N.Y. Environmental Conservation Law § 13-0313: Shellfish growers; definition; bed permit

§ 13-0313. Shellfish growers; definition; bed permit.

1. Any person resident in this state one year or more may engage in

the cultivation and marketing of shellfish subject to the provisions of

sections 13-0307, 13-0309, 13-0311 and 13-0319 and shall be known as a

grower.

2. A grower shall not take shellfish, for shipping or marketing from

lands owned, leased or rented by him, except upon permit of the

department which shall certify that such lands lie within certified

areas. The department shall prescribe and furnish forms for application

for such permits.

3. The fee for such permit shall be twenty-five cents for each acre

from which shellfish are to be taken; provided, however, that the

minimum fee shall be five dollars. Such certificates shall expire on

December 31 of the year of issue.

4. If it appears in the public interest, the department may suspend or

cancel any such permit.

5. Where lands for which such permit has been issued are found to be

in part within an uncertified area, the department shall issue without

fee, a new permit covering the remaining portion of such lands.

6. In case of assignment or transfer of rights or ownership of any

private or leased lands under water, or parts thereof, a new permit

shall be required.