reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter F - MARINE FISHERIES › Part 38 - Lobsters and Crabs › Section 38.1 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Introduction.
The purpose of this Part is to clearly delineate the rules
					 and regulations requiring the reporting of fishing activities to the
					 department, insuring confidentially of collected fishing data, and detailing
					 the requirements for the tagging of fish. The rules in this Part shall apply to
					 all those who hold a Crab Permit, Food Fish and Crustacea Dealer and Shipper
					 License, Food Fish License, Food Fish Landing License, Lobster Permit, Lobster
					 Landing Permit, Marine Bait Permit, Party and Charter Boat License, Whelk
					 License, Gill Net License, Eel Pot License, Eel Weir License, Seine License,
					 Scoop/Dip/Scap Net License, Trap Net License, or Fyke Net
					 License.
(b) Definitions.
For the purposes of this Part, the following definitions
					 apply:
(1) eDR means a web-based
				  application where seafood dealers can create and submit electronic dealer
				  reports as required by state and federal fisheries agencies.
(2) Electronic reporting means the submission
				  of fisheries related data by means of a digital application on a computer,
				  tablet, or cellular phone.
(3)
				  Electronic vessel tracker means an electronic device used to collect and
				  transmit spatial vessel location data.
(3) eTRIPS means an online application where
				  fishermen can complete and submit commercial, party and charter, or
				  recreational trip reports as required by state and federal agencies.
(4) Standard Atlantic Fisheries Information
				  System or SAFIS means a coastwide fisheries data collection system operated by
				  the Atlantic Coastal Cooperative Statistics Program.
(5) A vessel trip report or VTR means a
				  document, either paper or electronic, that details all fishing activities and
				  all the species caught or landed and their amounts that is submitted to the
				  department or National Oceanographic and Atmospheric Administration (NOAA)
				  Fisheries (National Marine Fisheries Service (NMFS)).
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter F - MARINE FISHERIES › Part 38 - Lobsters and Crabs › Section 38.3 - Lobster and Jonah crab electronic vessel trackers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Federally
				  permitted vessels in the lobster and Jonah crab fisheries issued commercial
				  trap gear area permits are required to install an Atlantic States Marine
				  Fisheries Commission approved electronic tracking device to collect and
				  transmit spatial data in order to participate in the lobster or Jonah crab trap
				  gear fisheries.
(b) Federally
				  permitted vessels without an approved electronic tracking device are prohibited
				  from landing lobster or Jonah crab taken with trap gear.
(c) Federal permit holders are required to
				  install and activate the tracking device prior to beginning a lobster or Jonah
				  crab fishing trip with trap gear. The Department is not required to aid with
				  the installation or troubleshooting of vessel trackers.
(d) The permit holder must complete, sign,
				  date, and return an affidavit for tracking device certification to the
				  department prior to departing on the first fishing trip after the program
				  implementation date of December 15, 2023.
(e) The device must remain on board the
				  vessel and powered at all times when the vessel is in the water, unless the
				  device is authorized to power down by the principal port state.
(1) Possible reasons for authorization to
				  power down include but are not limited to vessel haul out/repairs and device
				  failure reported to the principal port state.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter F - MARINE FISHERIES › Part 39

Current through Register Vol. 46, No. 28, July 10, 2024
The
				  adopted version of this part by
				  New
				  York State Register January 18, 2023/Volume XLIV, Issue 03, eff.
				  1/18/2023 is not yet
				  available
The
				  amended version of this part by
				  New
				  York State Register July 10, 2024/Volume XLVI, Issue 28, eff.
				  7/10/2024 is not yet
				  available.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter F - MARINE FISHERIES › Part 40 - Marine Fish › Section 40.2 - Atlantic salmon

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall take Atlantic salmon from the waters of the
					 marine and coastal district.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter F - MARINE FISHERIES › Part 40 - Marine Fish › Section 40.3 - Fish unintentionally taken

Current through Register Vol. 46, No. 28, July 10, 2024
Any fish unintentionally taken in violation of this Part
					 must be immediately returned to the water without unnecessary
					 injury.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter F - MARINE FISHERIES › Part 40 - Marine Fish › Section 40.5 - Fish pots or traps

