New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter F - MARINE FISHERIES › Part 45 - Transplanting Of Shellfish › Section 45.1 - 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) Certified shellfish
				  lands means shellfish lands from which the harvesting of shellfish for use as
				  food is permitted by commissioner's order or by any applicable statute,
				  regulation or ordinance passed by any other state or nation; provided further,
				  however, that standards, methods and techniques used by any such state or
				  nation to determine certification shall be found in the judgment of the
				  commissioner to be substantially equal to those of the State of New York with
				  regard to the protection of the public health and safety.
(b) Cleansing area means a relay area within
				  certified shellfish lands which has been temporarily declared uncertified
				  pursuant to this Part and within which shellfish may be deposited for the
				  purpose of reducing the numbers of fecal coliform bacteria which may be present
				  in such shellfish in order to make them safe for human consumption.
(c) Commissioner means the Commissioner of
				  Environmental Conservation or his duly authorized representative.
(d) Department means the State of New York
				  Department of Environmental Conservation.
(e) Fecal coliform means bacteria of the
				  coliform group which will produce gas from EC medium when such medium is
				  incubated for 26 hours or less at 44.5 degrees Celsius plus or minus 0.2
				  degrees Celsius in a water bath.
(f) Harvest area means shellfish lands from
				  which shellfish are removed for transplanting purposes.
(g) Marine district means the waters of the
				  Atlantic Ocean within three nautical miles of the coastline of the State and
				  all tidal waters within the State including the Hudson River up to the Governor
				  Mario M. Cuomo Bridge.
(h) Person
				  means an individual, group of individuals, public or private corporation,
				  industry, copartnership, joint-stock company or other legal entity.
(i) Relay means that part of a shellfish
				  transplant operation in which shellfish harvested from one shellfish land area
				  are deposited on another shellfish land area.
(j) Relay area means a shellfish land of the
				  marine and coastal district to which shellfish are relayed.
(k) Shellfish transplant permit means a
				  permit which authorizes the undertaking of a shellfish transplant.
(l) Shellfish transplant harvester's permit
				  means a permit which allows a person to harvest shellfish in connection with
				  activities allowed by a shellfish transplant permit.
(m) Shellfish means oysters, scallops and all
				  kinds of clams and mussels.
(n)
				  Shellfish lands means all tidal waters, the lands thereunder and such lands as
				  are exposed at low tide, within and without the State of New York.
(o) Transplant means any transfer of
				  shellfish from shellfish lands within or without the State to shellfish lands
				  within the State, which requires the issuance of a permit pursuant to article
				  13 of the Environmental Conservation Law.
(p) Uncertified shellfish lands means
				  shellfish lands from which the harvesting of shellfish for use as food has been
				  prohibited by commissioner's order or by a statute, regulation or ordinance
				  passed by any state or nation; provided further, however, that standards,
				  methods and techniques used by any such state or nation to determine
				  uncertification shall be found in the judgment of the commissioner to be
				  substantially equal to those of the State of New York with regard to the
				  protection of the public health and safety.