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 43 - Surf Clam/ocean Quahog Fishery Management › Subpart 43-2 - Atlantic Ocean › Section 43-2.1 - 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 surfclam and ocean quahog populations in the Atlantic
						Ocean portion 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 require surfclam and ocean quahog mechanical harvesting permits,
						establish specific controls over the possession and design of mechanical
						harvesting gear, set daily vessel harvest limits and annual harvest limits,
						establish an Individual Fishing Quota system for each eligible surfclam vessel,
						establish container and cage tagging requirements and require recordkeeping and
						reporting, implement mandatory Vessel Monitoring System requirements and
						establish rules for confidentiality of fisheries data. Such requirements are
						intended to support the continuation of a viable fishery in the involved waters
						of the Atlantic Ocean so that the fishery continues to operate in balance with
						available surfclam and ocean quahog stocks.
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 43-2.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Subpart apply to waters of the
						Marine and Coastal District lying within 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 43-2 - Atlantic Ocean › Section 43-2.5 - Gear restrictions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 size and design of dredges or other mechanically operated harvesting gear are
					 restricted as follows:
(1) dredges or other
					 mechanically operated harvesting gear must not exceed 126 inches in overall
					 width; and
(2) the effective
					 fishing area of dredges or other mechanically operated harvesting gear must not
					 exceed 100 inches.
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 43-2.7 - 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 43-2 - Atlantic Ocean › Section 43-2.11 - Tolerance of under size surf clams

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Surf clams less than four inches in the
					 longest diameter may not be taken from certified waters. When unintentionally
					 and unavoidably taken, surf clams of less than four inches in the longest
					 diameter may comprise, by number, no more than 20 percent of any
					 catch.
(b) For the purpose of
					 determining compliance with this section, not less than one representative U.S.
					 standard bushel may be taken from a container or from any lot for examination.
					 If the amount taken for examination is found to contain a number of surf clams
					 of less than four inches in the longest diameter in excess of 20 percent by
					 count, the container or lot from which such sample was taken is be deemed to
					 contain in excess of 20 percent of surf clams of less than four inches in the
					 longest diameter.
(c) If the
					 procedure specified in subdivision (b) of this section establishes that more
					 than 10 percent of containers which comprise a vessel's total catch contain in
					 excess of 20 percent of surf clams of less than four inches in the longest
					 diameter, all containers comprising such total catch are deemed to contain in
					 excess of 20 percent of surf clams less than four inches in the longest
					 diameter.
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 43-2.12 - Confidentiality of fisheries data

Current through Register Vol. 46, No. 28, July 10, 2024
Surfclam harvest data, statistics or other information
						collected from individual permit holders by the department or the Federal
						government shall be confidential and shall not be disclosed except to an
						authorized user or when required under court order; provided, however, that the
						department may release or make public any statistics in an aggregate or summary
						form (with no less than three license holders contributing to that statistic)
						which does not directly or indirectly disclose the identity of any person who
						submits such statistics. For the purposes of these regulations, an "authorized
						user" is any person that is employed by or under contract to the department or
						who is employed by or under contract with the National Marine Fisheries
						Service, and has been designated by such agency to require confidential data as
						a means to fulfill their job responsibilities related to surfclam management
						and conservation.
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 43-3 - Atlantic Ocean Surf Clam Fishery; Limit on Entry of New Vessels › Section 43-3.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Subpart is to conserve the surf clam
						resource and prevent an increase in fishing effort directed toward surf clams
						in the Atlantic Ocean by establishing a limit on the entry of additional
						vessels into the fishery until such time as a surf clam management plan is
						adopted pursuant to section
						13-0308 of 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 43-3 - Atlantic Ocean Surf Clam Fishery; Limit on Entry of New Vessels › Section 43-3.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Subpart apply only to that area of
						the Marine and Coastal District lying within 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 43-3 - Atlantic Ocean Surf Clam Fishery; Limit on Entry of New Vessels › Section 43-3.3 - 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) Department means the New York State
					 Department of Environmental Conservation.
