N.Y. Environmental Conservation Law § 13-0325: Clams; prohibited acts

§ 13-0325. Clams; prohibited acts.

1. Except for transplanting as provided in section 13-0321, no person

shall take, harvest, possess, sell, offer for sale or otherwise

trafficked in hard clams (Mercenaria mercenaria) measuring less than one

inch in thickness.

2. Hard clams less than one inch in thickness may be taken by

shellfish growers from leased or privately owned lands other than town

lands currently under cultivation by the grower for transplanting to

other such lands being cultivated by the same grower, and imported from

another state by a shellfish grower for transplanting to public or

private or leased lands under cultivation, provided a permit for each

separate transplanting operation is issued by the department subject to

provisions of sections 13-0319 and 13-0321. The permit, providing for

transplanting hard clams less than one inch in thickness, shall be

issued without fee. Such clams shall not be transported to a point

without the state.

3. Soft or steamer clams (Mya arenaria) less than one and one-half

inches in the longest diameter shall not be taken, possessed, bought,

sold or otherwise trafficked in.

4. a. Surf, sea, hen or skimmer clams (Spisula solidissima; Spisula

polynyma) less than three inches in the longest diameter shall not be

taken, possessed, bought, sold, or otherwise trafficked in except that

such clams less than four inches in the longest diameter shall not be

taken from the waters of the Atlantic Ocean for use as food.

b. All surf, sea, hen or skimmer clams and ocean quahogs taken from

the waters of the marine and coastal district shall be landed in the

state of New York.

c. Boats of nonresidents may be licensed to take surf, sea, hen or

skimmer clams and ocean quahogs from the waters of the Atlantic Ocean

within the marine and coastal district in accordance with paragraph c of

subdivision three of section 13-0309 hereof, provided that the boat is

registered in a state which accords reciprocal clamming privileges to

residents of this state and provided that the owner is a citizen of the

United States and a resident of a state according reciprocal privileges

to residents of this state. The license shall be issued in the name of

the boat and shall be on board during all licensed operations. The fee

for said license shall be five hundred dollars per boat. Each license

shall expire on the thirty-first day of December next succeeding its

issue, and if it appears in the public interest the department may

suspend or cancel such license on ten days notice in writing to the

holder thereof, except that in case of a taking from an uncertified

area, such suspension or cancellation may be without prior notice.

d. Any individual, while participating in the operation of a licensed

boat, shall be exempt from the requirements of section 13-0311 but shall

not ship or sell shellfish taken by such boat without first obtaining a

shellfish shipper's permit as provided for in section 13-0315.

5. Clams shall be culled when taken in accordance with rules and

regulations promulgated by the commissioner. Clams which may not be

taken, possessed, offered for sale, sold or otherwise trafficked in

pursuant to the provisions of subdivision 1, 3 or 4 of this section may

compose not to exceed three per centum of any bushel, package or

container, when unavoidably taken. Such three per centum shall be

determined by the measurement of any bushel, or other package or

container of different measurement of clams taken from the catch or in

the possession of the person offering the same for sale.

6. Each bushel, or other package or container of different measurement

containing an excess of three per centum of clams which may not be

taken, possessed, offered for sale, sold or otherwise trafficked in

pursuant to the provisions of subdivision 1, 3 or 4 of this section

determined by count shall constitute a separate violation.

7. It shall be unlawful to knowingly:

a. Transport, conceal or convey hard shell clams obtained or possessed

in contravention of the provisions of this chapter in, upon or by means

of any vehicle, vessel or aircraft; or

b. Conceal or possess hard shell clams obtained or possessed in

contravention of the provisions of this chapter in or upon any vehicle,

vessel or aircraft.

8. The department may, until December thirty-first, two thousand

twenty-eight, adopt by regulation measures for the management of hard

clams (Mercenaria mercenaria), soft or steamer clams (Mya arenaria), and

razor clams (Ensis sp.), including size limits, catch and possession

limits, open and closed seasons, closed areas, restrictions on the

manner of taking and landing, requirements for permits and eligibility

therefor, recordkeeping and identification requirements, requirements on

the amount and type of fishing effort and gear, and requirements

relating to transportation, possession and sale, provided that such

regulations are no less restrictive than requirements set forth in this

chapter.