New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter F - MARINE FISHERIES › Part 43 - Surf Clam/ocean Quahog Fishery Management › Subpart 43-2 - Atlantic Ocean › Section 43-2.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following terms and derivatives when used in this
						Subpart shall have the following meanings:
(a) Atlantic Ocean means all those waters of
					 the Marine and Coastal District, excluding bays and harbors, which are seaward
					 of Long Island's south shore and, at the east end, are southerly of a line
					 between Montauk Point, Long Island, and Southeast Point, Block Island; and, at
					 the west end, are easterly of a line between Rockaway Point, Long Island, and
					 the most northerly tip of Sandy Hook, New Jersey.
(b) Cage tag means a serially numbered and
					 tamper-evident tag required to be affixed to all standard cages or industry
					 standard bushel containers, or portion thereof, of surfclams harvested by
					 mechanical means from the New York State certified waters of the Atlantic Ocean
					 which is obtained from the department or a vendor approved by the
					 department.
(c) Certified waters
					 means waters which are certified to be in such sanitary condition that
					 shellfish therefrom may be taken for use as food pursuant to Part 41 of this
					 Title.
(d) Commissioner means the
					 Commissioner of the New York State Department of Environmental
					 Conservation.
(e) Department means
					 the New York State Department of Environmental Conservation.
(f) Digger's permit means a permit issued
					 pursuant to section
					 13-0311 of the Environmental
					 Conservation Law.
(g) Effective
					 fishing area means that area of the sea bottom from which harvesting gear
					 collects shellfish, including: the width or cutting area of blades, bars,
					 wires, suction heads or similar structures or openings, including any water jet
					 area, which affect the swath or overall width of the path from which surf clams
					 and ocean quahogs are taken.
(h)
					 Individual fishing quota means the annual allocation of surfclam quota that is
					 assigned to each eligible surfclam vessel based on the annual harvest limit
					 divided equally by the number of eligible vessels authorized to participate in
					 the Atlantic Ocean surfclam fishery.
(i) Industry standard bushel means a unit of
					 measure which is 1.88 cubic feet in volume.
(j) Operator means an individual who may be
					 held responsible for the fishing activities of a vessel. An operator is
					 commonly referred to as the captain or master of a vessel.
(k) Person means an individual, partnership,
					 corporation or any other legal entity.
(l) Resident means a person whose domicile is
					 within New York State.
(m) Standard
					 cage means a container which is 60 cubic feet in volume and holds 32 industry
					 standard bushels of surf clams and ocean quahogs in the shell.
(n) Vessel monitoring system means a vessel
					 monitoring system or unit that is installed on board a vessel for monitoring
					 and transmitting the vessel's position as required by this Subpart.