S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3057
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 2, 2015
                                      ___________
       Introduced  by Sens. YOUNG, RANZENHOFER -- read twice and ordered print-
         ed, and when printed to be committed to the Committee on Environmental
         Conservation
       AN ACT to amend the environmental conservation law and  the  agriculture
         and  markets  law,  in  relation  to the regulation of aquaculture; to
         amend the environmental conservation law and the state finance law, in
         relation to making technical changes thereto; and  to  repeal  certain
         provisions of the environmental conservation law relating to the regu-
         lation of aquaculture
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 11-1909 of the environmental  conservation  law  is
    2  REPEALED.
    3    S  2.  Sections  13-0301, 13-0305, 13-0309, 13-0311, 13-0313, 13-0315,
    4  13-0319, 13-0321, 13-0323, 13-0325  and  13-0327  of  the  environmental
    5  conservation law are REPEALED.
    6    S  3.  Paragraph a of subdivision 1 of section 11-1319 of the environ-
    7  mental conservation law, as amended by chapter 193 of the laws of  1992,
    8  is amended to read as follows:
    9    a.  This  section  governs  possession, transportation and sale of all
   10  fish taken in waters of the state,  including  the  marine  and  coastal
   11  district  except  (1)  trout and black bass raised under permit from the
   12  department and identified as provided in section  [11-1909]  96-Z-41  OF
   13  THE  AGRICULTURE  AND  MARKETS LAW, (2) fish taken from a farm fish pond
   14  licensed as provided  in  section  11-1911,  and  (3)  fish  taken  from
   15  licensed fishing preserve waters as provided in section 11-1913.
   16    S  4.  Subdivision 1 of section 11-1501 of the environmental conserva-
   17  tion law, as amended by chapter 193 of the laws of 1992, is  amended  to
   18  read as follows:
   19    1.  This title 15 of the Fish and Wildlife Law and regulations adopted
   20  pursuant hereto do not apply to (a) the taking of  fish  by  angling  as
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06024-01-5
       S. 3057                             2
    1  permitted  in title 13; (b) the taking of fish or the use of nets in the
    2  marine and coastal district as defined in section 13-0103, or in a trout
    3  or black bass hatchery operated under  permit  from  the  department  as
    4  provided  in  section  [11-1909]  96-Z-41 OF THE AGRICULTURE AND MARKETS
    5  LAW, or in a farm fish pond licensed as provided in section  11-1911  or
    6  in  a  fishing preserve licensed as provided in section 11-1913; (c) the
    7  sale or taking for sale of bait fish named in section 11-1315.
    8    S 5. The agriculture and markets law is amended by adding a new  arti-
    9  cle 5-E to read as follows:
   10                                 ARTICLE 5-E
   11                          REGULATION OF AQUACULTURE
   12  SECTION 96-Z-40.   LEGISLATIVE INTENT.
   13          96-Z-41.   PRIVATE TROUT AND BLACK BASS HATCHERIES.
   14          96-Z-42.   SHELLFISH REGULATIONS.
   15          96-Z-43.   AQUACULTURE TASK FORCE.
   16          96-Z-44.   LEASE  OF  STATE-OWNED UNDERWATER LANDS FOR SHELLFISH
   17                       CULTIVATION.
   18          96-Z-45.   MARKING LANDS PROHIBITED; INJURY TO MONUMENTS.
   19          96-Z-46.   TAKING, HANDLING AND IMPORTATION OF SHELLFISH; GENER-
   20                       AL PROVISIONS.
   21          96-Z-47.   SHELLFISH GROWERS; DEFINITION; BED PERMIT.
   22          96-Z-47-A. SHELLFISH SHIPPER'S AND PROCESSOR'S PERMIT.
   23          96-Z-48.   DIGGER'S PERMIT  TO  TAKE  SHELLFISH  FOR  COMMERCIAL
   24                       PURPOSES; WHEN NOT REQUIRED.
   25          96-Z-49.   TAKING AND IMPORTATION OF SHELLFISH FOR TRANSPLANTING
   26                       AND OTHER PURPOSES.
   27          96-Z-50.   OYSTERS; PROHIBITED ACTS.
   28          96-Z-51.   CLAMS; PROHIBITED ACTS.
   29          96-Z-52.   SCALLOPS; PROHIBITED ACTS.
   30          96-Z-53.   COMMERCIAL LICENSES; LIMITED ENTRY.
   31    S 96-Z-40. LEGISLATIVE INTENT. THE LEGISLATURE FINDS AND DECLARES THAT
   32  AQUACULTURE IS AMONG THE FASTEST GROWING SEGMENTS OF THE GLOBAL AGRICUL-
   33  TURE  MARKETS, WITH NEW YORK'S FISH-FARMING INDUSTRY SUPPLYING FISH TO A
   34  VARIETY OF MARKETS, AND THAT THIS BODY SHOULD SEEK WAYS TO  DEVELOP  THE
   35  FISH-FARMING  BUSINESS  AS AN ALTERNATIVE CASH CROP FOR FARMS ACROSS THE
   36  STATE.
   37    S 96-Z-41. PRIVATE TROUT AND BLACK BASS HATCHERIES. 1. THE DEPARTMENT,
   38  IN ITS DISCRETION, MAY ISSUE TO ANY  PERSON  A  HATCHERY  PERMIT,  VALID
   39  DURING  THE  CALENDAR YEAR OF ISSUE, TO PROPAGATE, RAISE AND SELL TROUT.
   40  THE DEPARTMENT SHALL ESTABLISH BY ORDER REGULATIONS GOVERNING THE  IDEN-
   41  TIFICATION AND TRANSPORTATION OF TROUT RAISED UNDER SUCH A PERMIT, OTHER
   42  THAN  BY  INDIVIDUAL TAGGING, WHICH ARE OFFERED FOR SALE, SOLD OR TRANS-
   43  PORTED.
   44    2. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE TO ANY PERSON A HATCH-
