rake, tong or other shellfish harvesting device   shall be used for the taking of hard clams and oysters at any given time   pursuant to a digger's permit which has been endorsed to a vessel.d. A shellfish digger's permit which has been  endorsed  to  a  vessel   shall  not  cover  any person whose shellfish digger's permit privileges   have been revoked or suspended.e. The holder of a shellfish digger's permit which has  been  endorsed   to  a  vessel shall be on board such vessel at all times when the vessel   is being used for the taking of hard clams and oysters.f. The holder of a shellfish digger's permit which has  been  endorsed   to  a vessel shall be liable for all violations of this title that occur   on such vessel.g. If the holder  of  a  shellfish  digger's  permit  which  has  been   endorsed to a vessel is a corporation, the operator of such vessel shall   possess  a  separate  shellfish digger's permit issued in the operator's   name, and such operator shall be liable for all violations of this title   that occur on such vessel.h. A shellfish digger's permit shall not be endorsed to more than  one   vessel at any one time.i.  The  holder of a shellfish digger's permit which has been endorsed   to a vessel  shall  maintain  a  daily  log  indicating  the  names  and   addresses  of individuals covered by such permit for each day the vessel   is used for taking hard clams  and  oysters  and  shall  make  such  log   available to the department upon request.