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Definitions.
(1) A
fish
				  pot
or
fish trap
is any box-like or cage-like device
				  other than a lobster pot made of any material that is capable of taking and
				  holding fish until removed by the fisher. Traps less than 30 inches in length
				  used only to take bait and trap nets and pound nets are not fish pots or fish
				  traps regulated under this section.
(2) A
lobster pot
is any
				  box-like or cage-like device regulated and defined under Part 44 of this
				  Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter F - MARINE FISHERIES › Part 41 - Sanitary Condition of Shellfish Lands › Section 41.0 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
The following is a statement of sanitary condition of
					 shellfish lands in New York State. Notice of changes in classification will be
					 sent to baymen by mail as and when they may occur. Whenever used in this
					 Part:
(a) The term
mile
refers to statute mile.
(b) The term
monument
refers
				  to a permanent post or marker placed on or near the shore by the Department of
				  Environmental Conservation to serve as a landmark in establishing the lines of
				  closure.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter F - MARINE FISHERIES › Part 41 - Sanitary Condition of Shellfish Lands › Section 41.1 - Shellfish lands in Westchester, Rockland, Bronx, Kings, New York, Richmond, and Queens Counties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) During the
				  period January 1 through December 31, both dates inclusive, all shellfish lands
				  in Westchester, Rockland, Bronx, Kings, New York, Richmond, and Queens
				  Counties, except those lands listed in subdivision (b) of this section, are in
				  such sanitary condition that the shellfish thereon shall not be taken for use
				  as food, and such lands are designated as uncertified areas.
(b)
Atlantic Ocean.
During the
				  period January 1 through December 31, both dates inclusive, all that area of
				  the Atlantic Ocean within the three-nautical mile New York State jurisdictional
				  limit lying easterly of a line originating at the southeasternmost corner of
				  the easternmost cabana building at the Silver Gull Beach Club (located at the
				  foot of Beach 193rd Street, at the western limit of Fort Tilden, in Rockaway
				  Point, local landmarks) and extending southeasterly to Ambrose Channel Lighted
				  Whistle Buoy "A" (RW "A" Mo (A) W WHIS RACON "N" -.) (located at the approach
				  to Ambrose Channel); and all that area of the Atlantic Ocean within the
				  three-nautical mile New York State jurisdictional limit lying southerly and
				  westerly of a line extending southwesterly from East Rockaway Inlet Breakwater
				  Light (Fl W 4s 34ft 4M) (located at the tip of the jetty at the southern
				  entrance to East Rockaway Inlet) to East Rockaway Inlet Lighted Bell Buoy "ER"
				  (RW "ER" Mo (A) W BELL 5M), and thence continuing northwesterly to the
				  southeasternmost corner of the southeasternmost apartment building of Dayton
				  Towers (located at 7400 Shore Front Parkway, Arverne, local names and local
				  landmarks), is in such sanitary condition that the shellfish thereon may be
				  taken for use as food, and such area is designated as certified.
'Note': All reference points in this section, except local
					 landmarks and local names, are taken from N.O.A.A. Nautical Chart No. 12326,
					 53rd Ed., January 2016 and U.S.C.G. Light List Volume 1, 2021.
All reference points in this section, except local
						landmarks and local names, are taken from N.O.A.A. Nautical Chart No. 12326,
						53rd Ed., January 2016 and Light List Volume 1, 2019.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter F - MARINE FISHERIES › Part 41 - Sanitary Condition of Shellfish Lands › Section 41.4 - Emergency closing of shellfish lands

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where the
				  commissioner, or the regional director of the Department of Environmental
				  Conservation within whose region such shellfish lands are located, determines
				  that a condition in an area certified for the taking of shellfish under this
				  Part constitutes an imminent danger to the health of the people of the State,
				  he may designate such area as uncertified for a period not to exceed seven days
				  exclusive of the day in which such designation is made. The commissioner or
				  such regional director may rescind such designation prior to the expiration of
				  the seven days.
(b) The
				  commissioner or regional director making a designation or rescission pursuant
				  to subdivision (a) of this section shall give such publicity to such
				  designation or rescission as he reasonably determines would give reasonable
				  notice to interested parties in the affected areas.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter F - MARINE FISHERIES › Part 41 - Sanitary Condition of Shellfish Lands › Section 41.5 - Temporarily uncertified shellfish lands

