New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter F - MARINE FISHERIES › Part 42 - Sanitary Control Over Shellfish › Section 42.13 - Shellfish harvesting, identification and handling by harvesters

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this section shall apply, as appropriate,
					 to persons who, in wholesale commerce, engage in activities described in the
					 following subdivisions:
(a) Harvesting
				  shellfish for use as food for human consumption.
(1) Except as provided in this Subchapter, or
				  in subdivisions (b) and (c) of this section, no person shall harvest shellfish
				  from uncertified shellfish lands.
(2) No person shall harvest shellfish without
				  a valid shellfish digger's permit issued by the department.
(3) No person shall fail to wash shellfish
				  reasonably free from mud and sand with water as soon as possible after such
				  shellfish have been harvested. Such water shall be tidal water from certified
				  shellfish lands or fresh water of drinking water quality.
(4) No person shall fail to place harvested
				  shellfish as soon as possible after harvesting in safe containers. Such
				  containers shall have been stored in a manner which will prevent the
				  contamination thereof.
(5) No
				  person shall fail to affix securely to each such container a readily visible
				  tag at least 25/8 inches wide and 51/4 inches long constructed of a
				  substantial, waterproof and tear-resistant material with a reinforced point of
				  attachment. Such tag must indicate, in waterproof ink, the following
				  information in the specific order listed:
(i)
				  harvester's name;
(ii) harvester's
				  permit number;
(iii) harvest
				  date
(iv) harvest area, (the
				  description of the harvest area must not be less specific than the descriptions
				  set out in subdivision [d] of this section);
(v) common name of the shellfish in the
				  container
(vi) the net weight or
				  numerical count or standard measure of the shellfish in the container;
				  and
(vii) the following statement
				  in bold, capitalized type: "THIS TAG IS REQUIRED TO BE ATTACHED UNTIL THE
				  CONTAINER IS EMPTY OR RETAGGED AND THEREAFTER KEPT ON FILE FOR 90
				  DAYS".
(6) No person
				  shall fail to protect harvested shellfish from contamination, freezing and
				  excessively high temperatures.
(7)
				  No person shall fail to keep any boat, barge or vessel used for the harvesting
				  or transporting of shellfish orderly.
(8) No person shall permit shellfish or
				  shellfish containers to contact bilge water. This may be accomplished by use of
				  floorboards, false bottoms or other effective methods.
(9) No person shall permit or otherwise allow
				  any pet or other domestic animal to be on board a boat, barge or vessel used
				  for the harvesting or transporting of shellfish and no person shall fail to
				  immediately remove any such animal from such a boat, barge or vessel if such
				  animal is found thereon.
(10) No
				  person holding a digger's permit issued by the department shall harvest
				  shellfish from a vessel that is not equipped with an approved marine sanitation
				  device, portable toilet, or an impervious and cleanable container with tight
				  fitting lid provided to contain human body wastes.
(11) No person shall throw, dump, discharge
				  or permit or allow to run into the waters of certified shellfish lands any
				  human body waste, garbage, cinders, ashes, oils, sludge, contaminant or refuse
				  of any kind.
(12) No person shall
				  fail to protect harvested shellfish from excessive temperatures.
(i) During the period May 1st through October
				  31st, no harvester shall fail, by 9:00 p.m. on the day of harvest, to either
				  deliver harvested shellstock to a shellfish dealer, or store the shellstock in
				  a temperature controlled area, maintained between 33° F (0.55° C) and 45° F
				  (7.2° C).
(ii) During the period
				  November 1st through April 30th, no harvester shall fail, by 6:00 p.m. on the
				  day following the date of harvest, to either deliver harvested shellstock to a
				  shellfish dealer, or store the shellstock in a temperature controlled area,
				  maintained between 33° F (0.55° C) and 45° F (7.2° C).