   45  ERY PERMIT, VALID DURING THE CALENDAR YEAR OF ISSUE, TO PROPAGATE, RAISE
   46  AND SELL BLACK BASS. THE DEPARTMENT SHALL ESTABLISH BY ORDER REGULATIONS
   47  GOVERNING THE IDENTIFICATION AND TRANSPORTATION  OF  BLACK  BASS  RAISED
   48  UNDER SUCH A PERMIT, OTHER THAN BY INDIVIDUAL TAGGING, WHICH ARE OFFERED
   49  FOR SALE, SOLD OR TRANSPORTED.
   50    S  96-Z-42.  SHELLFISH  REGULATIONS.    THE DEPARTMENT MAY ADOPT REGU-
   51  LATIONS WITH RESPECT TO THE HARVESTING, TRANSPLANTING, RELAYING, RECEIV-
   52  ING, POSSESSING, TRANSPORTING, IMPORTING, EXPORTING, PROCESSING, BUYING,
   53  SELLING OF OR  OTHERWISE  TRAFFICKING  IN  SHELLFISH;  THE  LABELING  OR
   54  TAGGING  THEREOF;  THE  KEEPING OF RECORDS OF SHELLFISH RECEIVED, TRANS-
   55  PORTED AND DISTRIBUTED; AND THE CONSTRUCTION, OPERATION AND  MAINTENANCE
   56  OF  ALL  SHELLFISH HANDLING, PROCESSING AND DISTRIBUTING ESTABLISHMENTS,
       S. 3057                             3
    1  INCLUDING FACILITIES AND EQUIPMENT AND THE CLEANING, CLEANSING AND WATER
    2  STORAGE OF SHELLFISH.  THE PROVISIONS OF THIS SECTION RELATING TO TRANS-
    3  PLANTING AND RELAYING SHALL INCLUDE, BUT NOT BE LIMITED TO, THE  REMOVAL
    4  OF  SHELLFISH FROM UNCERTIFIED GROWING AREAS AND TRANSPLANTING TO CERTI-
    5  FIED AREAS FOR SUBSEQUENT HARVEST FOR MARKET PURPOSES AND  TRANSPLANTING
    6  OF  SCALLOPS  PURSUANT  TO  SECTION 96-Z-49 OF THIS ARTICLE.  SUCH REGU-
    7  LATIONS MAY PROVIDE FOR PAYMENT OF THE REASONABLE COSTS OF  THE  DEPART-
    8  MENT  OF  SUPERVISION  OF  REMOVAL  OF SHELLFISH FROM UNCERTIFIED AREAS,
    9  EXCEPT WHERE SUCH REMOVAL IS BEING UNDERTAKEN BY A MUNICIPALITY OR POLI-
   10  TICAL SUBDIVISION. SUCH REGULATIONS SHALL BE DRAWN IN SUCH A  MANNER  AS
   11  TO PROVIDE ADEQUATE SANITARY CONTROL OVER ALL SHELLFISH OFFERED FOR SALE
   12  AND  DISTRIBUTION  IN  THE  STATE.  SUCH  REGULATIONS  SHALL NOT BE LESS
   13  RESTRICTIVE THAN THE MINIMUM REQUIREMENTS OF ANY FEDERAL AGENCY REGULAT-
   14  ING THE INTER-STATE SHIPMENT OF SHELLFISH.
   15    S 96-Z-43. AQUACULTURE TASK FORCE. 1. AN  AQUACULTURE  TASK  FORCE  IS
   16  HEREBY  ESTABLISHED  TO DETERMINE THE VIABILITY OF ADOPTING A REGULATORY
   17  SYSTEM WITH PROMOTION AND PROTECTION OF THE AQUACULTURE INDUSTRY AS  ITS
   18  GOAL FOR THE STATE.
   19    2.  THE  TASK  FORCE SHALL CONSIST OF TEN MEMBERS, EACH TO SERVE FOR A
   20  TERM OF TWO YEARS, TO BE APPOINTED AS FOLLOWS: TWO SHALL BE APPOINTED BY
   21  THE TEMPORARY PRESIDENT OF THE SENATE AND TWO BY THE MINORITY LEADER  OF
   22  THE  SENATE;  TWO  SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY AND
   23  TWO BY THE MINORITY LEADER OF THE ASSEMBLY; AND TWO SHALL  BE  APPOINTED
   24  BY  THE  GOVERNOR.    THE MEMBERS SHALL BE BROADLY REPRESENTATIVE OF THE
   25  GEOGRAPHIC AREAS OF THE STATE AND INCLUDE REPRESENTATIVES OF  THE  AQUA-
   26  CULTURE  INDUSTRY,  ETHNIC POPULATIONS, LOCAL GOVERNMENTS AND THE PUBLIC
   27  AT LARGE.  NO MORE THAN FOUR APPOINTEES SHALL BE MEMBERS OF THE LEGISLA-
   28  TURE.  THE COMMISSIONER AND THE COMMISSIONER OF ENVIRONMENTAL  CONSERVA-
   29  TION  SHALL SERVE AS EX-OFFICIO MEMBERS.  VACANCIES IN THE MEMBERSHIP OF
   30  THE COMMISSION AND AMONG ITS OFFICERS SHALL  BE  FILLED  IN  THE  MANNER
   31  PROVIDED FOR ORIGINAL APPOINTMENTS.
   32    3.  THE TASK FORCE MAY EMPLOY AND AT PLEASURE REMOVE SUCH PERSONNEL AS
   33  IT MAY DEEM NECESSARY FOR THE PERFORMANCE OF ITS FUNCTIONS AND FIX THEIR
   34  COMPENSATION WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR.
   35    4. THE MEMBERS OF THE TASK FORCE SHALL  RECEIVE  NO  COMPENSATION  FOR
   36  THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
   37  INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS ARTICLE.
   38    5. TO THE MAXIMUM EXTENT FEASIBLE, THE TASK FORCE SHALL BE ENTITLED TO
   39  REQUEST  AND RECEIVE AND SHALL UTILIZE AND BE PROVIDED WITH SUCH FACILI-
   40  TIES, RESOURCES, AND DATA OF ANY  COURT,  DEPARTMENT,  DIVISION,  BOARD,
   41  BUREAU,  COMMISSION, OR AGENCY OF THE STATE OR ANY POLITICAL SUBDIVISION
   42  THEREOF AS IT MAY REASONABLY REQUEST TO CARRY OUT  PROPERLY  ITS  POWERS
   43  AND DUTIES HEREUNDER.
   44    6.  THE  APPOINTING  AUTHORITIES SHALL APPOINT THE MEMBERS OF THE TASK
   45  FORCE WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SECTION  AND  THE
   46  TASK FORCE SHALL CONVENE ITS FIRST MEETING WITHIN SIXTY DAYS THEREAFTER.
   47    7.  THE TASK FORCE SHALL MAKE A PRELIMINARY REPORT TO THE GOVERNOR AND
   48  THE LEGISLATURE OF ITS FINDINGS, CONCLUSIONS AND RECOMMENDATIONS  ON  OR
   49  BEFORE APRIL FIRST, TWO THOUSAND SIXTEEN AND A FINAL REPORT OF ITS FIND-
   50  INGS,   CONCLUSIONS   AND   RECOMMENDATIONS   NOT  LATER  THAN  DECEMBER
   51  THIRTY-FIRST, TWO THOUSAND SIXTEEN, AND SHALL SUBMIT  WITH  ITS  REPORTS
   52  SUCH LEGISLATIVE PROPOSALS AS IT DEEMS NECESSARY TO IMPLEMENT ITS RECOM-
   53  MENDATIONS.
   54    S 96-Z-44. LEASE  OF STATE-OWNED UNDERWATER LANDS FOR SHELLFISH CULTI-
   55  VATION.  1. LEASES. A. EXCEPT AS PROVIDED IN PARAGRAPH B OF THIS  SUBDI-
   56  VISION, THE DEPARTMENT MAY LEASE STATE-OWNED UNDERWATER LANDS WITHIN THE
       S. 3057                             4
    1  MARINE  AND COASTAL DISTRICT FOR THE CULTIVATION OF SHELLFISH. THE WRIT-
    2  TEN APPROVAL OF THE OFFICE OF GENERAL SERVICES SHALL BE OBTAINED FOR THE
    3  LEASE OF LAND WITHIN FIVE HUNDRED FEET OF THE HIGH WATER MARK.
    4    B. THE FOLLOWING LANDS UNDERWATER SHALL NOT BE LEASED: (I) LANDS WHERE
    5  THERE  IS  AN INDICATED PRESENCE OF SHELLFISH IN SUFFICIENT QUANTITY AND
    6  QUALITY AND SO LOCATED AS TO SUPPORT SIGNIFICANT HAND RAKING OR  TONGING
    7  HARVESTING;  (II)  LANDS  WHERE THE LEASING WILL RESULT IN A SIGNIFICANT
    8  REDUCTION TO ESTABLISHED COMMERCIAL  FINFISH  OR  CRUSTACEAN  FISHERIES;
    9  (III)  LANDS  WHERE  BAY SCALLOPS ARE PRODUCED REGULARLY ON A COMMERCIAL
   10  BASIS; AND (IV) LANDS UNDERWATER OF GARDINER'S AND PECONIC BAYS AND  THE
   11  TRIBUTARIES  THEREOF BETWEEN THE WESTERLY SHORE OF GREAT PECONIC BAY AND
   12  AN EASTERLY LINE RUNNING FROM THE MOST EASTERLY POINT OF PLUM ISLAND  TO
   13  GOFF POINT AT THE ENTRANCE OF NAPEAQUE HARBOR.
   14    2.  REGULATIONS.  A.  REGULATIONS  ADOPTED  BY  THE DEPARTMENT FOR THE
   15  IMPLEMENTATION AND ADMINISTRATION OF THIS SECTION  SHALL  INCLUDE  REGU-
   16  LATIONS  WITH  RESPECT TO LEASING FORMS AND PROCEDURES; PUBLIC NOTICE OF
   17  LEASING; EXECUTION OF LEASES; MINIMUM RENTAL FEES;  BIDDING  PROCEDURES;
   18  POSTING  AND FORFEITURE OF FINANCIAL SECURITY, RENEWALS, TERMINATION AND
   19  ASSIGNMENT OF LEASES; MARKING AND TESTING  OF  GROUNDS;  MAINTENANCE  OF
   20  BOUNDARY  MARKERS;  COLLECTION  OF RENTAL AND RECORDING FEES; SUBMISSION
   21  AND APPROVAL OF CULTIVATION PLANS; HARVESTING GEAR; AND ACREAGE OF LANDS
   22  TO BE LET AND TERM OF LEASES AND OTHER MATTERS PERTINENT  TO  UNDERWATER
   23  LAND USE AND SHELLFISH CULTIVATION.
   24    B.  REGULATIONS  ADOPTED  BY THE DEPARTMENT FOR THE IMPLEMENTATION AND
   25  ADMINISTRATION OF THIS SECTION SHALL INCLUDE THE FOLLOWING REQUIREMENTS:
   26  (I) LEASES SHALL BE AWARDED AFTER PUBLIC AUCTION FOLLOWING  DUE  NOTICE;
   27  (II)  LEASES  SHALL  BE AWARDED TO THE HIGHEST RESPONSIBLE BIDDER; (III)
