N.Y. Environmental Conservation Law § 13-0311: Digger's permit to take shellfish for commercial purposes; when not required

§ 13-0311. Digger's permit to take shellfish for commercial purposes;

when not required.

1. Subject to the provisions of this article, a person may take

shellfish from under water lands in the state for commercial purposes,

including the culling, sorting or tagging of such shellfish, only upon

first obtaining a digger's permit from the department, provided,

however, that the application for such permit by a person sixteen years

of age or under shall be signed by his parent or legal guardian, who

shall thereby consent to the issuance of the permit.

2. The department shall prescribe and furnish forms for application

for such permit.

3. The fee for such permit shall be fifty dollars for a person

domiciled within the state. The fee for persons not domiciled within the

state shall be one hundred fifty dollars. Such permit shall expire on

December 31 of the year of issue. If it appears in the public interest,

the department may, after hearing held on ten day's notice, suspend or

cancel such permits, except that in case of a taking from an uncertified

area such suspension or cancellation may be without prior notice.

4. The holder of such permit shall not ship or sell shellfish, except

to a holder of a valid Class A, B, or E shipper's permit, issued

pursuant to section 13-0315 of this title, who has a place of business

in the county of Nassau or Suffolk, without first obtaining a shipper's

permit as provided in subdivision 1 of section 13-0315.

5. Subject to the provisions of this article, a person may, without

permit, take not more than a total of four pecks (one bushel) of

shellfish other than bay scallops and not more than four pecks of bay

scallops (Argopecten irradians) in any one day for the use of such

person or such person's family. Within the one bushel total limit of

species, other than bay scallops, which may be taken in one day the

following species-specific limits shall apply:

a. Hard clams (Mercenaria mercenaria). Not more than one hundred

individual organisms.

b. Blue mussels (Mytilus edulis). Not more than two pecks.

c. Oysters (Crassostrea virginica). Not more than two pecks.

d. Soft Clams (Mya arenaria). Not more than two pecks.

6. The holder of such digger's permit shall carry the permit assigned

to such holder while engaged in the permitted activities, and the

failure by such holder to exhibit the permit to any shellfish inspector,

environmental conservation officer, health official, peace officer,

acting pursuant to such officers' special duties, police officer or

magistrate shall be presumptive evidence that no valid digger's permit

has been issued to the person who fails to produce such permit.

7. No person shall take shellfish or assist another in the taking of

shellfish in any quantity, including the culling, sorting or tagging of

such shellfish, during the time that such person's digger's permit

privileges have been revoked or suspended.

8. Endorsed vessels. a. Upon application to the department on forms

furnished by the department, a shellfish digger's permit may be endorsed

for use on a vessel, in which case such permit shall authorize all

persons on board such vessel to engage in the taking of hard clams

(Mercenaria mercenaria) and oysters (Crassostrea virginica), including

the culling, sorting, and tagging of such shellfish. Each application

shall include a copy of one of the following documents as proof of

vessel length: the certificate of documentation for the vessel issued by

the United States government, or the registration for the vessel issued

by any state government within the United States.

b. The fee for endorsing a shellfish digger's permit to a vessel shall

be fifty dollars for a vessel that is forty feet or less in registered

length, and one hundred dollars for a vessel that is greater than forty

feet in registered length. Such fee shall be in addition to the permit

fee provided for in subdivision three of this section.

c. Not more than one rake, tong or other shellfish harvesting device

shall be used for the taking of hard clams and oysters at any given time

pursuant to a digger's permit which has been endorsed to a vessel.

d. A shellfish digger's permit which has been endorsed to a vessel

shall not cover any person whose shellfish digger's permit privileges

have been revoked or suspended.

e. The holder of a shellfish digger's permit which has been endorsed

to a vessel shall be on board such vessel at all times when the vessel

is being used for the taking of hard clams and oysters.

f. The holder of a shellfish digger's permit which has been endorsed

to a vessel shall be liable for all violations of this title that occur

on such vessel.

g. If the holder of a shellfish digger's permit which has been

endorsed to a vessel is a corporation, the operator of such vessel shall

possess a separate shellfish digger's permit issued in the operator's

name, and such operator shall be liable for all violations of this title

that occur on such vessel.

h. A shellfish digger's permit shall not be endorsed to more than one

vessel at any one time.

i. The holder of a shellfish digger's permit which has been endorsed

to a vessel shall maintain a daily log indicating the names and

addresses of individuals covered by such permit for each day the vessel

is used for taking hard clams and oysters and shall make such log

available to the department upon request.