Current through Register Vol. 46, No. 28, July 10, 2024
The shellfish lands described in this section have not been
					 subject to complete examinations to determine the sanitary condition thereof
					 and are hereby designated as uncertified areas.
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 42.1 - Intent of this part

Current through Register Vol. 46, No. 28, July 10, 2024
It is the intent of this Part to provide adequate sanitary
					 control over all noncommercially sterile shellfish in wholesale commerce in the
					 State of New York.
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 42.3 - Applicability; general prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The provisions of this Part shall apply to all persons who, in wholesale
				  commerce, engage in any aspect of shellfishing in the State of New York,
				  including, but not limited to, the growing, harvesting, processing, handling,
				  microbiological cleansing, packing, repacking, receiving, storing, possessing,
				  transporting, distribution, shipping, reshipping and/or selling or offering for
				  sale of shellfish.
(b) Failure to
				  comply with the provisions of this Part or the conditions of any permit issued
				  pursuant to this Part is a violation of this Part.
(c) Nothing contained in this Part shall be
				  construed as relieving any person from complying with any applicable Federal,
				  State or local law or rule or regulation.
(d) Nothing contained in this Part shall be
				  construed as preventing the department from inspecting retailers and/or other
				  nonpermit holders to insure compliance with applicable provisions of article 13
				  of the Environmental Conservation Law and this Part, when the department deems
				  that such inspections may be necessary to assure that the public health, safety
				  and welfare of the people of the State of New York are protected and the intent
				  and purposes of article 13 of the Environmental Conservation Law and this Part
				  will be carried out.
(e) No person
				  engaged in any activity described in this Part shall purchase or receive
				  shellfish from a person who has failed to obtain and maintain a valid and
				  appropriate permit issued by the department or a similar valid permit issued by
				  the shellfish sanitation control agency of the exporting state or foreign
				  country. In order for such permit to be acceptable to the department, the
				  shellfish sanitation control program of such agency of such state or foreign
				  country shall have been endorsed and/or approved by the United States
				  Department of Health and Human Services, Public Health Service, Food and Drug
				  Administration.
(f) No person shall
				  import into the State of New York shellfish for use as food for human
				  consumption unless such shellfish have been grown, harvested, processed,
				  stored, packed, repacked, shipped, reshipped, as appropriate, under sanitary
				  conditions which are in substantial compliance with the provisions of this
				  Part.
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 42.5 - Conditions of a permit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any permit
				  issued pursuant to article 13 of the Environmental Conservation Law or this
				  Part may be issued with conditions. Conditions may be attached as may be
				  necessary to assure that the public health, safety and welfare of the people of
				  the State of New York are protected and that the intent and purposes of this
				  Part will be carried out. Facilities, buildings, structures, equipment and
				  conveyances used for activities described in this Part shall be in compliance
				  with the applicable provisions of this Part and shall be approved by the
				  department prior to the issuance of a permit.
(b) Every permit issued pursuant to article
				  13 of the Environmental Conservation Law or this Part shall contain the
				  following conditions:
(1) the department
				  shall have the right to inspect any facility, building, structure, property or
				  conveyance used for any activity described in this Part;
(2) the department shall have the right to
				  take samples, without payment, of shellfish, water, chemicals, food ingredients
				  and other substances for examinations;
(3) the department shall have the right to
				  inspect any hazard analysis and hazard control plans, hazard control plan
				  records, sanitation records, tags, labels, shipping or receiving invoices,
				  bills of lading or other records required to be kept pursuant to this
				  Part;
(4) the permit shall expire
				  on December 31st of the year of issue;
(5) the violation of any condition of a
				  permit or provision of this Part may result in permit modification, suspension
				  or revocation and/or seizure of any lot, quantity or shipment of shellfish
				  and/or related materials associated with such violation; and
(6) the permit shall be made available for
				  inspection by the department at all times from the date of issue through the
				  date of expiration and during conducting of any activity described in this
				  Part.
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 42.6 - License or permit revocations