   28  BIDDERS SHALL PROVIDE A DETAILED CULTIVATION PLAN; AND (IV)  CULTIVATION
   29  OF SHELLFISH SHALL COMMENCE WITHIN ONE YEAR OF THE AWARD OF THE LEASE.
   30    3. SUMMARY PROCEEDINGS. UPON FAILURE TO PAY THE RENTAL ON ANY DATE DUE
   31  UNDER THE TERMS OF A LEASE OR UPON REVOCATION, THE DEPARTMENT MAY, AFTER
   32  WRITTEN NOTICE TO THE LESSEE, DECLARE THE LEASE CANCELLED AS OF THE DATE
   33  SET  FORTH  IN  SUCH  NOTICE,  AND  MAY IMMEDIATELY THEREAFTER EVICT THE
   34  LESSEE FROM SUCH LANDS. THE PROVISIONS OF  ARTICLE  SEVEN  OF  THE  REAL
   35  PROPERTY  ACTIONS  AND PROCEEDINGS LAW SHALL APPLY AND GOVERN THE PROCE-
   36  DURE IN SUCH CASES.
   37    4. LIMITATIONS. THE COMMISSIONER OF GENERAL SERVICES SHALL  NOT  GRANT
   38  OR  LEASE  LANDS  FOR  SHELLFISH  CULTIVATION.  THE  PUBLIC SHALL NOT BE
   39  EXCLUDED FROM THE TAKING OF SHELLFISH FROM UNDERWATER LANDS  GRANTED  OR
   40  LEASED  BY SUCH COMMISSIONER FOR OTHER PURPOSES; PROVIDED, HOWEVER, THAT
   41  SHOULD ANY GRANT OR LEASE MADE  BY  SUCH  COMMISSIONER  FOR  SUCH  OTHER
   42  PURPOSES  INCLUDE  LANDS  LEASED  BY THE DEPARTMENT FOR SHELLFISH CULTI-
   43  VATION THE LESSEE FOR SHELLFISH CULTIVATION  SHALL  HAVE  THE  EXCLUSIVE
   44  RIGHT  TO  USE AND TAKE SHELLFISH FROM SUCH LEASED LANDS FOR A PERIOD OF
   45  TWO YEARS FROM THE DATE OF THE GRANT OR LEASE BY  SUCH  COMMISSIONER  OR
   46  UNTIL  THE  EXPIRATION  OF THE SHELLFISH CULTIVATION LEASE, WHICHEVER IS
   47  THE EARLIEST, AND MAY PRIOR TO THE EXPIRATION OF SUCH PERIOD, REMOVE AND
   48  TRANSPLANT THE SHELLFISH FROM SUCH LANDS TO OTHER LANDS LEASED, OWNED OR
   49  CONTROLLED BY SUCH LESSEE.
   50    S 96-Z-45. MARKING LANDS PROHIBITED;  INJURY  TO  MONUMENTS.    1.  NO
   51  PERSON OTHER THAN THE LESSEE OR THE DEPARTMENT SHALL MARK OUT OR ENCLOSE
   52  IN  ANY  MANNER,  ANY  STATE-OWNED  LANDS UNDER WATER FOR THE PURPOSE OF
   53  PLANTING SHELLFISH THEREON OR EXCLUDING THE GENERAL PUBLIC THEREFROM.
   54    2. NO PERSON SHALL WILFULLY INJURE OR REMOVE ANY  MONUMENT,  STAKE  OR
   55  BOUNDARY  MARKER  OF  ANY KIND, PLACED FOR THE PURPOSE OF DELINEATING OR
       S. 3057                             5
    1  LOCATING STATE OWNED SHELLFISH LANDS EXCEPT BY AUTHORITY OF THE  DEPART-
    2  MENT.
    3    S 96-Z-46. TAKING,  HANDLING  AND  IMPORTATION  OF  SHELLFISH; GENERAL
    4  PROVISIONS.  1. A. SHELLFISH SHALL NOT BE TAKEN FROM UNCERTIFIED  LANDS,
    5  EXCEPT AS PROVIDED IN SECTIONS 96-Z-42 AND 96-Z-49 OF THIS ARTICLE.
    6    B.  SHELLFISH  FROM  UNCERTIFIED  LANDS  OF  OTHER STATES SHALL NOT BE
    7  POSSESSED, TRANSPORTED OR TRAFFICKED IN WITHIN THIS STATE, EXCEPT PURSU-
    8  ANT TO PERMIT AS PROVIDED IN SECTIONS 96-Z-42 AND 96-Z-49 OF THIS  ARTI-
    9  CLE.
   10    C.  SHELLFISH  SHALL  NOT  BE  SHIPPED OR TRANSPORTED INTO THIS STATE,
   11  EXCEPT AS PROVIDED IN SECTIONS 96-Z-42  AND  96-Z-49  OF  THIS  ARTICLE,
   12  UNLESS SUCH SHELLFISH ARE HARVESTED FROM CERTIFIED SHELLFISH LANDS WHOSE
   13  QUALITY  IS  EQUIVALENT  TO OR BETTER THAN THAT DESCRIBED IN REGULATIONS
   14  PROMULGATED PURSUANT TO SECTION 96-Z-42 OF THIS ARTICLE.
   15    2. A. SHELLFISH SHALL NOT BE TAKEN FROM SUNSET  TO  SUNRISE  FROM  ANY
   16  SHELLFISH LANDS OF THIS STATE.
   17    B.  DURING  THE  PERIOD  FROM  ONE HOUR AFTER SUNSET UNTIL SUNRISE, NO
   18  PERSON, EXCEPT PURSUANT TO A PERMIT  ISSUED  BY  THE  DEPARTMENT,  SHALL
   19  POSSESS  ON  BOARD  A  VESSEL,  OR OFF-LOAD FROM A VESSEL, MORE THAN THE
   20  QUANTITIES OF SHELLFISH ALLOWED TO BE POSSESSED PURSUANT TO  SUBDIVISION
   21  FIVE  OF SECTION 96-Z-48 OF THIS ARTICLE. POSSESSION OF SHELLFISH DURING
   22  THE PERIOD FROM ONE  HOUR  AFTER  SUNSET  UNTIL  SUNRISE  IN  QUANTITIES
   23  EXCEEDING THOSE SET FORTH IN SUBDIVISION FIVE OF SECTION 96-Z-48 OF THIS
   24  ARTICLE  SHALL  BE PRESUMPTIVE EVIDENCE OF A VIOLATION OF PARAGRAPH A OF
   25  THIS SUBDIVISION.
   26    3. NO DREDGE OR SCRAPE OR OTHER DEVICE OPERATED BY POWER OR  BY  BOATS
   27  PROPELLED  BY MOTOR OR OTHER MECHANICAL MEANS MAY BE USED FOR THE TAKING
   28  OF SHELLFISH FROM PUBLIC OR UNLEASED LANDS UNDER WATER, EXCEPT THAT:
   29    A. SEA SCALLOPS (PECTEN MAGELLANICUS) MAY BE TAKEN FROM THE WATERS  OF
   30  THE ATLANTIC OCEAN BY ANY MEANS.
   31    B. IN THE TAKING OF SOFT CLAMS (MYA ARENARIA) ON LANDS BELOW LOW TIDE,
   32  THE PRACTICE OF CHURNING WITH A PROPELLER MAY BE EMPLOYED.
   33    C. SURF, SEA, HEN OR SKIMMER CLAMS (SPISULA SOLIDISSIMA; SPISULA POLY-
   34  NYMA)  AND  OCEAN QUAHOGS (ARCTICA ISLANDICA) MAY BE TAKEN BY MECHANICAL
   35  MEANS FROM THE WATERS OF THE MARINE  AND  COASTAL  DISTRICT,  EXCEPT  AS
   36  LIMITED BY ANY REGULATIONS PROMULGATED PURSUANT TO SUBDIVISION TWELVE OF
   37  THIS SECTION.
   38    D.  THE  DEPARTMENT MAY PERMIT THE TAKING OF SHELLFISH FOR PURPOSES OF
   39  TRANSPLANTING ONLY PURSUANT TO  SECTION  96-Z-49  OF  THIS  ARTICLE,  BY
   40  MECHANICAL  MEANS,  EXCEPT  THAT  IN  THE  WATERS OF RICHMOND COUNTY THE
   41  DEPARTMENT MAY PERMIT SUCH TAKING IN WATERS AT A MEAN LOW WATER MARK  OF
   42  THIRTY FEET OR MORE.
   43    E.  SUBJECT  TO THE PROVISIONS OF SECTION 96-Z-52 OF THIS ARTICLE, BAY
   44  SCALLOPS (PECTEN IRRADIANS) MAY BE TAKEN WITH A DREDGE OR SCRAPE, HAVING
   45  AN OPENING AT THE MOUTH NOT TO EXCEED THIRTY-SIX INCHES IN  WIDTH,  WHEN
   46  TOWED  BY  A  BOAT OPERATED BY MECHANICAL POWER, OR OTHER MEANS PROVIDED
   47  THAT SUCH DREDGE OR SCRAPE IS BROUGHT ABOARD BY HAND POWER  WITHOUT  THE
   48  USE OF A MECHANICAL DEVICE.
   49    F. THE DEPARTMENT MAY ISSUE PERMITS FOR THE TAKING OF MUSSELS (MYTILUS
   50  EDULIS)  FROM UNDERWATER LANDS AS PROVIDED IN THIS PARAGRAPH BY MEANS OF
   51  DREDGES NOT TO EXCEED THIRTY-SIX INCHES IN WIDTH, WHICH MAY BE  EQUIPPED
   52  TO  BE  RETURNED  TO  BOATSIDE  BY MEANS OF POWER OR MECHANICAL DEVICES.
   53  MUSSELS (MYTILUS EDULIS) MAY BE TAKEN BY SUCH  MEANS  IN  THE  FOLLOWING
   54  AREAS:
       S. 3057                             6
    1    (I)  IN  LONG  ISLAND SOUND GENERALLY EASTERLY OF A LINE EXTENDING DUE
    2  NORTH FROM HEROD POINT ON LONG ISLAND INCLUDING THOSE WATERS SURROUNDING
    3  FISHERS ISLAND.
    4    (II) IN THE ATLANTIC OCEAN EASTERLY OF A LINE EXTENDING DUE SOUTH FROM
    5  THE ROCK JETTY ON THE EAST SIDE OF SHINNECOCK INLET.
    6    (III)  IN  THE BAYS WITH STATE-OWNED BOTTOMLAND EASTERLY FROM THE TOWN
    7  OF RIVERHEAD TO AND INCLUDING BLOCK ISLAND SOUND.
    8    (IV) THE LIMIT ON MUSSELS (MYTILUS EDULIS) TAKEN IN SUCH A  MANNER  IS
    9  FIFTEEN  BUSHELS  PER PERSON PER DAY, NOT TO EXCEED THIRTY BUSHELS TAKEN
   10  PER BOAT PER DAY. POSSESSION OF OTHER SHELLFISH OR POSSESSION OF MUSSELS
   11  ON A VESSEL POSSESSING  A  DREDGE  IS  PRESUMPTIVE  EVIDENCE  THAT  SUCH
   12  SHELLFISH OR MUSSELS WERE TAKEN BY SUCH DREDGE.
   13    G.  IN  THE TAKING OF HARD CLAMS (MERCENARIA MERCENARIA), A POT HAULER
   14  MAY BE USED ONBOARD A VESSEL TO ASSIST IN HAULING OR RETRIEVING  A  CLAM
   15  RAKE  FROM THE WATER, PROVIDED THAT THE BASKET ATTACHED TO THE CLAM RAKE
   16  SHALL NOT EXCEED TWENTY-SIX INCHES IN WIDTH. FOR THE  PURPOSES  OF  THIS
   17  SECTION, "POT HAULER" SHALL MEAN A MECHANICALLY OPERATED DEVICE, INCLUD-
   18  ING BUT NOT LIMITED TO A WINCH, REEL, WINDLASS OR CAPSTAN, WHICH IS USED
   19  TO  HAUL  OR  RETRIEVE  A  CLAM RAKE FROM THE WATER AND RETURN IT TO THE
   20  HARVEST VESSEL.
   21    4. NO PERSON SHALL TAKE, CARRY AWAY, INTERFERE WITH OR DISTURB SHELLF-
   22  ISH OF ANOTHER, LAWFULLY POSSESSED, PLANTED OR  CULTIVATED;  NOR  REMOVE
   23  ANY  STAKES,  BUOYS  OR BOUNDARY MARKS OF LAWFULLY POSSESSED, PLANTED OR
   24  CULTIVATED LANDS. THE POSSESSION OF DREDGES, RAKES OR TONGS OVERBOARD ON