(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) Directed fishery means a fishing
					 operation which is conducted with the primary intent to harvest for sale surf
					 clams from the certified waters of New York's Atlantic Ocean.
(e) 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.
(f) Land means to begin
					 offloading surf clams, to offload surf clams, or to arrive in port with the
					 intention of offloading surf clams.
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 43-3 - Atlantic Ocean Surf Clam Fishery; Limit on Entry of New Vessels › Section 43-3.4 - Vessels; eligibility to participate in the harvest of surf clams

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Only those
					 vessels which have been used in a directed fishery to harvest surf clams by
					 mechanical means from certified waters of New York's Atlantic Ocean between
					 January 1, 1993 and August 25, 1993, both dates inclusive, and those vessels
					 which have replaced such vessels pursuant to the provisions of section
					 43-3.5 of this Part shall be
					 eligible to be used to harvest surf clams. Vessels found ineligible by the
					 department in 1996 and thereafter pursuant to the provisions of former
					 subdivision (e) of this section shall continue to be ineligible (former
					 subdivision [e] of this section provided that a vessel which was not used to
					 harvest 5,000 bushels or more of surf clams in a calendar year would thereafter
					 be inelgible for participation in the fishery). An owner or lessee of a vessel
					 shall submit documentation acceptable to the department demonstrating that such
					 vessel was used to harvest surf clams by mechanical means from the certified
					 waters of the Atlantic Ocean while owned or leased by such person.
					 Documentation submitted pursuant to this section shall be signed by the owner
					 or lessee and shall contain a form notice stating that false statements therein
					 are punishable pursuant to section 201.45 of the Penal Law. Acceptable
					 documentation for demonstrating that the eligibility requirements of this
					 subdivision have been met include, but are not limited to, the following:
(1) A copy of the ship's log providing
					 harvest information documenting the use of that vessel, while owned or leased
					 by the applicant, in undertaking a directed fishery for surf clams as specified
					 above.
(2) A copy of a harvester's
					 or shipper's written record which identifies the vessel used to
					 harvest.
(3) A copy of a dock's
					 record, shipping invoice, receipt for payment, bill of lading or similar record
					 which identifies the vessel used to harvest.
(4) Other written documentation 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 43 - Surf Clam/ocean Quahog Fishery Management › Subpart 43-3 - Atlantic Ocean Surf Clam Fishery; Limit on Entry of New Vessels › Section 43-3.5 - Sale and replacement of vessels

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The owner or
					 lessee of an eligible vessel may replace such vessel with another vessel at any
					 time for any reason, provided that the vessel being replaced becomes ineligible
					 for use in the fishery, unless such replaced vessel is used to replace another
					 eligible vessel.
(b) Unless used in
					 place of another eligible vessel, an eligible vessel shall become ineligible
					 for use in the fishery upon sale or transfer by the owner or lessee of the
					 eligible vessel. However, an eligible vessel that is owned by an individual may
					 be transferred to a corporation of which the individual is a majority
					 stockholder and does not become ineligible for continued use in the
					 fishery.
(c) An owner or lessee of
					 an eligible vessel shall notify the department in writing at least 10 days
					 prior to the sale, transfer or replacement of an eligible vessel. Such notice
					 shall identify the action to be taken and the effective date of such action,
					 and shall include the identity of the vessel or vessels involved. Such notice
					 shall be signed by the owner or lessee and shall include a form notice stating
					 that false statements made therein are punishable pursuant to section
					 210.45 of the
					 Penal Law.
(d) No vessel in the
					 Atlantic Ocean surfclam fishery which has been subject to and identified in the
					 sale, transfer or replacement of an eligible vessel by the vessel owner or
					 lessee under this section shall take more than one individual fishing quota
					 (IFQ) or take more than the cumulative equivalent of one IFQ in any calendar
					 year when identified on one or more Atlantic Ocean surfclam owner/lessee
					 permit(s).
