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 42.4 - Applications for permits; permit description; permit fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall engage in any activity
				  described in this Part without a valid and appropriate permit issued by the
				  department.
(b) An application for
				  a permit shall be filed by the applicant with the State of New York Department
				  of Environmental Conservation, Division of Marine Resources, Marine Permit
				  Office, on a form and in a manner prescribed by the department. An application
				  shall be accompanied by the appropriate permit application fee as set forth in
				  article 13 of the Environmental Conservation Law.
(c) Subject to the provisions of sections
				  13-0311 and
				  13-0315 of the Environmental
				  Conservation Law and this Part, the department in its discretion may issue
				  permits for the following shellfishing activities:
(1) digger's (harvester's) permit. This
				  permit allows the holder thereof to take (harvest) shellfish from certified
				  shellfish lands in the State for commercial purposes and to ship or sell such
				  shellfish only to a holder of a valid class A, B or E dealer's permit who has a
				  place of business in Nassau and Suffolk Counties.
(2) class A (shipper) permit. This permit
				  shall allow the holder thereof and any person in the employ of the permit
				  holder to:
(i) reship shellfish previously
				  shipped by the holder of a class A, B, C, D or E permit, or similar permit
				  issued by the shellfish sanitation control agency of another state or foreign
				  country;
(ii) pack or repack
				  shellstock received from the holder of a digger's permit; or
(iii) pack or repack shellstock received from
				  the holder of a class A, B, C, D or E permit, or similar permit issued by the
				  shellfish sanitation control agency of another state or foreign country. The
				  holder of a class A permit is authorized to tag or label, retag or relabel
				  containers of shellstock;
(3) class B (processor) permit. This permit
				  shall allow the holder thereof and any person in the employ of the permit
				  holder to engage in the activities authorized by a class A permit, as described
				  in paragraph (2) of this subdivision, and to otherwise process
				  shellfish;
(4) class C (reshipper)
				  permit. This permit shall allow the holder thereof and any person in the employ
				  of the permit holder to reship shellfish previously shipped by the holder of a
				  class A, B, C, D or E permit or similar permit issued by the shellfish
				  sanitation control agency of another state or foreign country. The holder of a
				  class C permit is authorized to remove dead or broker shellstock from
				  containers, but is not authorized to pack, repack, tag or label, retag or
				  relabel containers of shellfish;
(5) class D (digger/shipper) permit. This
				  permit shall allow the holder thereof to ship shellstock which the holder has
				  legally harvested from shellfish lands of the State;
(6) class E (bay scallop shucker/packer)
				  permit. This permit shall allow the holder thereof, members of the permit
				  holder's immediate family, and not more than two employees of the permit
				  holder, to shuck and pack bay scallops which have been received from the holder
				  of a digger's permit and to ship such scallops in the form of fresh shucked
				  stock in intrastate commerce only;
(7) shellfish bait harvester's permit--no
				  fee. This permit shall allow the holder thereof to harvest shellfish from
				  designated uncertified shellfish lands and to use or sell such shellfish for
				  bait purposes only;
(8) shellfish
				  microbiological cleansing-principal harvester' s permit--no fee. This permit
				  shall allow the holder thereof to undertake a project for harvest of shellstock
				  from uncertified shellfish lands including the transport and sale of such
				  shellstock to a designated shellfish microbiological cleansing facility
				  only;
(9) shellfish microbiological
				  cleansing-harvester's permit--no fee. This permit shall allow the holder
				  thereof to harvest shellstock from designated uncertified shellfish lands and
				  to transport and/or sell such shellstock to a designated shellfish
				  microbiological cleansing facility only;
(10) shellfish water storage permit--no fee.
				  This permit shall allow the holder thereof to store shellstock harvested from
				  certified shellfish lands in tanks of water; and
(11) shellfish microbiological cleansing
				  operator's permit--no fee. This permit shall allow the holder thereof to
				  operate a facility for the microbiological cleansing of shellfish.