   25  ANY SUCH LANDS SHALL BE DEEMED PRESUMPTIVE EVIDENCE OF  A  VIOLATION  OF
   26  THIS SUBDIVISION.
   27    5.  ALL  BOATS, HOUSES AND OTHER PLACES, CONTAINERS AND EQUIPMENT USED
   28  IN THE HANDLING OF SHELLFISH SHALL BE MAINTAINED IN A SANITARY CONDITION
   29  AS PROVIDED IN SECTION 96-Z-42 OF THIS ARTICLE.
   30    6. SHELLFISH SHALL NOT BE TREATED BY THE PROCESS  KNOWN  AS  DRINKING,
   31  FLOATING,  PLUMPING  OR  SWELLING, AND SHELLFISH SO TREATED SHALL NOT BE
   32  POSSESSED, BOUGHT, SOLD OR EXPOSED FOR  SALE;  PROVIDED,  HOWEVER,  THAT
   33  SHELLFISH  MAY BE RETAINED IN WATER STORAGE AS PROVIDED IN SECTION 96-Z-
   34  42 OF THIS ARTICLE AND PROVIDED, FURTHER, THAT NOTHING IN  THIS  SECTION
   35  SHALL  BE DEEMED TO PROHIBIT OR RENDER UNLAWFUL THE PRACTICE OF OFF-BOT-
   36  TOM CULTURE OF SHELLFISH UNDER PERMIT ISSUED PURSUANT TO SECTION 13-0316
   37  OF THE ENVIRONMENTAL CONSERVATION LAW.
   38    7. SHELLFISH IN THE SHELL, OR SHUCKED, SHALL NOT BE WASHED PREPARATORY
   39  TO MARKETING EXCEPT BY THE USE OF WATER FROM A WATER SUPPLY APPROVED  BY
   40  THE DEPARTMENT.
   41    8.  THE  OPERATION,  USE OR PLACING, FOR WHATEVER PURPOSE, OF DREDGES,
   42  RAKES, TONGS OR OTHER DEVICES FOR THE TAKING OF SHELLFISH IN UNCERTIFIED
   43  SHELLFISH LANDS, EXCEPT AS PROVIDED IN SECTIONS 96-Z-42 AND  96-Z-49  OF
   44  THIS  ARTICLE  IS  PROHIBITED.  THE DEPARTMENT MAY SUSPEND OR CANCEL THE
   45  DIGGER'S PERMIT OF ANY PERSON WHO IS CONVICTED OF A  VIOLATION  OF  THIS
   46  SUBDIVISION OR WHO SIGNS AN ACKNOWLEDGMENT OF A VIOLATION OF THIS SUBDI-
   47  VISION  FOR THE PURPOSE OF EFFECTING A SETTLEMENT BY CIVIL COMPROMISE OR
   48  BY STIPULATION.
   49    9. NO PERSON SHALL IN ANY WAY ALTER, DAMAGE, MUTILATE, MOVE  OR  CARRY
   50  AWAY  ANY BUOY OR MARKER PLACED BY THE DEPARTMENT THAT IS USED TO DESIG-
   51  NATE, MARK OR DEFINE THE UNCERTIFIED WATERS OF THE STATE.
   52    10. THE DEPARTMENT MAY ISSUE PERMITS FOR THE  POSSESSION  OF  A  STICK
   53  DREDGE  FOR  PURPOSES  IT MAY DEEM NECESSARY. NO PERSON WITHOUT A PERMIT
   54  FROM THE DEPARTMENT SHALL POSSESS  A  STICK  DREDGE  IN  NASSAU  COUNTY,
   55  SUFFOLK COUNTY OR IN THE MARINE AND COASTAL DISTRICT. FOR THE PURPOSE OF
   56  THIS  SECTION,  A  "STICK  DREDGE" SHALL BE ANY TOOTH-BASKET COMBINATION
       S. 3057                             7
    1  DREDGING DEVICE WHOSE CONSTRUCTION SHALL ALLOW FOR THE INSTALLATION OF A
    2  STICK OR STICKS OF ANY TYPE MATERIAL WHOSE  PURPOSE  IS  TO  PERMIT  THE
    3  DIRECTION  OF  FORCE UPON SUCH DEVICE AND WHICH IS COMMONLY USED FOR THE
    4  TAKING  OF MERCENARIA MERCENARIA BY BEING TOWED EITHER DIRECTLY OR INDI-
    5  RECTLY BY A MOTORBOAT WHICH HAS ITS ENGINE ENGAGED.
    6    11. NO PERSON WITHOUT A PERMIT FROM THE DEPARTMENT SHALL POSSESS RAKES
    7  OR TONGS, OF THE TYPE AND DESIGN NORMALLY USED BY  SHELLFISH  HARVESTERS
    8  FOR HARVESTING SHELLFISH FROM SHELLFISH LANDS, IN NASSAU COUNTY, SUFFOLK
    9  COUNTY OR THE MARINE AND COASTAL DISTRICT EXCEPT:
   10    A.  HAND OPERATED TONGS HAVING TEETH IN THE HEADS SPACED NOT LESS THAN
   11  ONE INCH APART AND THE BASKET ATTACHED TO SUCH  TONGS  HAVING  BARS  NOT
   12  LESS THAN FIFTEEN-SIXTEENTHS OF AN INCH APART, OR
   13    B.  HAND  OPERATED  RAKES  HAVING  TEETH SPACED NOT LESS THAN ONE INCH
   14  APART AND THE BASKET ATTACHED TO SUCH RAKE HAVING  BARS  NOT  LESS  THAN
   15  FIFTEEN-SIXTEENTHS OF AN INCH APART.
   16    RAKES OR TONGS HAVING WIRE NETTING OR OTHER MATERIAL BETWEEN THE TEETH
   17  OR BARS SHALL NOT BE USED.
   18    12.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF THIS CHAPTER OR RULE OR
   19  REGULATION, THE  DEPARTMENT  SHALL  FIX  BY  REGULATIONS  OPEN  SEASONS,
   20  HARVEST   AREAS,  SIZE  LIMITS,  CATCH  LIMITS,  MANNER  OF  TAKING  AND
   21  POSSESSION, TRANSPORTATION, IDENTIFICATION, SALE AND PERMIT REQUIREMENTS
   22  FOR SURF, SEA, HEN AND SKIMMER CLAMS (SPISULA SOLIDISSIMA, SPISULA POLY-
   23  NYMA) AND OCEAN QUAHOGS (ARCTICA ISLANDICA). SUCH REGULATION MAY PROVIDE
   24  FOR, BUT NOT BE LIMITED TO THE FOLLOWING:
   25    A. A DAILY CATCH LIMIT FOR SURF CLAMS  NOT  TO  EXCEED  EIGHT  HUNDRED
   26  NINETY-SIX  BUSHELS  OR  TWENTY-EIGHT CAGES PER VESSEL AND A DAILY CATCH
   27  LIMIT FOR OCEAN QUAHOGS NOT TO EXCEED EIGHT HUNDRED  NINETY-SIX  BUSHELS
   28  OR TWENTY-EIGHT CAGES PER VESSEL, REGARDLESS OF THE NUMBER OF PERMITTEES
   29  ABOARD SUCH VESSEL;
   30    B.  REQUIREMENTS  WITH  RESPECT TO NUMBER OF VESSELS WHICH MAY PARTIC-
   31  IPATE IN THE SURF CLAM AND OCEAN QUAHOG FISHERY;
   32    C. LIMITATIONS ON HARVEST WITHIN SPECIFIED PERIODS OF  TIME,  SUCH  AS
   33  WEEKLY  AND DAILY HARVEST LIMITS, DESIGNED TO MINIMIZE THE NUMBER OF AND
   34  THE DURATION OF CLOSURES;
   35    D. QUALIFICATION OF APPLICANTS AND VESSELS TO PARTICIPATE IN THE  SURF
   36  CLAM AND OCEAN QUAHOG FISHERY;
   37    E.  THE REGULATIONS SHALL TAKE INTO CONSIDERATION AND ATTEMPT TO MAIN-
   38  TAIN THE ECONOMIC VIABILITY OF THOSE PORTIONS OF THE SURF CLAM  HARVEST-
   39  ING  AND  PROCESSING INDUSTRY THAT HAVE A LONGSTANDING INVESTMENT IN THE
   40  DOMESTIC SURF CLAM INDUSTRY; AND
   41    F. THE REGULATIONS SHALL TAKE INTO CONSIDERATION AND ATTEMPT TO  MAIN-
   42  TAIN  THE  ECONOMIC  VIABILITY  OF  THE TRADITIONAL ESTABLISHED NEW YORK
   43  BASED COMMERCIAL SURF CLAM/OCEAN QUAHOG HARVESTING INDUSTRY,  PROCESSORS
   44  AND PACKERS THAT RELY ON THIS FISHERY.
   45    13. POSSESSION OF SHELLFISH ON A VESSEL EQUIPPED WITH A DREDGE, SCRAPE
   46  OR  OTHER  DEVICE  OPERATED  BY  POWER AND CAPABLE OF BEING USED FOR THE
   47  TAKING OF SHELLFISH, EXCEPT A SCALLOP DREDGE AS DEFINED IN  PARAGRAPH  E
   48  OF  SUBDIVISION THREE OF THIS SECTION, IS PRESUMPTIVE EVIDENCE THAT SUCH
   49  SHELLFISH WERE TAKEN BY THE USE OF SUCH DREDGE, SCRAPE OR OTHER DEVICE.
   50    14. THE DEPARTMENT, UNTIL APRIL FIRST, TWO THOUSAND  SEVENTEEN,  SHALL
   51  BE  ENTITLED  TO  COLLECT FIFTEEN CENTS PER BUSHEL OF SURF CLAMS AND TEN
   52  CENTS PER BUSHEL OF OCEAN QUAHOGS TAKEN FROM ALL CERTIFIED WATERS TO  BE
   53  DEPOSITED  IN  THE SURF CLAM/OCEAN QUAHOG ACCOUNT AS PROVIDED IN SECTION
   54  EIGHTY-THREE OF THE STATE FINANCE LAW.
   55    15. UNLESS AND UNTIL REGULATIONS ARE ADOPTED IMPLEMENTING A COMPREHEN-
   56  SIVE LONG-TERM MANAGEMENT PLAN FOR THE  PROTECTION  OF  SURF  CLAMS  AND
       S. 3057                             8
    1  OCEAN QUAHOGS IN NEW YORK WATERS, THE FOLLOWING RESTRICTIONS SHALL APPLY
    2  IN ADDITION TO ANY CONSISTENT REGULATIONS ADOPTED PRIOR TO THE DATE UPON
    3  WHICH SUCH SECTION SHALL TAKE EFFECT:
    4    A. A WEEKLY CATCH LIMIT NOT TO EXCEED TWENTY-EIGHT CAGES;
    5    B. AN ANNUAL CATCH LIMIT IN CERTIFIED WATERS OF THE ATLANTIC OCEAN FOR
    6  SURF CLAMS NOT TO EXCEED FIVE HUNDRED THOUSAND BUSHELS IN THE AGGREGATE;
    7    C.  AN  ANNUAL CATCH LIMIT IN CERTIFIED WATERS OTHER THAN THE ATLANTIC
    8  OCEAN FOR SURF CLAMS NOT TO EXCEED FIFTY THOUSAND BUSHELS IN THE  AGGRE-
    9  GATE; AND
   10    D.  REQUIRING  PERMITTEES  TO  REPORT  ON A WEEKLY BASIS THE NUMBER OF
   11  BUSHELS HARVESTED IN THE PREVIOUS SEVEN DAY PERIOD, AND PROVIDE THAT THE
   12  FAILURE TO FILE SUCH WEEKLY REPORT MAY RESULT IN THE REVOCATION OF  SUCH
   13  PERSON'S PERMIT BY THE DEPARTMENT.
   14    S 96-Z-47. SHELLFISH  GROWERS;  DEFINITION; BED PERMIT.  1. ANY PERSON
   15  RESIDENT IN THIS STATE ONE YEAR OR MORE MAY ENGAGE  IN  THE  CULTIVATION
   16  AND  MARKETING OF SHELLFISH SUBJECT TO THE PROVISIONS OF SECTION 13-0307
   17  OF THE ENVIRONMENTAL CONSERVATION LAW, AND SECTIONS 96-Z-42, 96-Z-46 AND
   18  96-Z-48 OF THIS ARTICLE AND SHALL BE KNOWN AS A GROWER.