Current through Register Vol. 46, No. 28, July 10, 2024
The revocation of licenses or permits issued pursuant to
					 this Part will be pursuant to the provisions of Part 175 of this
					 Title.
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 42.7 - Recordkeeping requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General
				  prohibitions.
(1) No person shall fail to
				  maintain complete and accurate records of all shellfish transactions sufficient
				  to include all required information.
(2) No person shall fail to make records of
				  all shellfish transactions available for inspection for a period of at least
				  two years for frozen shellfish and one year fresh shellfish from the date of
				  the last entry.
(3) No processor
				  shall fail to assign and include lot numbers in records for specific batches of
				  shellfish processed as a permit condition, when deemed necessary by the
				  department.
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 42.8 - Facilities, buildings, structures and surrounding grounds

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall use or construct a new
				  facility, building or structure, nor alter an existing facility, building or
				  structure, for the receiving, packing, processing, storage or handling of
				  shellfish unless it is approved by the department.
(b) No person shall use a facility, building
				  or structure unless it is of such a size that work can be carried out in an
				  orderly and sanitary manner.
(c) No
				  person shall fail to keep a facility, building or structure clean, orderly and
				  in good repair.
(d) No person shall
				  allow access to operational areas of a facility, building or structure to
				  unauthorized persons or employees.
(e) No person shall use a facility, building
				  or structure unless unused or non-essential equipment is stored in areas where
				  shellfish activities are not conducted or such equipment is removed from the
				  premises.
(f) No person shall use a
				  facility building or structure that is subject to flooding during ordinary high
				  tides.
(g) No person shall use a
				  facility, building or structure that becomes flooded.
(1) All shellfish activities shall be
				  discontinued immediately and resumed only after the flood waters have
				  receded.
(2) The facility, building
				  or structure shall be cleaned and sanitized before shellfish operations can
				  resume.
(3) Any shellfish related
				  equipment shall be cleaned and sanitized before it can be used.
(4) Any shellfish packaging materials that
				  have come into contact with flood waters must be adequately disposed
				  of.
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 42.9 - Safety of water and ice

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Water
				  supply.
(1) No person shall fail to provide a
				  water supply of drinking water quality.
(2) No person shall use a facility, building
				  or structure which does not have a permanently installed supply of water and
				  cold running water of drinking water quality.
(3) No person shall use a water supply that
				  is not protected from backflow.
(4)
				  No person shall use a water supply unless it is protected from wastewater
				  and/or sewage cross connections.
(5) No person shall fail to have water from
				  non-public water systems or private wells tested prior to use, after it has
				  been repaired and at least two times a year by an approved
				  laboratory.
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 42.10 - Plumbing, hand washing sinks, sewage, wastewater, toilets and toilet rooms

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall
				  fail to permanently install plumbing in compliance with applicable plumbing
				  codes.
(b) No person shall fail to
				  provide an easily accessible and permanently installed hand washing sink with
				  the following:
(1) warm water at a minimum
				  temperature of at least 100° F (37.8° C) dispensed from a hot and cold mixing
				  or combination faucet;
(2)
				  permanently installed drains that are connected to effective and appropriate
				  waste disposal areas;
(3) adequate
				  supplies of hand-cleaning liquid or powered soap or detergent in suitable
				  containers;
(4) adequate supplies
				  of single-service sanitary towels or approved mechanical hand- drying
				  devices;
(5) highly visible and
				  understandable signs directing workers and/or employees to wash their hands
				  thoroughly with soap or detergent before starting work and before returning to
				  work after any interruption; and
(6) refuse containers are provided at hand
				  washing sink locations.
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 42.11 - Receiving, packing, repacking, and processing shellfish