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 43-3 - Atlantic Ocean Surf Clam Fishery; Limit on Entry of New Vessels › Section 43-3.6 - Prohibition

Current through Register Vol. 46, No. 28, July 10, 2024
No vessel except a vessel eligible to participate in the
						harvest of surf clams pursuant to this Subpart shall be used to harvest surf
						clams by mechanical means from the Atlantic Ocean or be used to land surf clams
						taken from such 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 43-3 - Atlantic Ocean Surf Clam Fishery; Limit on Entry of New Vessels › Section 43-3.7 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter F - MARINE FISHERIES › Part 44 - Lobsters and Crabs › Section 44.2 - Crabs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definitions.
(1) A crab pot or trap means a box-like
				  device, made of any material, which is usually square or pyramid shaped either
				  with sides that fall open to provide ingress, or with sides with openings to
				  the lower of two inner chambers, the upper being reached through a slotted
				  baffle, or, if having only one chamber, sides with openings to that
				  chamber.
(2) Sinking line means
				  negatively buoyant line which will sink to the bottom of the water column if
				  not supported by a buoy. Braided steel cable shall not be used as sinking
				  line.
(3) 'Terrapin Excluder
				  Device' means a rectangular device not larger than (in either dimension) four
				  and three-quarters inches wide by one and three-quarters inches high attached
				  to the end of the entrance funnel of a crab trap.
(4) Carapace width means the longest straight
				  line width of the body shell, including any spines, or spikes, but not
				  including claws, legs or other appendages.
(5) 'Claw length' is measured along the
				  bottom of the claw, from the joint to the lower tip of the claw.
(6) Peeler or shedder blue crab means a hard
				  blue crab which has a fully formed soft shell beneath the hard outer shell and
				  the impending shedding process is evidenced by the white sign along the outer
				  rim of the paddle-like appendages on the crab's fifth pair of legs.
(7) 'Bycatch' means any incidental harvest of
				  nontargeted or otherwise protected species in the course of legal fishing
				  activity.
(8) 'Target species'
				  means those species that are the main subject of fishing effort in a
				  fishery.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter F - MARINE FISHERIES › Part 44 - Lobsters and Crabs › Section 44.3 - Horseshoe crabs

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Definitions.
(1) Horseshoe crabs are members
				  of the arthropod infra order chelicerata, Limulus polyphemus.
(2) Prosomal width means the widest straight
				  line width of the body.
(3) Land or
				  landed means the bringing of horseshoe crabs to any shore or the transfer of
				  the catch of horseshoe crabs taken from a vessel to any other vessel or
				  in-water storage facility or to the land or to any pier, wharf, dock or other
				  similar structure. When a vessel bearing horseshoe crabs has been tied, moored,
				  or made fast to land, to another vessel, to an in-water storage facility or to
				  any pier, wharf, dock or similar structure, any crabs on board such vessel are
				  deemed to have been landed.
(4)
				  'Harvest limit' means the maximum number of horseshoe crabs that can be taken
				  or possessed by a permit holder in a 24 hour period. No more than two harvest
				  limits may be possessed aboard a vessel or in a vehicle, provided that at least
				  two permit holders are on board the vessel or in the
				  vehicle.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter F - MARINE FISHERIES › Part 44 - Lobsters and Crabs › Section 44.4 - Chinese mitten crabs (eriocheir sinensis)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall liberate Chinese mitten
				  crabs (Eriocheir sinensis) into the waters of the State.
(b) No person shall possess, import,
				  transport, buy, sell or offer to buy or sell Chinese mitten crabs, whether
				  alive or dead, in New York State.
(c) Chinese mitten crabs, except those
				  lawfully held pursuant to a license or permit issued under section 11-0515 of
				  the Environmental Conservation Law, shall be destroyed.