   19    2. A GROWER SHALL NOT TAKE SHELLFISH, FOR SHIPPING OR  MARKETING  FROM
   20  LANDS  OWNED,  LEASED  OR RENTED BY HIM OR HER EXCEPT UPON PERMIT OF THE
   21  DEPARTMENT WHICH SHALL CERTIFY THAT  SUCH  LANDS  LIE  WITHIN  CERTIFIED
   22  AREAS.  THE DEPARTMENT SHALL PRESCRIBE AND FURNISH FORMS FOR APPLICATION
   23  FOR SUCH PERMITS.
   24    3. THE FEE FOR SUCH PERMIT SHALL BE TWENTY-FIVE CENTS  FOR  EACH  ACRE
   25  FROM  WHICH SHELLFISH ARE TO BE TAKEN; PROVIDED, HOWEVER, THAT THE MINI-
   26  MUM FEE SHALL BE FIVE DOLLARS. SUCH CERTIFICATES SHALL EXPIRE ON  DECEM-
   27  BER THIRTY-FIRST OF THE YEAR OF ISSUE.
   28    4. IF IT APPEARS IN THE PUBLIC INTEREST, THE DEPARTMENT MAY SUSPEND OR
   29  CANCEL ANY SUCH PERMIT.
   30    5.  WHERE  LANDS FOR WHICH SUCH PERMIT HAS BEEN ISSUED ARE FOUND TO BE
   31  IN PART WITHIN AN UNCERTIFIED AREA, THE DEPARTMENT SHALL  ISSUE  WITHOUT
   32  FEE, A NEW PERMIT COVERING THE REMAINING PORTION OF SUCH LANDS.
   33    6.  IN  CASE  OF  ASSIGNMENT OR TRANSFER OF RIGHTS OR OWNERSHIP OF ANY
   34  PRIVATE OR LEASED LANDS UNDER WATER, OR  PARTS  THEREOF,  A  NEW  PERMIT
   35  SHALL BE REQUIRED.
   36    S 96-Z-47-A. SHELLFISH  SHIPPER'S AND PROCESSOR'S PERMIT.  1. PRIOR TO
   37  THE PROCESSING, TRANSPORTATION  OR  SHIPMENT  OF  SHELLFISH,  EITHER  IN
   38  INTRA-STATE  OR  INTER-STATE  COMMERCE,  AN  APPROPRIATE PERMIT TO DO SO
   39  SHALL BE OBTAINED FROM THE DEPARTMENT. SUCH PERMIT SHALL BE REQUIRED  OF
   40  ALL SHIPPERS AND DEALERS IN FRESH AND FROZEN SHELLFISH WITHIN THE STATE,
   41  EXCEPT  RETAIL  DEALERS,  AND  SHALL CERTIFY THAT THE HOLDER THEREOF HAS
   42  COMPLIED WITH ALL THE REQUIREMENTS OF SECTIONS 96-Z-42, 96-Z-46, 96-Z-47
   43  AND 96-Z-48 OF  THIS  ARTICLE,  SECTION  13-0317  OF  THE  ENVIRONMENTAL
   44  CONSERVATION LAW, AND RULES AND REGULATIONS ADOPTED PURSUANT THERETO.
   45    2.  A  SHELLFISH  SHIPPER'S  AND/OR PROCESSOR'S PERMIT SHALL BE ISSUED
   46  ONLY TO A PERSON EIGHTEEN YEARS OR OLDER. THE DEPARTMENT SHALL PRESCRIBE
   47  AND FURNISH FORMS FOR APPLICATION FOR SUCH PERMIT.
   48    3. APPLICANTS SHALL PAY, AND  THE  DEPARTMENT  SHALL  BE  ENTITLED  TO
   49  RECEIVE, FEES ACCORDING TO THE TYPE OF PERMIT ISSUED, AS FOLLOWS:
   50    A.  CLASS A PERMIT. THIS PERMIT SHALL ALLOW THE HOLDER THEREOF AND ANY
   51  PERSON IN THE EMPLOY OF THE PERMIT  HOLDER,  IN  ACCORDANCE  WITH  REGU-
   52  LATIONS  ADOPTED  PURSUANT  TO  SECTION 96-Z-42 OF THIS ARTICLE, TO: (I)
   53  RESHIP SHELLFISH PREVIOUSLY SHIPPED BY THE HOLDER OF A CLASS A, B, C,  D
   54  OR E PERMIT ISSUED PURSUANT TO THIS SECTION, OR SIMILAR PERMIT ISSUED BY
   55  THE  SHELLFISH  SANITATION  CONTROL  AGENCY  OF ANOTHER STATE OR FOREIGN
   56  COUNTRY; (II) PACK OR REPACK SHELLSTOCK RECEIVED FROM THE  HOLDER  OF  A
       S. 3057                             9
    1  DIGGER'S  PERMIT,  PURSUANT TO SECTION 96-Z-48 OF THIS ARTICLE; OR (III)
    2  PACK OR REPACK SHELLSTOCK FROM THE HOLDER OF A CLASS A, B,  C,  D  OR  E
    3  PERMIT  ISSUED PURSUANT TO THIS SECTION, OR SIMILAR PERMIT ISSUED BY THE
    4  SHELLFISH SANITATION CONTROL AGENCY OF ANOTHER STATE OR FOREIGN COUNTRY.
    5  THE FEE FOR A CLASS A PERMIT SHALL BE THREE HUNDRED DOLLARS.
    6    B.  CLASS B PERMIT. THIS PERMIT SHALL ALLOW THE HOLDER THEREOF AND ANY
    7  PERSON IN THE EMPLOY OF THE PERMIT HOLDER TO ENGAGE  IN  THE  ACTIVITIES
    8  AUTHORIZED  BY  A  CLASS  A  PERMIT, AS DESCRIBED IN PARAGRAPH A OF THIS
    9  SUBDIVISION, AND TO OTHERWISE PROCESS SHELLFISH AS AUTHORIZED  BY  REGU-
   10  LATIONS ADOPTED PURSUANT TO SECTION 96-Z-42 OF THIS ARTICLE. THE FEE FOR
   11  A CLASS B PERMIT SHALL BE SIX HUNDRED DOLLARS.
   12    C.  CLASS C PERMIT. THIS PERMIT SHALL ALLOW THE HOLDER THEREOF AND ANY
   13  PERSON IN THE EMPLOY OF THE PERMIT  HOLDER,  IN  ACCORDANCE  WITH  REGU-
   14  LATIONS  ADOPTED  PURSUANT TO SECTION 96-Z-42 OF THIS ARTICLE, TO RESHIP
   15  SHELLFISH PREVIOUSLY SHIPPED BY THE HOLDER OF A CLASS A, B, C,  D  OR  E
   16  PERMIT  ISSUED PURSUANT TO THIS SECTION, OR SIMILAR PERMIT ISSUED BY THE
   17  SHELLFISH SANITATION CONTROL AGENCY OF ANOTHER STATE OR FOREIGN COUNTRY.
   18  THE FEE FOR A CLASS C PERMIT SHALL BE TWO HUNDRED DOLLARS.
   19    D. CLASS D PERMIT. THIS PERMIT SHALL  ALLOW  THE  HOLDER  THEREOF,  IN
   20  ACCORDANCE  WITH REGULATIONS ADOPTED PURSUANT TO SECTION 96-Z-42 OF THIS
   21  ARTICLE, TO SHIP SHELLSTOCK WHICH THE HOLDER HAS LEGALLY HARVESTED  FROM
   22  SHELLFISH  LANDS  OF  THE  STATE.  THE FEE FOR A CLASS D PERMIT SHALL BE
   23  SEVENTY-FIVE DOLLARS.
   24    E. CLASS E PERMIT. THIS PERMIT SHALL ALLOW THE HOLDER THEREOF, MEMBERS
   25  OF THE PERMIT HOLDER'S IMMEDIATE FAMILY AND NOT MORE THAN TWO  EMPLOYEES
   26  OF THE PERMIT HOLDER, IN ACCORDANCE WITH REGULATIONS ADOPTED PURSUANT TO
   27  SECTION  96-Z-42  OF  THIS ARTICLE, TO SHUCK AND PACK BAY SCALLOPS WHICH
   28  HAVE BEEN RECEIVED FROM THE HOLDER OF A  DIGGER'S  PERMIT,  PURSUANT  TO
   29  SECTION  96-Z-48  OF THIS ARTICLE, AND TO SHIP SUCH SCALLOPS IN THE FORM
   30  OF FRESH SHUCKED STOCK ONLY IN INTRASTATE COMMERCE. THE FEE FOR A  CLASS
   31  E PERMIT SHALL BE FIFTY DOLLARS.
   32    F.  ALL  PERMITS  ISSUED  PURSUANT TO THIS SECTION SHALL EXPIRE ON THE
   33  THIRTY-FIRST OF DECEMBER OF  THE  YEAR  OF  ISSUE.  THE  DEPARTMENT  MAY
   34  SUSPEND  OR  REVOKE ANY SUCH PERMIT AT ANY TIME ON FAILURE OF THE HOLDER
   35  THEREOF TO COMPLY WITH THE CONDITIONS THEREOF.
   36    S 96-Z-48. DIGGER'S PERMIT TO TAKE SHELLFISH FOR COMMERCIAL  PURPOSES;
   37  WHEN  NOT  REQUIRED.    1.  SUBJECT TO THE PROVISIONS OF THIS ARTICLE, A
   38  PERSON MAY TAKE SHELLFISH FROM  UNDER  WATER  LANDS  IN  THE  STATE  FOR
   39  COMMERCIAL  PURPOSES,  INCLUDING THE CULLING, SORTING OR TAGGING OF SUCH
   40  SHELLFISH, ONLY UPON FIRST OBTAINING A DIGGER'S PERMIT FROM THE  DEPART-
   41  MENT,  PROVIDED,  HOWEVER,  THAT  THE  APPLICATION  FOR SUCH PERMIT BY A
   42  PERSON SIXTEEN YEARS OF AGE OR UNDER SHALL BE SIGNED BY  HIS  PARENT  OR
   43  LEGAL GUARDIAN, WHO SHALL THEREBY CONSENT TO THE ISSUANCE OF THE PERMIT.
   44    2.  THE  DEPARTMENT  SHALL PRESCRIBE AND FURNISH FORMS FOR APPLICATION
   45  FOR SUCH PERMIT.
   46    3. THE FEE FOR SUCH PERMIT SHALL BE FIFTY DOLLARS FOR A  PERSON  DOMI-
   47  CILED  WITHIN  THE  STATE.  THE FEE FOR PERSONS NOT DOMICILED WITHIN THE
   48  STATE SHALL BE ONE HUNDRED FIFTY DOLLARS. SUCH PERMIT  SHALL  EXPIRE  ON
   49  DECEMBER  THIRTY-FIRST OF THE YEAR OF ISSUE. IF IT APPEARS IN THE PUBLIC
   50  INTEREST, THE DEPARTMENT MAY, AFTER HEARING HELD ON  TEN  DAYS'  NOTICE,
   51  SUSPEND  OR CANCEL SUCH PERMITS, EXCEPT THAT IN CASE OF A TAKING FROM AN
   52  UNCERTIFIED AREA SUCH SUSPENSION OR CANCELLATION MAY  BE  WITHOUT  PRIOR
   53  NOTICE.
   54    4.  THE HOLDER OF SUCH PERMIT SHALL NOT SHIP OR SELL SHELLFISH, EXCEPT
   55  TO A HOLDER OF A VALID CLASS A, B, OR E SHIPPER'S PERMIT, ISSUED  PURSU-
   56  ANT TO SECTION 96-Z-47-A OF THIS ARTICLE, WHO HAS A PLACE OF BUSINESS IN
       S. 3057                            10
    1  THE  COUNTY  OF  NASSAU  OR SUFFOLK, WITHOUT FIRST OBTAINING A SHIPPER'S
    2  PERMIT AS PROVIDED IN SUBDIVISION ONE OF SECTION 96-Z-47-A OF THIS ARTI-
    3  CLE.
    4    5.  SUBJECT  TO  THE PROVISIONS OF THIS ARTICLE, A PERSON MAY, WITHOUT
    5  PERMIT, TAKE NOT MORE THAN A TOTAL OF FOUR PECKS (ONE BUSHEL) OF SHELLF-
    6  ISH OTHER THAN BAY SCALLOPS AND NOT MORE THAN FOUR PECKS OF BAY SCALLOPS
    7  (ARGOPECTEN IRRADIANS) IN ANY ONE DAY FOR THE USE OF SUCH PERSON OR SUCH
    8  PERSON'S FAMILY. WITHIN THE ONE BUSHEL TOTAL  LIMIT  OF  SPECIES,  OTHER
    9  THAN  BAY SCALLOPS, WHICH MAY BE TAKEN IN ONE DAY THE FOLLOWING SPECIES-
   10  SPECIFIC LIMITS SHALL APPLY:
   11    A. HARD CLAMS (MERCENARIA MERCENARIA). NOT MORE THAN ONE HUNDRED INDI-
   12  VIDUAL ORGANISMS.
   13    B. BLUE MUSSELS (MYTILUS EDULIS). NOT MORE THAN TWO PECKS.
   14    C. OYSTERS (CRASSOSTREA VIRGINICA). NOT MORE THAN TWO PECKS.
   15    D. SOFT CLAMS (MYA ARENARIA). NOT MORE THAN TWO PECKS.
   16    6. THE HOLDER OF SUCH DIGGER'S PERMIT SHALL CARRY THE PERMIT  ASSIGNED
   17  TO  SUCH HOLDER WHILE ENGAGED IN THE PERMITTED ACTIVITIES, AND THE FAIL-
   18  URE BY SUCH HOLDER TO EXHIBIT THE PERMIT  TO  ANY  SHELLFISH  INSPECTOR,
   19  ENVIRONMENTAL  CONSERVATION  OFFICER,  HEALTH  OFFICIAL,  PEACE OFFICER,