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Identification of shellfish by shellfish
				  dealers.
(1) General requirements.
(i) No person, including retailers, shall
				  receive, store, possess, sell, offer for sale, transport, ship, reship or
				  caused to be received, stored, possessed, sold, offered for sale, transported,
				  shipped or reshipped, shellfish in containers that have not been properly
				  tagged and/or labeled.
(ii) Except
				  as provided in subparagraph (iii) of this paragraph or this Part, no person,
				  including retailers, shall remove or deface any tag and/or label required to be
				  affixed to any container pursuant to this Part.
(iii) No person, including retailers, shall
				  fail to retain any tag and/or label required to be affixed to any container
				  pursuant to this Part when such container is emptied or from which the tag
				  and/or label is legally removed upon retagging or relabeling. Such tags and/or
				  labels shall be available for inspection by the department for a period of 90
				  days from the date such tag and/or label is removed and shall be retained in an
				  orderly manner by date.
(iv) No
				  person, including retailers, shall receive, purchase, possess, sell, offer for
				  sale, give or cause to be received, purchased, possessed, sold, offered for
				  sale or given, any shellfish tag or label that belongs to another shipper,
				  except the tag or label that is required to be affixed to each container of
				  shellfish pursuant to this Part.
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 42.12 - Storage of shellfish

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Shellfish dry storage.
(1) No holder of a
				  shellfish shipper's permit shall fail to provide a designated area for the dry
				  storage of shellfish that complies with the requirements of this subdivision.
(i) No person shall fail to separate dry
				  storage areas and activities from other facilities and activities by means of
				  partitions or other effective methods.
(ii) No person shall allow, during the
				  duration of the term of the applicable permit, the use of a dry storage area
				  for any purpose other than the dry storage of foodstuffs.
(iii) No person shall fail to provide a dry
				  storage area with light bulbs, tubes and other sources of illumination that are
				  shielded, coated or otherwise shatter resistant.
(iv) No person shall operate a dry storage
				  area that is not of sufficient size to permit the inspection of contents,
				  adequate air circulation and work space for employees.
(v) The floors shall be constructed of
				  smooth, water-impervious materials and are graded to effective drains or
				  outlets that provide rapid drainage of waste waters to effective and
				  appropriate wastewater disposal areas.
(vi) The walls shall be covered with
				  impervious, smooth and light-colored materials.
(vii) The ceilings shall be covered with
				  smooth. impervious light-colored materials.
(viii) The junction between floors and walls
				  shall be sealed and impervious.
(ix) The dry storage area shall be equipped
				  with automatic temperature controls capable of continuously maintaining the
				  temperature between 33° F (0.55° C) and 45° F (7.2° C).
(x) The dry storage area shall be equipped
				  with an accurate (k2° F) a readily visible thermometer or an accurate (k2° F)
				  temperature recording device.
(xi)
				  The dry storage area shall be washable throughout, kept orderly, in good
				  repair, protected from insects, vermin, domestic animals and other agents and
				  forms of potential contamination.
(xii) Shellfish shall not be placed, stored
				  or allowed to be placed or stored directly on the floor or any other possible
				  contaminated surface. This may be accomplished by the use of impervious, easily
				  cleanable pallets, racks or other effective devices. Such pallets, racks or
				  other effective devices shall be washed frequently to maintain
				  cleanliness.
(xiii) Frozen
				  shellfish shall be maintained at 0° F (-17.8° C) or lower.
(xiv) Unfrozen shucked shellfish or unfrozen
				  portions shall be maintained between 33° F (0.55° C) and 45° F (7.2°
				  C).
(xv) Unfrozen shellstock shall
				  be maintained between 33° F (0.55° C) and 50° F (10° C).
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 42.15 - Microbiological cleansing of shellfish