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 45.2 - General prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				  person shall fail to comply with the provisions of this Part.
(b) No person shall remove shellfish from
				  shellfish lands in the State for transplanting purposes, or receive or import
				  shellfish into the State for such purposes, without first obtaining a shellfish
				  transplant permit or a shellfish transplant harvester's permit or both, and a
				  shellfish digger's permit when required.
(c) No person shall import shellfish into the
				  State for transplanting purposes which are not of a quality which in the
				  judgment of the commissioner will not adversely affect the existing shellfish
				  resources or the public health and safety.
(d) No permittee shall violate the terms of
				  his or her permit.
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 45.3 - Permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Permit
				  requirements.
(1) A shellfish transplant
				  permit and one or more shellfish transplant harvester's permits must be
				  obtained for each transplant activity; except that shellfish transplant
				  activities undertaken by municipalities or other political subdivisions shall
				  be exempt from the requirements for obtaining shellfish transplant harvester's
				  permits.
(2) All transplant permit
				  applications shall be completed on a form and in a manner established by the
				  department. Consistent with applicable procedural requirements of Part 175 of
				  this Title, applications shall be submitted within such time as will afford an
				  adequate period for department review and, as required, the organization of
				  supervision activities and the public notification of any permit that may be
				  issued pursuant to this Part.
(3)
				  Each shellfish transplant permit and each associated shellfish transplant
				  harvester's permit shall indicate applicable information on names, addresses,
				  permit numbers and the following:
(i) the
				  specific area or areas from which shellfish shall be removed;
(ii) the manner or method that shall be used
				  in their removal;
(iii) the time
				  period during which the operation shall take place;
(iv) the manner and method of relaying that
				  shall be employed;
(v) the manner
				  of transportation that shall be employed;
(vi) the area to which shellfish shall be
				  relayed and a description thereof;
(vii) the species of shellfish which shall be
				  transported;
(viii) any additional
				  provisions or conditions which the commissioner may deem necessary to protect
				  the health and welfare of the people of 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 45 - Transplanting Of Shellfish › Section 45.4 - Transplanting of shellfish

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Periods
				  of transplanting.
(1) Subject to department
				  approval and permit conditions, shellfish from certified areas without the
				  State may be transplanted into the State throughout the year.
(2) Except as provided in paragraph (3) of
				  this subdivision, shellfish from uncertified areas shall not be transplanted
				  between the dates of October 11th and March 31st unless deemed necessary by the
				  department to protect such shellfish from destruction by tides, winds or other
				  natural or man-made causes.
(3)
				  Subject to permit conditions, the department may allow shellfish which it
				  determines to be of a small enough size as not to be marketable as a human food
				  product to be transplanted no earlier than March 1st and no later than October
				  31st. For hard clams (Mercenaria mercenaria) this size shall be less than
				  one-half inch in thickness; for American oysters (Crassostrea virginica) it
				  shall be less than two inches in length. For other species the maximum size
				  shall be established as a permit condition.
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 45.5 - Transplant supervision fees and security requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person possessing a shellfish
				  transplant permit, pursuant to the provisions of this Part, must pay a
				  supervision fee and maintain financial security, as specified in subdivisions
				  (b)-(j) of this section. Municipalities or other political subdivisions are
				  exempt from the provisions of this section.
(b) When a supervision fee is required, a
				  surety bond or other negotiable security satisfactory to the department, with a
				  value of no less than $5,000, shall be obtained and presented to the department
				  by a permit applicant prior to the department's issuance of a shellfish
				  transplant permit. All or part of such bond or other security shall be payable
				  to the State of New York Department of Environmental Conservation to implement
				  and, to ensure the payment of any outstanding amounts due the department by
				  reason of a permittee's failure to comply with the supervision fee requirements
				  of this Part.