   20  ACTING PURSUANT TO SUCH OFFICERS'  SPECIAL  DUTIES,  POLICE  OFFICER  OR
   21  MAGISTRATE  SHALL  BE PRESUMPTIVE EVIDENCE THAT NO VALID DIGGER'S PERMIT
   22  HAS BEEN ISSUED TO THE PERSON WHO FAILS TO PRODUCE SUCH PERMIT.
   23    7. NO PERSON SHALL TAKE SHELLFISH OR ASSIST ANOTHER IN THE  TAKING  OF
   24  SHELLFISH  IN ANY QUANTITY, INCLUDING THE CULLING, SORTING OR TAGGING OF
   25  SUCH SHELLFISH, DURING THE TIME THAT SUCH PERSON'S DIGGER'S PERMIT PRIV-
   26  ILEGES HAVE BEEN REVOKED OR SUSPENDED.
   27    8. ENDORSED VESSELS. A. UPON APPLICATION TO THE  DEPARTMENT  ON  FORMS
   28  FURNISHED BY THE DEPARTMENT, A SHELLFISH DIGGER'S PERMIT MAY BE ENDORSED
   29  FOR  USE  ON  A  VESSEL,  IN  WHICH CASE SUCH PERMIT SHALL AUTHORIZE ALL
   30  PERSONS ON BOARD SUCH VESSEL TO ENGAGE  IN  THE  TAKING  OF  HARD  CLAMS
   31  (MERCENARIA  MERCENARIA)  AND OYSTERS (CRASSOSTREA VIRGINICA), INCLUDING
   32  THE CULLING, SORTING, AND TAGGING OF SUCH  SHELLFISH.  EACH  APPLICATION
   33  SHALL  INCLUDE  A  COPY  OF  ONE  OF THE FOLLOWING DOCUMENTS AS PROOF OF
   34  VESSEL LENGTH: THE CERTIFICATE OF DOCUMENTATION FOR THE VESSEL ISSUED BY
   35  THE UNITED STATES GOVERNMENT, OR THE REGISTRATION FOR THE VESSEL  ISSUED
   36  BY ANY STATE GOVERNMENT WITHIN THE UNITED STATES.
   37    B. THE FEE FOR ENDORSING A SHELLFISH DIGGER'S PERMIT TO A VESSEL SHALL
   38  BE  FIFTY  DOLLARS FOR A VESSEL THAT IS FORTY FEET OR LESS IN REGISTERED
   39  LENGTH, AND ONE HUNDRED DOLLARS FOR A VESSEL THAT IS GREATER THAN  FORTY
   40  FEET  IN  REGISTERED LENGTH. SUCH FEE SHALL BE IN ADDITION TO THE PERMIT
   41  FEE PROVIDED FOR IN SUBDIVISION THREE OF THIS SECTION.
   42    C. NOT MORE THAN ONE RAKE, TONG OR OTHER SHELLFISH  HARVESTING  DEVICE
   43  SHALL BE USED FOR THE TAKING OF HARD CLAMS AND OYSTERS AT ANY GIVEN TIME
   44  PURSUANT TO A DIGGER'S PERMIT WHICH HAS BEEN ENDORSED TO A VESSEL.
   45    D.  A  SHELLFISH  DIGGER'S  PERMIT WHICH HAS BEEN ENDORSED TO A VESSEL
   46  SHALL NOT COVER ANY PERSON WHOSE SHELLFISH  DIGGER'S  PERMIT  PRIVILEGES
   47  HAVE BEEN REVOKED OR SUSPENDED.
   48    E.  THE  HOLDER OF A SHELLFISH DIGGER'S PERMIT WHICH HAS BEEN ENDORSED
   49  TO A VESSEL SHALL BE ON BOARD SUCH VESSEL AT ALL TIMES WHEN  THE  VESSEL
   50  IS BEING USED FOR THE TAKING OF HARD CLAMS AND OYSTERS.
   51    S 96-Z-49. TAKING  AND  IMPORTATION OF SHELLFISH FOR TRANSPLANTING AND
   52  OTHER PURPOSES.  1. SHELLFISH MAY BE TAKEN  FROM  UNCERTIFIED  SHELLFISH
   53  LANDS  FOR  TRANSPLANTING  OR  OTHER PURPOSES AS THE DEPARTMENT MAY DEEM
   54  ADVISABLE SUBJECT TO SUPERVISION AND REGULATION AS PROVIDED  IN  SECTION
   55  96-Z-42 OF THIS ARTICLE.
       S. 3057                            11
    1    2.  PRIOR TO THE TAKING FROM UNCERTIFIED SHELLFISH LANDS OF THIS STATE
    2  FOR TRANSPLANTING OR OTHER PURPOSES, A PERMIT SHALL BE OBTAINED FROM THE
    3  DEPARTMENT AND SHALL BE ISSUED  FOR  THE  TAKING  OF  SHELLFISH  FROM  A
    4  SPECIFIC  AREA.  SUCH  PERMIT  SHALL  BE VALID ONLY DURING THE PERIOD OF
    5  OPERATIONS  IN THE UNCERTIFIED LAND FOR WHICH THE PERMIT WAS ISSUED. THE
    6  HOLDER OF SUCH PERMIT MAY NOT RECEIVE, SELL, OFFER FOR SALE,  TRANSPORT,
    7  OR  SHIP ANY SHELLFISH TAKEN PURSUANT TO THIS PERMIT, EXCEPT AS PROVIDED
    8  BY REGULATIONS MADE PURSUANT TO SECTION 96-Z-42 OF THIS ARTICLE.
    9    3. SHELLFISH FROM CERTIFIED OR UNCERTIFIED  LANDS  WITHOUT  THE  STATE
   10  SHALL  NOT BE TRANSPLANTED IN THIS STATE OR IMPORTED INTO THIS STATE FOR
   11  SUCH PURPOSES UNLESS A  PERMIT  THEREFOR  HAS  BEEN  OBTAINED  FROM  THE
   12  DEPARTMENT.
   13    S 96-Z-50. OYSTERS; PROHIBITED ACTS.  1. NO PERSON SHALL SELL OR OFFER
   14  FOR SALE, ANY OYSTERS, OR LABEL OR BRAND ANY PACKAGES CONTAINING OYSTERS
   15  FOR  SHIPMENT  OR  SALE UNDER THE NAME OF BLUE POINT OYSTERS, OTHER THAN
   16  OYSTERS WHICH HAVE BEEN PLANTED AND CULTIVATED AT LEAST THREE MONTHS  IN
   17  THE WATERS OF GREAT SOUTH BAY.
   18    2.  IN NO CASE SHALL OYSTERS OTHER THAN THE SPECIES CRASSOSTREA VIRGI-
   19  NICA BE PLANTED OR TRANSPLANTED IN NEW YORK WATERS WITHOUT  PROCURING  A
   20  PERMIT FROM THE DEPARTMENT.
   21    3.  THE  DEPARTMENT  MAY,  UNTIL  DECEMBER  THIRTY-FIRST, TWO THOUSAND
   22  SEVENTEEN, FIX BY REGULATION MEASURES  FOR  THE  MANAGEMENT  OF  OYSTERS
   23  (FAMILY  OSTREIDAE)  INCLUDING SIZE LIMITS, CATCH AND POSSESSION LIMITS,
   24  OPEN AND CLOSED SEASONS, CLOSED AREAS, RESTRICTIONS  ON  THE  MANNER  OF
   25  TAKING  AND  LANDING, REQUIREMENTS FOR PERMITS AND ELIGIBILITY THEREFOR,
   26  RECORDKEEPING  AND  IDENTIFICATION  REQUIREMENTS,  REQUIREMENTS  ON  THE
   27  AMOUNT AND TYPE OF FISHING EFFORT AND GEAR, AND REQUIREMENTS RELATING TO
   28  TRANSPORTATION,  POSSESSION AND SALE, PROVIDED THAT SUCH REGULATIONS ARE
   29  NO LESS RESTRICTIVE THAN REQUIREMENTS SET FORTH IN THIS ARTICLE  AND  IN
   30  THE ENVIRONMENTAL CONSERVATION LAW.
   31    S 96-Z-51. CLAMS;  PROHIBITED  ACTS.    1. EXCEPT FOR TRANSPLANTING AS
   32  PROVIDED IN SECTION 96-Z-49 OF  THIS  ARTICLE,  NO  PERSON  SHALL  TAKE,
   33  HARVEST,  POSSESS,  SELL,  OFFER  FOR  SALE OR OTHERWISE TRAFFIC IN HARD
   34  CLAMS (MERCENARIA MERCENARIA) MEASURING LESS THAN ONE INCH IN THICKNESS.
   35    2. HARD CLAMS LESS THAN ONE INCH IN THICKNESS MAY BE TAKEN BY  SHELLF-
   36  ISH  GROWERS  FROM LEASED OR PRIVATELY OWNED LANDS OTHER THAN TOWN LANDS
   37  CURRENTLY UNDER CULTIVATION BY THE GROWER  FOR  TRANSPLANTING  TO  OTHER
   38  SUCH LANDS BEING CULTIVATED BY THE SAME GROWER, AND IMPORTED FROM ANOTH-
   39  ER STATE BY A SHELLFISH GROWER FOR TRANSPLANTING TO PUBLIC OR PRIVATE OR
   40  LEASED  LANDS  UNDER  CULTIVATION,  PROVIDED  A PERMIT FOR EACH SEPARATE
   41  TRANSPLANTING  OPERATION  IS  ISSUED  BY  THE  DEPARTMENT   SUBJECT   TO
   42  PROVISIONS OF SECTIONS 96-Z-42 AND 96-Z-49 OF THIS ARTICLE.  THE PERMIT,
   43  PROVIDING  FOR TRANSPLANTING HARD CLAMS LESS THAN ONE INCH IN THICKNESS,
   44  SHALL BE ISSUED WITHOUT FEE. SUCH CLAMS SHALL NOT BE  TRANSPORTED  TO  A
   45  POINT WITHOUT THE STATE.
   46    3.  SOFT  OR  STEAMER  CLAMS (MYA ARENARIA) LESS THAN ONE AND ONE-HALF
   47  INCHES IN THE LONGEST DIAMETER SHALL NOT BE  TAKEN,  POSSESSED,  BOUGHT,
   48  SOLD OR OTHERWISE TRAFFICKED IN.
   49    4.  A.  SURF,  SEA, HEN OR SKIMMER CLAMS (SPISULA SOLIDISSIMA; SPISULA
   50  POLYNYMA) LESS THAN THREE INCHES IN THE LONGEST DIAMETER  SHALL  NOT  BE
   51  TAKEN,  POSSESSED,  BOUGHT,  SOLD OR OTHERWISE TRAFFICKED IN EXCEPT THAT
   52  SUCH CLAMS LESS THAN FOUR INCHES IN THE LONGEST DIAMETER  SHALL  NOT  BE
   53  TAKEN FROM THE WATERS OF THE ATLANTIC OCEAN FOR USE AS FOOD.
   54    B.  ALL  SURF,  SEA, HEN OR SKIMMER CLAMS AND OCEAN QUAHOGS TAKEN FROM
   55  THE WATERS OF THE MARINE AND COASTAL DISTRICT SHALL  BE  LANDED  IN  THE
   56  STATE OF NEW YORK.
       S. 3057                            12
    1    C.  BOATS  OF  NONRESIDENTS  MAY BE LICENSED TO TAKE SURF, SEA, HEN OR
    2  SKIMMER CLAMS AND OCEAN QUAHOGS FROM THE WATERS OF  THE  ATLANTIC  OCEAN
    3  WITHIN THE MARINE AND COASTAL DISTRICT IN ACCORDANCE WITH PARAGRAPH C OF
    4  SUBDIVISION  THREE OF SECTION 96-Z-46 OF THIS ARTICLE, PROVIDED THAT THE
    5  BOAT  IS  REGISTERED IN A STATE WHICH ACCORDS RECIPROCAL CLAMMING PRIVI-
    6  LEGES TO RESIDENTS OF THIS STATE AND PROVIDED THAT THE OWNER IS A  CITI-
    7  ZEN  OF THE UNITED STATES AND A RESIDENT OF A STATE ACCORDING RECIPROCAL
    8  PRIVILEGES TO RESIDENTS OF THIS STATE. THE LICENSE SHALL  BE  ISSUED  IN
    9  THE  NAME  OF  THE  BOAT AND SHALL BE ON BOARD DURING ALL LICENSED OPER-
   10  ATIONS. THE FEE FOR SAID LICENSE SHALL BE FIVE HUNDRED DOLLARS PER BOAT.
   11  EACH LICENSE SHALL EXPIRE ON  THE  THIRTY-FIRST  DAY  OF  DECEMBER  NEXT
   12  SUCCEEDING  ITS  ISSUE,  AND  IF  IT  APPEARS IN THE PUBLIC INTEREST THE
   13  DEPARTMENT MAY SUSPEND OR CANCEL SUCH LICENSE ON  TEN  DAYS'  NOTICE  IN
   14  WRITING  TO  THE HOLDER THEREOF, EXCEPT THAT IN CASE OF A TAKING FROM AN
   15  UNCERTIFIED AREA, SUCH SUSPENSION OR CANCELLATION MAY BE  WITHOUT  PRIOR
   16  NOTICE.
   17    D.  ANY INDIVIDUAL, WHILE PARTICIPATING IN THE OPERATION OF A LICENSED
   18  BOAT, SHALL BE EXEMPT FROM THE REQUIREMENTS OF SECTION 96-Z-48  OF  THIS
   19  ARTICLE  BUT SHALL NOT SHIP OR SELL SHELLFISH TAKEN BY SUCH BOAT WITHOUT
   20  FIRST OBTAINING A SHELLFISH SHIPPER'S PERMIT AS PROVIDED FOR IN  SECTION
   21  96-Z-47-A OF THIS ARTICLE.