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicability. The provisions of this
				  section shall apply to any person operating or responsible for the operation of
				  facilities, buildings and structures used for the microbiological cleansing of
				  shellfish for use as food for human consumption.
(b) General prohibitions.
(1) No person shall operate a facility,
				  building or structure for the microbiological cleansing of shellfish without a
				  valid class B shipper's permit and a valid shellfish microbiological cleansing
				  operator's permit issued by the department.
(2) No person shall construct a new facility,
				  building or structure, nor alter an existing facility, building or structure
				  for the microbiological cleansing of shellfish, unless and until the plans
				  therefor have been submitted to and approved by the department.
(3) No person shall be issued a
				  microbiological cleansing operator's permit by the department until such
				  person's facilities, building, structures and equipment are in compliance with
				  applicable provisions of this Part and until such person submits acceptable
				  evidence to the department that such facilities will microbiologically cleanse
				  shellfish in compliance with the requirements of this section and applicable
				  provisions of this Part.
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 42.16 - Microbiological cleansing supervision and associated fees and security requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Supervision.
(1) All harvesting, transporting
				  and processing of shellfish in connection with microbiological cleansing shall
				  be subject to such supervision as the department deems necessary to protect the
				  public health and safety and to conform to the provisions of this
				  Part.
(2) All persons possessing a
				  shellfish microbiological cleansing operator's permit or a shellfish
				  microbiological cleansing-principal harvester's permit, pursuant to the
				  provisions of this Part, must pay a supervision fee as specified below.
				  Municipalities or other political subdivisions are exempt from the provisions
				  of this section.
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 42.17 - Shellfish hazardous for use as food for human consumption

Current through Register Vol. 46, No. 28, July 10, 2024
When the department determines that shellfish might be
					 hazardous for use as food for human consumption, such action shall be taken as
					 deemed necessary to protect the public health and welfare. The department may
					 prohibit shellfishing activities, such as, but not limited to, the harvesting,
					 shucking, processing, packing, transporting, selling, storing and
					 microbiological cleansing of shellfish for use as food. The department may
					 advise the general public, shellfish industry and public health officials that
					 shellfish might be hazardous for use as food.
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 42.18 - Examination and condemnation of shellfish

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Shellfish may be sampled and examined by
				  the department as often as necessary to determine that such shellfish have been
				  harvested, received, processed, shucked, packed, repacked, stored or conveyed
				  in a manner in compliance with the provisions of this Part. The department may,
				  upon written notice to the permit holder or person in charge, place an embargo
				  order on any shellfish that have been or where there is probable cause to
				  believe were harvested, processed, shucked, packed, repacked, stored or
				  conveyed in a manner not in compliance with the provisions of this Part. Under
				  an embargo order, shellfish shall be stored in a manner determined by the
				  department. No person shall remove or alter an embargo order, notice or tag
				  placed on shellfish by the department, and neither such shellfish nor the
				  containers thereof shall be moved, relabeled, retagged, packed, repacked,
				  processed, reprocessed, altered, sold, disposed of or destroyed without
				  permission of the department, except by order of a court of competent
				  jurisdiction. After the permit holder or person in charge has had notice of a
				  hearing and an opportunity to be heard, as provided for in section
				  42.6 of this Part, based on the
				  evidence produced at such a hearing or on the basis of examination by the
				  department, or in the event that the permit holder or person in charge defaults
				  in appearing at such hearing, the department may vacate the embargo order,
				  direct the permit holder or person in charge of the shellfish which were placed
				  under the embargo order to denature or destroy such shellfish in a manner
				  determined by the department or to bring such shellfish into compliance with
				  the provisions of this Part in a manner to be determined by the
				  department.
(b) Samples of water,
				  shellfish and other materials shall be collected and examined in a manner
				  endorsed and/or approved by the United States Department of Health and Human
				  Services, Public Health Service, Food and Drug Administration. Laboratories
				  engaged in the bacteriological examination of water, shellfish and other
				  materials shall have received and shall maintain a satisfactory evaluation by
				  the United States Department of Health and Human Services, Public Health
				  Service, Food and Drug Administration in order for results of such examinations
				  to be acceptable to the department.
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 42.19 - Penalties