(c) A supervision fee
				  is required in any instance of shellfish transplanting from public to private
				  lands within or without the State and, also, in any other instance in which the
				  shellfish being transplanted are of a size determined by the department,
				  pursuant to section
				  45.4(a)(2) of this
				  Part, to have reasonable potential to be used as a human food
				  product.
(d) A supervision fee may
				  be required, at the discretion of the department, in other instances of
				  shellfish transplanting.
(e) The
				  minimum supervision fee equals the current entry-level biweekly salary for the
				  job title of laborer, plus the cost of fringe benefits and a program overhead
				  charge of 15 percent of the total of salary and fringe benefits.
(f) If the reasonable costs to the department
				  of supervision over the removal of shellfish from uncertified areas exceed the
				  minimum fee, additional fees sufficient to reimburse the department for such
				  additional costs will be assessed as follows:
(1) the cost of overtime resulting from
				  on-site supervision; and/or
(2) the
				  costs incurred by the department through the assignment of additional on-site
				  supervisors. Such additional assessments will be based upon the number of hours
				  actually worked, with a provision that the minimum fee for each additionally
				  assigned supervisor will be based on four hours per day;
(3) the cost of fringe benefits, holiday
				  time, meal and travel expenses will be assessed and a program overhead charge
				  based upon 15 percent of their total plus 15 percent of the total of additional
				  salaries will be assessed.
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 45.6 - Penalties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
				  violating any provision of this Part shall be subject to the penalties of the
				  Environmental Conservation Law.
(b)
				  Any person who has had a permit suspended pursuant to subdivision (b) of
				  section 45.3 of this Part may have a permit
				  revoked, and may be denied a transplant permit for a period to be determined
				  appropriate by the commissioner following a hearing.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter F - MARINE FISHERIES › Part 46 - Public Use Of State-owned Tidal Wetlands › Section 46.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) These
				  regulations apply to tidal wetlands, as defined in section
				  25-0103 of the Environmental
				  Conservation Law, owned by the State of New York under the jurisdiction of the
				  Department of Environmental Conservation, hereinafter the department.
(b) Activities permitted pursuant to
				  temporary revocable permits are not subject to these regulations.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter F - MARINE FISHERIES › Part 46 - Public Use Of State-owned Tidal Wetlands › Section 46.2 - Requirement of permit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Entry onto,
				  or use of, any State-owned tidal wetlands under the jurisdiction of or managed
				  by the department, by any person(s) except authorized agents of the department,
				  is prohibited unless such person(s) possess a valid tidal wetland access
				  permit.
(b) The tidal wetland
				  access permit is issued by the regional director, or the regional director's
				  designee, for the region in which the wetland is located. Applications for such
				  permits may be made to the department at the appropriate regional
				  office.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter F - MARINE FISHERIES › Part 46 - Public Use Of State-owned Tidal Wetlands › Section 46.3 - Identification and information required for permit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Tidal wetlands access permits may be
				  issued to any person who presents a completed application on a form to be
				  provided by the department.
