New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter F - MARINE FISHERIES › Part 48 - Marine Hatcheries, On-bottom And Off-bottom Culture Of Marine Plant And Animal Life › Section 48.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Unless the context otherwise requires, the following terms
					 and their derivatives when used in this Part shall have the following
					 meanings:
(a) Marine hatchery means
				  any building, pond, tank, raceway or other structure, excluding hobby aquariums
				  and natural bodies of water, in which marine plant or animal life is bred or
				  otherwise cultivated, whether located on land or water, anywhere in the
				  State.
(b) Culture or cultivation
				  means the controlled or partially controlled raising, breeding, growing,
				  planting and containment of marine plant or animal life in any marine hatchery
				  or through on-bottom or off-bottom culture as herein defined.
(c) Off-bottom culture means the raising,
				  breeding or growing of marine plant or animal life, including containment on,
				  or in, any raft, rack, float, cage, box or other similar device or structure in
				  any natural waters of the State.
(d) Waters of the marine and coastal district
				  means all those tidal waters and the lands thereunder which are located within
				  the marine and coastal district as defined in section
				  13-0103 of the Environmental
				  Conservation Law.
(e) Food fish
				  means all species of the superclass Pisces and hybrids thereof, which are
				  edible.
(f) On-bottom culture means
				  the raising, breeding, growing or planting of marine plant or animal life on,
				  or in, any natural underwater lands of the State.
(g) Commissioner means the Commissioner of
				  Environmental Conservation and his duly authorized representatives.
(h) Person means any individual, group of
				  individuals, public or private corporation, industry, copartnership,
				  joint-stock company or other legal entity.
(i) Marine plant and animal life means all
				  organisms that spend or are capable of spending all or part of their life cycle
				  in any waters of the marine and coastal district, except those fish for which
				  the department may issue a hatchery permit pursuant to the provisions of
				  section
				  11-1909 of the Environmental
				  Conservation Law.
(j) Tag means a
				  nonreusable locking marker which when locked must remain attached during
				  routine handling of each fish or part thereof.
(k) Hybrid means progeny produced by the
				  breeding of marine plant life or animal life of different species.
(l) Cultivation site means the specific
				  location in which cultivation activities may be undertaken as identified on a
				  marine hatchery, on-bottom or off-bottom culture permit issued pursuant to this
				  Part.
(m) Culturist means any
				  person authorized to conduct culture or cultivation activities under a permit
				  issued by the department pursuant to this Part.
(n) Shellfish dealer tag means a tag required
				  to be affixed to a container of cultivated shellfish prior to sale and shipment
				  for consumption or resale consistent with the provisions of section
				  42.11(a)(3) of
				  this Title.
(o) Shellfish tag means
				  a tag required to be affixed to a container of cultivated shellfish prior to
				  sale for consumption or resale consistent with the provisions of section
				  41.13(a)(5) of this Title.
(p)
				  Shellstock means any shellfish that have not been processed or released from
				  one or both sells and remains as a whole animal in the shell.
(q) Shucked means to have processed and
				  released shellfish from one or both shells.
(r) Wild bay scallops means all bay scallops
				  existing in a wild or natural state that are not subject to culture or
				  cultivation under a permit issued by the department pursuant to this
				  Part.
(s) Wild shellfish means all
				  shellfish existing in a wild or natural state that are not subject to culture
				  or cultivation under a permit issued by the department pursuant to this
				  Part.