Current through Register Vol. 46, No. 28, July 10, 2024
Any person violating any provision of this Part shall be
					 subject to the penalties prescribed in the Environmental Conservation
					 Law.
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 43-1 - Areas Other Than the Atlantic Ocean › Section 43-1.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Subpart is to promote and support the
						maintenance of viable surf clam and ocean quahog populations in select areas of
						the Marine and Coastal District. The Marine and Coastal District includes the
						waters of the Atlantic Ocean within three nautical miles from the coastline and
						all other tidal waters within the State, including the Hudson River up to the
						Governor Mario M. Cuomo Bridge. The provisions of this Subpart are designed to
						limit mechanical surf clam and ocean quahog harvesting activities to
						specifically defined areas of the Marine and Coastal District, to require a
						special surf clam/ocean quahog mechanical harvesting permit, to provide
						specific controls over the design of mechanical harvesting gear, weekly and
						annual harvest quotas, open and closed seasons, and to require recordkeeping
						and reporting. Such requirements and controls are intended to support the
						continuation of a limited capacity fishery in the involved waters of the Marine
						and Coastal District so that the fishery continues to operate in basic balance
						with available surf clam and ocean quahog stocks and to aid in the management
						of a complex system of shellfish resources in adjoining
						waters.
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 43-1 - Areas Other Than the Atlantic Ocean › Section 43-1.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Subpart apply only to those areas
						of the Marine and Coastal District lying outside the area of the Atlantic
						Ocean.
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 43-1 - Areas Other Than the Atlantic Ocean › Section 43-1.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Unless context otherwise requires, 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) Department means the
					 New York State Department of Environmental Conservation.
(c) 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/or ocean quahogs are
					 taken.
(d) Industry standard bushel
					 means a unit of measure which is 1.88 cubic feet in volume.
(e) Standard cage means a container which is
					 60 cubic feet in volume and holds 32 industry standard bushels of surf clams
					 and/or ocean quahogs in the shell.
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 43-1 - Areas Other Than the Atlantic Ocean › Section 43-1.4 - Permit requirements; issuance and revocation procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each person
					 participating in harvest operations on boar d a vessel harvesting surfclams or
					 ocean quahogs from public underwater lands other than the Atlantic Ocean shall
					 possess a valid New York State shellfish digger's permit.
(b)
(1) Any
					 operator or captain of a vessel harvesting surfclams and ocean quahogs by
					 mechanical means from public underwater lands other than the Atlantic Ocean
					 shall obtain a surfclam/ocean quahog other than Atlantic Ocean captain/operator
					 permit ("captain/operator permit"). This permit authorizes the permit holder to
					 operate a vessel used to take surfclams or ocean quahogs, or both, by
					 mechanical means.
(2) A
					 captain/operator permit applicant shall identify on the permit application form
					 the vessel to be used in the harvest of surfclams or ocean quahogs by
					 mechanical means. An application will not be deemed complete without the vessel
					 registration number ('i.e.', State registration or United States Coast Guard
					 documentation number) and, if federally documented, the vessel name, both
					 verified by a valid state registration or USCG Certificate of Documentation.
					 Any vessel used to take surfclams or ocean quahogs by mechanical means must be
					 specifically identified on a permit issued in the name of the operator or
					 captain of the vessel. Any vessel identified on a captain/operator permit
					 application or permit must comply with the provisions of section
					 43-1.6 of this Subpart.
(3) Any vessel engaged in the taking of
					 surfclams or ocean quahogs by mechanical means must have a captain/operator
					 permit holder on board such vessel whose permit identifies that vessel and
					 identifies that permit holder as an operator or captain of the
					 vessel.
(4) The holder of the
					 captain/operator permit will be held responsible for all fishing activities and
					 liable for all violations of 6 NYCRR Subpart 43-1 that occur on such
					 vessel.
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 43-1 - Areas Other Than the Atlantic Ocean › Section 43-1.5 - Approved harvest areas and seasons; restrictions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The mechanical harvesting of surf clams
					 and ocean quahogs pursuant to this Subpart may only be undertaken in the
					 following areas:
(1) Long Island Sound east
					 of a line extending due north (magnetic) from the easterly breakwater at the
					 entrance to Mt. Sinai Harbor; and
(2) Gardiners and Napeague Bays east of a
					 line extending between Orient Point, Town of Southold, New York, and Hog Creek
					 Point, Town of East Hampton, New York.
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 43-1 - Areas Other Than the Atlantic Ocean › Section 43-1.6 - Gear restrictions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Dredging gear with an effective fishing area in excess of 20 inches in width or
					 patent tongs in excess of 48 inches in width shall not be used in Long Island
					 Sound west of an imaginary line extending due north (magnetic) from the dock at
					 the Northville Terminal.
(b)
					 Dredging gear or patent tongs having an effective fishing area of greater than
					 60 inches shall not be used.
(c) No
					 vessel shall have on board more than one dredge or other type of mechanical
					 harvesting gear during operations undertaken pursuant to this
					 Subpart.
(d) Vessels used in the
					 harvesting of surf clams and/or ocean quahogs pursuant to the provisions of
					 this Subpart must be owned by persons who are either New York State residents
					 or residents of a state having an active surf clam fishery in which New York
					 State residents may participate to the same extent as residents of that
					 state.
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 43-1 - Areas Other Than the Atlantic Ocean › Section 43-1.7 - Harvest restrictions; surf clams