(b) All
				  applicants for permits or permit renewal must provide any additional
				  information the department may require, including, in the case of a permit
				  renewal, a report of any use made of the tidal wetland pursuant to any prior
				  tidal wetlands access permit. The department will provide report
				  forms.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter F - MARINE FISHERIES › Part 46 - Public Use Of State-owned Tidal Wetlands › Section 46.4 - Permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Access permits
				  are:
(1) issued under terms and conditions
				  deemed appropriate by the department;
(2) nontransferable; and
(3) required to be presented, upon request,
				  to any authorized employee of the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter F - MARINE FISHERIES › Part 46 - Public Use Of State-owned Tidal Wetlands › Section 46.5 - Criteria for determining permit issuance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The appropriateness of activities for
				  which permits are sought shall be determined by the following criteria:
(1) legality of the activity;
(2) consistency of the activity with the
				  findings of the commissioner for those sites acquired under the Eminent Domain
				  Procedure Law;
(3) consistency of
				  the activity with the character and value of the tidal wetlands for which the
				  access permit is sought; and
(4)
				  consistency of the activity with finding made under article 8, ECL and Part 617
				  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 46 - Public Use Of State-owned Tidal Wetlands › Section 46.6 - Revocation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Access permits
				  may be revoked for:
(1) violation of the
				  Environmental Conservation Law or regulation issued thereunder;
(2) violation of or exceeding the permit or
				  its conditions;
(3) conviction of
				  criminal offense on State-owned tidal wetlands; or
(4) any violation 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 46 - Public Use Of State-owned Tidal Wetlands › Section 46.7 - Prohibited activities

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Prohibitions applicable to all State-owned tidal wetlands managed by the
				  department include:
(1) any use of a motor
				  vehicle, including parking, more than one hour before sunrise or more than one
				  hour after sunset except for specifically permitted nature appreciation,
				  educational or research activities;
(2) overnight camping;
(3) fires;
(4) unleashed dogs, except hunting dogs
				  afield with the permittee in the active pursuit of game;
(5) removal of naturally occurring or
				  introduced flora, whether living or dead, except for specifically permitted
				  research or educational activities;
(6) operation of motorized, wheeled or
				  tracked vehicles and air boats except as specifically permitted
				  activities;
(7) construction,
				  erection or maintenance of any structure, except temporary blinds or temporary
				  structures associated with specifically permitted research or educational
				  activities which are permissible under section
				  51-0713 of the Environmental
				  Conservation Law; or
(8) disposal
				  of any solid, liquid or toxic waste material.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter F - MARINE FISHERIES › Part 47 - Certification Of Shellfish Lands › Section 47.2 - General prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				  person shall fail to comply with the provisions of this Part.
(b) No person shall harvest shellfish for use
				  as food from certified shellfish lands and/or conditionally certified shellfish
				  lands except in compliance with terms of a current order of the commissioner
				  issued pursuant to the Environmental Conservation Law or this Part. Except as
				  otherwise provided pursuant to the Environmental Conservation Law or this
				  Subchapter, no person shall harvest shellfish for use as food and/or other
				  purposes from uncertified shellfish lands if such lands have been designated by
				  a current order of the commissioner issued pursuant to this Part, the
				  Environmental Conservation Law or this Subchapter.
(c) Except as otherwise provided by the
				  Environmental Conservation Law or a provision of this Subchapter, no person
				  shall harvest shellfish from certified shellfish lands and/or conditionally
				  certified shellfish lands without a valid shellfish digger's permit issued by
				  the department.
(d) Nothing herein
				  shall be construed as relieving any person from complying with any applicable
				  Federal, State or local law or rule or regulation.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter F - MARINE FISHERIES › Part 47 - Certification Of Shellfish Lands › Section 47.4 - Shellfish hazardous for use as food for human consumption

Current through Register Vol. 46, No. 28, July 10, 2024
When the commissioner determines that shellfish might be
					 hazardous for use as food for human consumption, he shall take such action as
					 he deems necessary to protect the public health and welfare. The commissioner
					 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 commissioner may
					 advise the general public, the 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 47 - Certification Of Shellfish Lands › Section 47.5 - 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 48 - Marine Hatcheries, On-bottom And Off-bottom Culture Of Marine Plant And Animal Life › Section 48.2 - General prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				  person shall fail to comply with the provisions of this Part.
(b) No person shall carry out the activities
				  of cultivation as herein defined in a marine hatchery or through on-bottom or
				  off-bottom culture without first obtaining a permit from the
				  department.
(c) No person shall
				  import or receive, from outside the State, marine plant or animal life as
				  herein defined for cultivation without first obtaining an importation permit
				  from the department.