   22    5. CLAMS SHALL BE CULLED WHEN TAKEN IN ACCORDANCE WITH RULES AND REGU-
   23  LATIONS  PROMULGATED  BY THE COMMISSIONER. CLAMS WHICH MAY NOT BE TAKEN,
   24  POSSESSED, OFFERED FOR SALE, SOLD OR OTHERWISE TRAFFICKED IN PURSUANT TO
   25  THE PROVISIONS OF SUBDIVISION ONE, THREE OR FOUR  OF  THIS  SECTION  MAY
   26  COMPOSE  NOT  TO  EXCEED  THREE  PER  CENTUM  OF  ANY BUSHEL, PACKAGE OR
   27  CONTAINER, WHEN UNAVOIDABLY TAKEN. SUCH THREE PER CENTUM SHALL BE DETER-
   28  MINED BY THE MEASUREMENT OF ANY BUSHEL, OR OTHER PACKAGE OR CONTAINER OF
   29  DIFFERENT MEASUREMENT OF CLAMS TAKEN FROM THE CATCH OR IN THE POSSESSION
   30  OF THE PERSON OFFERING THE SAME FOR SALE.
   31    6. EACH BUSHEL, OR OTHER PACKAGE OR CONTAINER OF DIFFERENT MEASUREMENT
   32  CONTAINING AN EXCESS OF THREE PER CENTUM  OF  CLAMS  WHICH  MAY  NOT  BE
   33  TAKEN,  POSSESSED,  OFFERED  FOR  SALE,  SOLD OR OTHERWISE TRAFFICKED IN
   34  PURSUANT TO THE PROVISIONS OF SUBDIVISION ONE, THREE  OR  FOUR  OF  THIS
   35  SECTION DETERMINED BY COUNT SHALL CONSTITUTE A SEPARATE VIOLATION.
   36    7. IT SHALL BE UNLAWFUL TO KNOWINGLY:
   37    A. TRANSPORT, CONCEAL OR CONVEY HARD SHELL CLAMS OBTAINED OR POSSESSED
   38  IN  CONTRAVENTION OF THE PROVISIONS OF THIS ARTICLE IN, UPON OR BY MEANS
   39  OF ANY VEHICLE, VESSEL OR AIRCRAFT; OR
   40    B. CONCEAL OR POSSESS  HARD  SHELL  CLAMS  OBTAINED  OR  POSSESSED  IN
   41  CONTRAVENTION  OF THE PROVISIONS OF THIS ARTICLE IN OR UPON ANY VEHICLE,
   42  VESSEL OR AIRCRAFT.
   43    8. THE DEPARTMENT MAY, UNTIL DECEMBER THIRTY-FIRST, TWO THOUSAND EIGH-
   44  TEEN, ADOPT BY REGULATION MEASURES FOR  THE  MANAGEMENT  OF  HARD  CLAMS
   45  (MERCENARIA MERCENARIA), SOFT OR STEAMER CLAMS (MYA ARENARIA), AND RAZOR
   46  CLAMS  (ENSIS  SP.), INCLUDING SIZE LIMITS, CATCH AND POSSESSION LIMITS,
   47  OPEN AND CLOSED SEASONS, CLOSED AREAS, RESTRICTIONS  ON  THE  MANNER  OF
   48  TAKING  AND  LANDING, REQUIREMENTS FOR PERMITS AND ELIGIBILITY THEREFOR,
   49  RECORDKEEPING  AND  IDENTIFICATION  REQUIREMENTS,  REQUIREMENTS  ON  THE
   50  AMOUNT AND TYPE OF FISHING EFFORT AND GEAR, AND REQUIREMENTS RELATING TO
   51  TRANSPORTATION,  POSSESSION AND SALE, PROVIDED THAT SUCH REGULATIONS ARE
   52  NO LESS RESTRICTIVE THAN REQUIREMENTS SET FORTH IN THIS ARTICLE  AND  IN
   53  THE ENVIRONMENTAL CONSERVATION LAW.
   54    S  96-Z-52.  SCALLOPS;  PROHIBITED  ACTS.    THE DEPARTMENT MAY, UNTIL
   55  DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHTEEN, ADOPT BY REGULATION  MEAS-
   56  URES  FOR  THE MANAGEMENT OF SCALLOPS (FAMILY PECTINIDAE) INCLUDING SIZE
       S. 3057                            13
    1  LIMITS, CATCH AND POSSESSION LIMITS, OPEN  AND  CLOSED  SEASONS,  CLOSED
    2  AREAS,  RESTRICTIONS  ON  THE MANNER OF TAKING AND LANDING, REQUIREMENTS
    3  FOR PERMITS AND ELIGIBILITY THEREFOR, RECORDKEEPING  AND  IDENTIFICATION
    4  REQUIREMENTS,  REQUIREMENTS ON THE AMOUNT AND TYPE OF FISHING EFFORT AND
    5  GEAR, AND REQUIREMENTS RELATING TO TRANSPORTATION, POSSESSION AND  SALE,
    6  PROVIDED THAT SUCH REGULATIONS ARE NO LESS RESTRICTIVE THAN REQUIREMENTS
    7  SET FORTH IN THIS ARTICLE AND IN THE ENVIRONMENTAL CONSERVATION LAW.
    8    S  96-Z-53.  COMMERCIAL LICENSES; LIMITED ENTRY.  COMMERCIAL SHELLFISH
    9  LICENSES. COMMERCIAL SHELLFISH LICENSES SHALL BE ISSUED AS FOLLOWS:
   10    1. FOR THE NUMBER OF RESIDENTIAL COMMERCIAL SHELLFISH LICENSES AND THE
   11  NUMBER OF NON-RESIDENTIAL COMMERCIAL SHELLFISH LICENSES SHALL NOT EXCEED
   12  ONE THOUSAND;
   13    2. LICENSES SHALL BE ISSUED IN THE ORDER  IN  WHICH  THE  APPLICATIONS
   14  WERE RECEIVED;
   15    3. LICENSES MAY BE ISSUED TO INDIVIDUALS ONLY;
   16    4. LICENSES SHALL BE ISSUED TO APPLICANTS WHO ARE SIXTEEN YEARS OF AGE
   17  OR OLDER AT THE TIME OF THE APPLICATION; AND
   18    5.  LICENSES  SHALL  BE  ISSUED  ONLY  TO PERSONS WHO DEMONSTRATE IN A
   19  MANNER ACCEPTABLE TO THE DEPARTMENT THAT THEY RECEIVED AN AVERAGE OF  AT
   20  LEAST FIFTEEN THOUSAND DOLLARS OR MORE THAN FIFTY PERCENT OF THEIR ANNU-
   21  AL EARNED INCOME OVER THREE CONSECUTIVE YEARS FROM COMMERCIAL FISHING OR
   22  FISHING, OR WHO SUCCESSFULLY COMPLETE A COMMERCIAL SHELLFISH APPRENTICE-
   23  SHIP  PURSUANT  TO  SUBDIVISION SEVEN OF SECTION 13-0328 OF THE ENVIRON-
   24  MENTAL CONSERVATION LAW. AS USED IN THIS SUBDIVISION, "COMMERCIAL  FISH-
   25  ING"  MEANS  THE  TAKING  AND  SALE  OF MARINE RESOURCES INCLUDING FISH,
   26  SHELLFISH, CRUSTACEA OR OTHER MARINE BIOTA AND "FISHING"  MEANS  COMMER-
   27  CIAL  FISHING  AND CARRYING FISHING PASSENGERS FOR HIRE. INDIVIDUALS WHO
   28  WISH TO QUALIFY BASED ON INCOME FROM "FISHING" MUST HOLD A VALID  MARINE
   29  AND  COASTAL  DISTRICT  PARTY AND CHARTER BOAT LICENSE. NO MORE THAN TEN
   30  PERCENT OF THE LICENSES ISSUED EACH YEAR  BASED  ON  INCOME  ELIGIBILITY
   31  PURSUANT TO THIS SECTION SHALL BE ISSUED TO APPLICANTS WHO QUALIFY BASED
   32  SOLELY UPON INCOME DERIVED FROM OPERATION OF OR EMPLOYMENT BY A PARTY OR
   33  CHARTER BOAT.
   34    S  6.  Subdivision 5 of section 13-0303 of the environmental conserva-
   35  tion law is amended to read as follows:
   36    5. Franchises not transferable. Franchised lands under water held  for
   37  shellfish  cultivation  when returned to the state by default in payment
   38  of taxes may not be assigned, reassigned, or transferred to a new  owner
   39  or  owners.  Such  lands  may  be leased by the department for shellfish
   40  cultivation as provided in section [13-0301] 96-Z-44 OF THE  AGRICULTURE
   41  AND MARKETS LAW.
   42    S  7.  Subdivision 9 of section 71-0921 of the environmental conserva-
   43  tion law, as added by chapter 640 of the laws of  1977,  is  amended  to
   44  read as follows:
   45    9.  Failure  to  give the department the prompt notification [required
   46  under subdivision 10 of section 13-0301 of  this  chapter],  when  [the]
   47  specified buoys or markers are destroyed. Each such misdemeanor shall be
   48  punishable  by  imprisonment  for not more than one year or by a fine of
   49  not more than one thousand dollars, or by  both  such  imprisonment  and
   50  fine.
   51    S  8.  Subparagraphs (i) and (ii) of paragraph 2 of subdivision (a) of
   52  section 83 of the state finance law,  subparagraph  (i)  as  amended  by
   53  chapter  512  of  the  laws  of 1994 and subparagraph (ii) as amended by
   54  section 2 of part A of chapter 82 of the laws of 2002,  are  amended  to
   55  read as follows:
       S. 3057                            14
    1    (i)  Moneys  collected  pursuant  to  sections  [13-0301,  13-0311 and
    2  13-0315 of the environmental conservation law]  96-Z-44,  96-Z-47-A  AND
    3  96-Z-48  OF  THE AGRICULTURE AND MARKETS LAW and all fines and penalties
    4  collected pursuant to article seventy-one of  [such]  THE  ENVIRONMENTAL
    5  CONSERVATION  law for illegal acts relating to shellfish shall be depos-
    6  ited in a special account within the conservation fund, to be  known  as
    7  the  marine  resources account, and shall be available to the department
    8  of  environmental  conservation,  after  appropriation,  for  the  care,
    9  management,  protection  and  enlargement  of  marine fish and shellfish
   10  resources.
   11    (ii) Notwithstanding the provisions of subparagraph (i) of this  para-
   12  graph,  moneys arising out of the application of subdivision fourteen of
   13  section [13-0309 of the environmental conservation] 96-Z-46 OF THE AGRI-
   14  CULTURE AND MARKETS law, shall be deposited in a special account  within
   15  the  conservation  fund,  to  be  known  as  the  surf clam/ocean quahog
   16  account, and shall be  available  to  the  department  of  environmental
   17  conservation,  including  contracts  for  such  purposes with a New York
   18  state institution of higher education currently involved in local marine
   19  research, after appropriation, for the research and stock assessment  of
   20  surf clams and ocean quahogs. The department shall, at a minimum, under-
   21  take  two  stock assessments and issue reports detailing the findings of
   22  such assessments to  the  governor  and  legislature.  The  first  stock
   23  assessment  shall  be due no later than December thirty-first, two thou-
   24  sand two. The second stock assessment shall be due no later than  Decem-
   25  ber  thirty-first,  two thousand four, and shall be conducted in an area
   26  to be determined in consultation with the surf clam/ocean quahog manage-
   27  ment advisory board.