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The maximum number of industry standard
					 bushels of surf clams to be taken shall not exceed 50,000 industry standard
					 bushels in a calendar year.
(b)
					 Effective January 1, 1992 and for each year thereafter, the department may
					 direct that the maximum quantity of surf clams to be harvested annually be
					 reduced or increased. Written notice of any such directive shall be provided to
					 all permit holders.
(c) Upon 48
					 hours' notice, if it is determined by the department that the maximum allowable
					 harvest of surf clams pursuant to subdivision (a) or (b) of this section will
					 be met before the end of any given calendar year, harvesting will be terminated
					 as directed by the department.
(d)
					 No vessel may be used to harvest more than 21 standard cages (equivalent to 672
					 industry standard bushels) in any weekly, Sunday through Saturday, period
					 between January 1st and June 14th and between September 16th and December 31st.
					 No vessel may be used to harvest more than 100 industry standard bushels in any
					 weekly, Sunday through Saturday, period between June 15th, and September 15th,
					 all dates inclusive.
(e) No vessel
					 may be used to harvest more than 14 standard cages of surf clams (equivalent to
					 448 industry standard bushels) in any one day between January 1st and June 14th
					 and between September 16th and December 31st. No vessel may be used to harvest
					 more than 50 industry standard bushels in any one day between June 15th and
					 September 15th, all dates inclusive.
(f) It shall be unlawful for any person to
					 exceed the harvest restrictions set forth in this section or in any directive
					 issued by the department pursuant hereto.
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 43-1 - Areas Other Than the Atlantic Ocean › Section 43-1.8 - Harvest restrictions; ocean quahogs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No vessel may be used to harvest more
					 than 14 standard cages of ocean quahogs (equivalent to 448 industry standard
					 bushels) in any one day.
(b) It
					 shall be unlawful for any person to exceed the harvest restrictions set forth
					 in this section.
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 43-1 - Areas Other Than the Atlantic Ocean › Section 43-1.9 - Container and tagging requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Surf clams may be landed in standard cages or industry standard bushels
					 only.
(b) In addition to the
					 tagging information required by the provisions of section
					 42.7(a)(5) of this
					 Title, the permittee shall clearly identify the federally documented name or
					 State registration number of the vessel used in the harvest of the shellfish on
					 each tag.
(c) The department may
					 require that each standard cage or industry standard bushel also be tagged with
					 a special tag supplied by the department. Notice of such requirement shall be
					 given to each permit holder in writing.
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 43-1 - Areas Other Than the Atlantic Ocean › Section 43-1.10 - Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person who
					 is the holder of a surfclam/ocean quahog other than Atlantic Ocean
					 captain/operator permit (hereafter "captain/operator permit") issued pursuant
					 to subdivision
					 43-1.4(b) of this
					 Subpart shall complete and submit an accurate report detailing all harvesting
					 and sales activities for each trip surfclams or ocean quahogs are harvested by
					 mechanical means. Trip reports shall be completed, signed, and submitted to the
					 department for each Sunday through Saturday period on a form prescribed by the
					 department.
(b) The report shall be
					 signed by the person providing it and shall include the following information:
					 harvester's (digger's) name, vessel's documented name or registration number,
					 quantity of surf clams and/or ocean quahogs harvested on each day, area of
					 harvest, port of landing, to whom sold and estimated fishing time for each day
					 of fishing.
(c) The report must be
					 received by the department no later than Thursday of the week following the
					 associated report period, or less frequently as directed by the
					 department.