(d) No person
				  shall sell, offer for sale or trade in any manner, marine plant or animal life
				  of less than legal size, as defined in sections
				  13-0323,
				  13-0325,
				  13-0327,
				  13-0329,
				  13-0339 and
				  11-0303 of the Environmental
				  Conservation Law or regulations adopted pursuant thereto, except as expressly
				  allowed pursuant to the provisions of section
				  13-0316 of the Environmental
				  Conservation Law and this Part.
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 48.3 - Permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Marine
				  hatchery, on-bottom and off-bottom culture permits.
(1) The department in its discretion may
				  issue marine hatchery, on-bottom and off-bottom culture permits.
(2) The department may prescribe any
				  conditions or limitations to such permits which, in the opinion of the
				  commissioner, are necessary to protect the public health and safety and provide
				  for the continued viability of the marine resources of the State.
(3) All marine hatchery, on-bottom and
				  off-bottom culture permit applications shall be completed in a form and in a
				  manner established by the department. Applications shall be submitted within
				  such time as will afford an adequate period for department review.
(4) Each marine hatchery, on-bottom and
				  off-bottom culture permit shall include the identification of the species of
				  marine plant or animal life which may be cultivated.
(5) Each on-bottom and off-bottom culture
				  permit shall include the specific location in which such activities may take
				  place.
(6) No on-bottom and
				  off-bottom culture permit shall be issued unless the applicant shall have
				  provided the department with satisfactory confirming documentation of the
				  applicant's title to, or appropriate grant, lease or other legal control, of
				  all underwater lands where on-bottom and/or off-bottom culture shall be
				  undertaken.
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 48.4 - Sale of cultivation products

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Cultivation products of legal size may be
				  sold for consumption or resale.
(b)
				  Subject to the provisions of section
				  48.5 of this Part, food fish
				  produced through cultivation which are other than legal size or the sale of
				  which is otherwise restricted through sections
				  13-0339,
				  11-0303 and
				  11-1303 of the Environmental
				  Conservation Law and regulations adopted pursuant thereto, may be sold for
				  consumption or resale.
(c) Subject
				  to the provisions of Part 49 of this Title and section
				  48.5 of this Part, oysters and bay
				  scallops produced through cultivation which are less than legal size or the
				  sale of which is otherwise restricted through sections
				  13-0323 and
				  13-0327 of the Environmental
				  Conservation Law and regulations adopted pursuant thereto, may be sold for
				  consumption and resale under the following conditions:
(1) Exemption for sale of cultivated bay
				  scallops of less than legal size.
(i) The
				  exemption shall only apply to such bay scallops that are cultivated under an
				  off-bottom culture permit issued by the department; and
(ii) That are offered for sale or sold as
				  shellstock (unshucked) bay scallops.
(iii) No exemption shall apply to cultivated
				  bay scallops that are offered for sale or sold as a shucked product.
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 48.5 - Marking and identification of cultivation products

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Marine plant or animal life permitted by
				  the department to be possessed, raised and bred in a marine hatchery or through
				  on-bottom or off-bottom culture, pursuant to section
				  13-0316 of the Environmental
				  Conservation Law and the provisions of this Part, may be sold to other
				  permitted hatcheries, educational and scientific institutions, persons holding
				  a valid on-bottom and off-bottom culture permit and, as specifically provided
				  in section 48.4 of this Part, to commercial
				  markets for consumption or resale provided that each shipping container is
				  marked with a label bearing the following information:
(1) the name and quantity of the species
				  contained;
(2) the name and address
				  of the original consignor and consignee; and
(3) the marine hatchery, on-bottom and
				  off-bottom culture permit number of the original consignor.
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 48.6 - Records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
				  otherwise required in subdivision (b) of this section, each person holding a
				  valid marine hatchery or on-bottom and off-bottom culture permit shall maintain
				  a record indicating the quantity and disposition of all products produced and
				  distributed within the previous 12-month period; this record shall include, but
				  not be limited to, a list of all products disposed of that were of less than
				  legal size.
