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 43-2.4 - Permit requirements; issuance and revocation procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each person
					 participating in harvest operations on board a vessel harvesting surfclams and
					 ocean quahogs from the Atlantic Ocean shall possess a New York State shellfish
					 diggers permit.
(b) Any owner or
					 lessee of a vessel eligible to take surfclams and ocean quahogs by mechanical
					 means from the Atlantic Ocean shall obtain a surfclam/ocean quahog Atlantic
					 Ocean permit prior to harvesting. This permit shall authorize a holder to take
					 surfclams or ocean quahogs, or both, with the vessel identified on the permit.
					 Nonresidents of the State and foreign corporations may be issued a
					 surfclam/ocean quahog Atlantic Ocean permit provided that the vessel identified
					 on the permit is registered in a state which accords reciprocal clamming
					 privileges to residents of New York and provided that such nonresident is a
					 resident of a state which accords such reciprocal privileges and, in the case
					 of a foreign corporation, it is organized under the laws of a state which
					 accords reciprocal privileges.
(c)
					 Application for a surfclam/ocean quahog Atlantic Ocean permit may be made by
					 fully completing the application form provided by the department for that
					 purpose.
(d) A permit issued to a
					 vessel owner or lessee shall identify the vessel to be used in the harvest of
					 surfclams and ocean quahogs. No vessel may be used in the surfclam and ocean
					 quahog fishery without being specifically identified on a permit issued in the
					 name of the owner or lessee of the vessel. Only a vessel owned by a resident
					 may be identified on a permit issued to a resident.
(e) If an application is made by a domestic
					 corporation, the application shall be signed by the members of the board of
					 directors of such corporation. If all members of the board of directors and all
					 stockholders are residents, such corporation shall be eligible for a resident
					 surfclam/ocean quahog Atlantic Ocean permit. If any member of the board of
					 directors or any stockholder is not a resident, such corporation shall be
					 eligible for a nonresident surfclam/ocean quahog Atlantic Ocean permit
					 only.
(f) The holder of a
					 surfclam/ocean quahog Atlantic Ocean owner's permit that has been issued to a
					 domestic corporation must provide written notification to the department
					 immediately following any change in ownership, principal officers, members of
					 the board of directors and shareholders. In the event that there is a change in
					 ownership of a corporation which holds such permit, the new corporate president
					 or principal officer must complete, sign and submit an application for a
					 surfclam/ocean quahog Atlantic Ocean owner's permit to the department for
					 re-issuance of such permit. The application must be signed by all members of
					 the board of directors and a list, with the names and addresses of all
					 shareholder, along with a certificate of incorporation must be provided to the
					 department.
(g) Only those persons
					 who were issued a surfclam/ocean quahog Atlantic Ocean owner's permit in the
					 previous year shall be eligible to be issued such permit provided that the
					 vessel meets the eligibility requirements set forth in Subpart 43-3 of the
					 Part. This permit must be renewed annually in order to maintain eligibility to
					 participate in the Atlantic Ocean fishery.
(h) Any operator or captain of a vessel
					 eligible to take surfclams and ocean quahogs by mechanical means from the
					 Atlantic Ocean shall obtain a surfclam/ocean quahog Atlantic Ocean
					 captain/operator permit. This permit authorizes the resident permit holder to
					 operate a vessel used to take surfclams or ocean quahogs, or both, by
					 mechanical means. Nonresidents of the State may be issued a surfclam/ocean
					 quahog Atlantic Ocean captain/operator permit provided that the nonresident is
					 a resident of a state which accords reciprocal clamming privileges to residents
					 of New York. No vessel may be used in the surfclam and ocean quahog mechanical
					 fishery without there being a person on board such vessel whose permit
					 identifies the permit holder as captain or operator.
(i) Permits issued pursuant to this
					 subdivision shall expire on December 31st of the year of issuance.
(j) Licenses or permits issued pursuant to
					 this Part may be revoked by the department pursuant to the provisions of Part
					 39 of this Title.
(k) Nothing in
					 this Subpart precludes or affects the commissioner's authority to issue summary
					 abatement orders pursuant to Environmental Conservation Law, section 71-0301,
					 and rules and regulations adopted pursuant thereto, or to take emergency
					 actions summarily suspending a permit as provided in section 401(3) of the
					 State Administrative Procedure Act.