(b) Culturists, seafood
				  wholesalers and seafood retailers must keep records of invoices or shipping
				  labels describing their receipts and disbursements of cultured food fish. These
				  records must include all information as required in section
				  48.5(j) of this
				  Part. Such records shall be maintained for a period of one year from the date
				  of consignment or sale.
(c) Such
				  records shall be made immediately available to the department upon
				  request.
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 48.7 - Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The holder of a
				  marine hatchery, on-bottom or off-bottom culture permit shall file a report to
				  the department on a form prescribed by the department of all sales of bay
				  scallops of less than legal size that are sold to the holders of marine
				  hatchery, on-bottom or off-bottom culture permits issued pursuant to section
				  13-0316 of the Environmental
				  Conservation Law. The report shall be filed 15 days after the end of the month
				  in which bay scallop seed sales were undertaken.
(b) The holder of a marine hatchery,
				  on-bottom or off-bottom culture permit issued pursuant to section
				  13-0316 of the Environmental
				  Conservation Law shall file a report of all sales of oysters and shellstock
				  (unshucked) bay scallops subject to the exemption authorized under section
				  48.4(c) of this
				  Part on a form prescribed by the department 15 days after the end of each
				  month. A report shall not be required to be filed for any month where sales of
				  bay scallops or oysters, under such exemption, were not undertaken by the
				  permit holder 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 49 - Shellfish Management › Section 49.1 - Bay scallops (argopecten irradians)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Purpose. The purpose of this section is
				  to establish conservation and management measures necessary to promote and
				  restore the viability of sustainable bay scallop populations in Peconic bays
				  and other waters of the marine district.
(b) Open season. Bay scallops may be taken
				  during the period from the first Monday in November to March 31st, both
				  inclusive.
(c)
(1) No person shall take bay scallops except
				  during the open season identified in subdivision (b) of this section.
(2) Except as provided in paragraph (5) of
				  this subdivision, only bay scallops having an annual growth line and measuring
				  not less than 21/4 inches from the middle of the hinge to the middle of the
				  bill shall be taken
(3) Scallops
				  shall be culled when taken.
(4)
				  Except as provided in paragraph (5) of this subdivision, any bay scallops taken
				  that do not have an annual growth line or that measure less than 21/4 inches
				  from the middle of the hinge to the middle of the bill shall be immediately
				  returned alive to the water.
(5)
				  When unintentionally and unavoidably taken, bay scallops which do not have an
				  annual growth line or that measure less than 21/4 inches from the middle of the
				  hinge to the middle of the bill shall comprise, by number, no more than two
				  percent of the total catch. For purposes of determining compliance with this
				  subdivision, not less than one representative U.S. standard bushel may be
				  selected from the total catch for examination. If the bushel selected for
				  examination is found to contain a number of scallops in excess of two percent
				  by count that do not have an annual growth line or that measure less than 21/4
				  inches from the middle of the hinge to the middle of the bill, the entire catch
				  from which such bushel was taken shall be deemed to contain in excess of two
				  percent scallops, and shall be subject to seizure and applicable penalties
				  under the law.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter F - MARINE FISHERIES › Part 49 - Shellfish Management › Section 49.2 - Oysters (family ostreidae)

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Purpose. The purpose of this section is to establish conservation and
				  management measures necessary to protect and sustain viable populations of
				  oysters in the marine district.
(b)
				  Definitions. The following terms and their derivatives when used in this
				  section shall have the following meanings:
(1) Cultured means any activities involved in
				  the raising, breeding, growing, planting and containment of oysters which
				  requires the issuance of a permit pursuant to section
				  13-0316 of the Environmental
				  Conservation Law.
(2) Landed means
				  to set or put on shore from any boat or vessel, or to place on to any dock,
				  pier, shore or other structure any oysters taken from the waters of the marine
				  and coastal district.
(3)
				  Transplanted means any transfer of oysters 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.
(4) Water 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.