   28    S 9. Subparagraph 4 of paragraph f of subdivision 4 of section 71-0907
   29  of the environmental conservation law is amended to read as follows:
   30    (4) Any rakes, tongs, dredges, or device other than a boat or  vehicle
   31  used,  or  in possession for purpose of use, for the taking of shellfish
   32  in violation of subdivisions [1 or 2] ONE OR TWO  of  section  [13-0309]
   33  96-Z-46  OF  THE  AGRICULTURE AND MARKETS LAW.  For the purposes of this
   34  paragraph "device" includes a bird, dog, or other animal used in  or  as
   35  an  aid  in taking fish or wildlife, any jack light, spot light or other
   36  artificial light other than a headlight attached in proper position to a
   37  motor vehicle, any hunting appliance or apparatus  and  any  fishing  or
   38  netting  gear  or  tackle.    This paragraph does not limit any power of
   39  seizure pursuant to warrant.
   40    S 10. Subdivisions 4 and 5 of section  71-0921  of  the  environmental
   41  conservation  law, as added by chapter 417 of the laws of 1996, subpara-
   42  graph 9 of paragraph a of subdivision 4 and subparagraph 5 of  paragraph
   43  a of subdivision 5 as amended by chapter 41 of the laws of 2013, subpar-
   44  agraphs  2  and  3 of paragraph b of subdivision 4 as amended by chapter
   45  347 of the laws of 2007, are amended to read as follows:
   46    4. a. Violations of:
   47    (1) subdivision one of section [13-0309 of this  chapter]  96-Z-46  OF
   48  THE  AGRICULTURE  AND MARKETS LAW involving the taking of shellfish from
   49  uncertified shellfish lands, or the possession, transportation, sale  or
   50  trafficking in shellfish so taken;
   51    (2)  subdivision  two  of section [13-0309 of this chapter] 96-Z-46 OF
   52  THE AGRICULTURE AND  MARKETS  LAW  involving  the  taking  of  shellfish
   53  between sunset and sunrise;
   54    (3)  subdivision  ten  of section [13-0309 of this chapter] 96-Z-46 OF
   55  THE AGRICULTURE AND MARKETS LAW involving  the  possession  of  a  stick
       S. 3057                            15
    1  dredge after one prior conviction under such subdivision for such activ-
    2  ity;
    3    (4)  subdivision  one  of section [13-0311 of this chapter] 96-Z-48 OF
    4  THE AGRICULTURE AND MARKETS LAW involving the taking of shellfish  with-
    5  out the required digger's permit;
    6    (5)  subdivision seven of section [13-0311 of this chapter] 96-Z-48 OF
    7  THE AGRICULTURE AND MARKETS LAW involving the taking of shellfish  while
    8  one's digger's permit is suspended or revoked;
    9    (6)  subdivision one of section [13-0315 of this chapter] 96-Z-47-A OF
   10  THE AGRICULTURE AND MARKETS LAW involving  the  processing,  transporta-
   11  tion,  shipment  or  sale of shellfish without the required shipper's or
   12  processor's permit;
   13    (7) regulations promulgated by  the  department  pursuant  to  section
   14  [13-0319  of  this  chapter]  96-Z-42 OF THE AGRICULTURE AND MARKETS LAW
   15  involving the failure to tag or seal shellfish or the falsifying of  any
   16  information required on any tag or seal required by said regulations;
   17    (8)  subdivision  five of section [13-0325 of this chapter] 96-Z-51 OF
   18  THE AGRICULTURE AND MARKETS LAW,  regarding  the  taking  of  undersized
   19  clams,  where  the  taking  involves  more than twenty-four percentum of
   20  clams of less than legal size;
   21    (9) [regulations promulgated by the department  pursuant  to]  section
   22  [13-0327  of  this  chapter] 96-Z-52 OF THE AGRICULTURE AND MARKETS LAW,
   23  regarding the taking of undersized scallops, where the  taking  involves
   24  more than twenty-four percentum of scallops of less than legal size; and
   25    (10)  section 13-0344 of this chapter involving the dumping of objects
   26  into the water after being signaled by a police officer or peace officer
   27  to stop for inspection.
   28    b. Each such misdemeanor identified in paragraph a of this subdivision
   29  shall be punishable as follows:
   30    (1) For a first conviction for any of the violations listed  in  para-
   31  graph  a  of  this  subdivision, by imprisonment for not more than sixty
   32  days, a fine of not less than two hundred fifty dollars  nor  more  than
   33  one  thousand dollars plus, if applicable, an amount equal to the market
   34  value of the shellfish involved in the violation, or by both such impri-
   35  sonment and fine.
   36    (2) For a second conviction for any of the violations listed in  para-
   37  graph  a  of  this subdivision, by imprisonment for not more than ninety
   38  days, a fine of not less than five hundred dollars nor more  than  twen-
   39  ty-five  hundred  dollars  plus, if applicable, an amount equal to three
   40  times the market value of the shellfish involved in the violation, or by
   41  both such imprisonment and fine.
   42    (3) For a third or subsequent conviction for  any  of  the  violations
   43  listed  in paragraph a of this subdivision, by imprisonment for not more
   44  than one hundred eighty days, a fine  of  not  less  than  one  thousand
   45  dollars  nor  more  than  ten  thousand  dollars plus, if applicable, an
   46  amount equal to three times the market value of the  shellfish  involved
   47  in the violation, or by both such imprisonment and fine.
   48    (4)  Provided,  further,  that  all  equipment  or conveyances used to
   49  harvest, transport or traffic in such illegal shellfish may be forfeited
   50  for any third or subsequent conviction of the above violations, in addi-
   51  tion to such penalties or imprisonment.  Such  forfeiture  shall  be  in
   52  addition  to  any forfeiture authorized by section 71-0909 of this arti-
   53  cle.
   54    5. a. Violations of:
   55    (1) subdivision three of section [13-0309 of this chapter] 96-Z-46  OF
   56  THE  AGRICULTURE  AND  MARKETS LAW involving the illegal use of dredges,
       S. 3057                            16
    1  scrapes or other devices operated by power  or  by  boats  propelled  by
    2  motor or other mechanical means for the purpose of taking shellfish;
    3    (2)  subdivision eight of section [13-0309 of this chapter] 96-Z-46 OF
    4  THE AGRICULTURE AND MARKETS LAW involving the operation, use or placing,
    5  for whatever purpose, of dredges, rakes, tongs or other devices for  the
    6  taking  of  shellfish  in  uncertified  shellfish  lands  after  a prior
    7  conviction under such subdivision for such activity;
    8    (3) subdivision nine of section [13-0309 of this chapter]  96-Z-46  OF
    9  THE  AGRICULTURE AND MARKETS LAW involving the altering, damaging, muti-
   10  lating, moving or carrying away of buoys or markers  used  to  designate
   11  the uncertified waters of the state;
   12    (4)  subdivision  five of section [13-0325 of this chapter] 96-Z-51 OF
   13  THE AGRICULTURE AND MARKETS  LAW  regarding  the  taking  of  undersized
   14  clams,  where  the taking involves between ten and twenty-four percentum
   15  of clams of less than legal size; and
   16    (5) [regulations promulgated by the department  pursuant  to]  section
   17  [13-0327  of  this  chapter] 96-Z-52 OF THE AGRICULTURE AND MARKETS LAW,
   18  regarding the taking of undersized scallops, where the  taking  involves
   19  between  ten  and  twenty-four  percentum of scallops of less than legal
   20  size.
   21    b. Each such misdemeanor identified in paragraph a of this subdivision
   22  shall be punishable as follows:
   23    (1) For a first conviction of any of the violations  listed  in  para-
   24  graph  a  of  this subdivision, by imprisonment for not more than thirty
   25  days, a fine of not less than two hundred fifty dollars  nor  more  than
   26  five  hundred dollars plus, if applicable, an amount equal to the market
   27  value of the shellfish involved in the violation, or by both such impri-
   28  sonment and fine.
   29    (2) For a second conviction for any of the violations listed in  para-
   30  graph a of this subdivision, by imprisonment not to exceed sixty days, a
   31  fine  of  not  less than five hundred dollars nor more than one thousand
   32  dollars plus, if applicable, an amount equal to the market value of  the
   33  shellfish  involved  in  the violation, or by both such imprisonment and
   34  fine.
   35    (3) For a third or subsequent conviction for  any  of  the  violations
   36  listed  in paragraph a of this subdivision, by imprisonment for not more
   37  than one hundred eighty days, a fine  of  not  less  than  one  thousand
   38  dollars  nor  more  than  five  thousand dollars plus, if applicable, an
   39  amount equal to the market  value  of  the  shellfish  involved  in  the
   40  violation, or by both such imprisonment and fine.
   41    S  11. Subdivision 6 of section 71-0923 of the environmental conserva-
   42  tion law, as added by chapter 417 of the laws of  1996,  is  amended  to
   43  read as follows:
   44    6.  A first conviction for a violation of subdivision eight of section
   45  [13-0309 of this chapter] 96-Z-46 OF THE AGRICULTURE  AND  MARKETS  LAW,
   46  involving  devices  for  taking  shellfish  in  uncertified  lands, or a
   47  violation of subdivision ten of section [13-0309 of this chapter]  96-Z-
   48  46  OF  THE AGRICULTURE AND MARKETS LAW, involving possession of a stick
   49  dredge, shall be punishable as a violation under this section.
   50    S 12. Subdivisions 7-a, 7-b and 8 of section 71-0925 of  the  environ-
   51  mental  conservation  law,  subdivision 7-a as amended by chapter 284 of
   52  the laws of 2004 and subdivision 7-b as added by chapter 441 of the laws
   53  of 1977 and as renumbered by chapter  284  of  the  laws  of  2004,  are
   54  amended to read as follows:
   55    7-a.  If  the violation was a violation of subdivision [1 or 2] ONE OR
   56  TWO of section [13-0309, or section  13-0323  or  13-0327]  96-Z-46,  OR
       S. 3057                            17
    1  SECTION  96-Z-50  OR  96-Z-52  OF  THE  AGRICULTURE  AND MARKETS LAW, or
    2  section 13-0344 OF THIS CHAPTER, not less than two hundred fifty dollars
    3  nor more than one thousand dollars for each offense;
    4    7-b.  If  the  violation  was a violation of subdivision one or two of
    5  section [13-0325 of this chapter] 96-Z-51 OF THE AGRICULTURE AND MARKETS
    6  LAW there shall be a minimum penalty of twenty-five dollars and a  maxi-
    7  mum of two hundred fifty dollars per container or bushel involved in the
    8  violation.
    9    8.  If  a  violation  of  subdivisions  [1 or 2] ONE OR TWO of section
   10  [13-0309] 96-Z-46 OF THE AGRICULTURE AND MARKETS LAW occurs  during  the
   11  time  when  a  permit or license to take shellfish has been suspended or
   12  revoked pursuant to the provisions of subdivision [3] THREE  of  section
   13  [13-0311]  96-Z-48  OF  THE  AGRICULTURE AND MARKETS LAW or subparagraph
   14  [(3)] 3 of paragraph b of subdivision 1 of section 11-0719 OF THIS CHAP-
   15  TER, not less than five hundred dollars nor more  than  fifteen  hundred
   16  dollars for each offense, and in addition the forfeiture to the state of
   17  the  tongs,  rakes,  dredges  or  devices other than boats used by or in
   18  connection with such illegal taking;
   19    S 13. Subdivisions 1 and 4 of section  71-0927  of  the  environmental
   20  conservation law, subdivision 1 as amended by chapter 284 of the laws of
   21  2004  and  subdivision 4 as added by chapter 315 of the laws of 1992 and
   22  as renumbered by chapter 284 of the laws of 2004, are amended to read as
   23  follows:
   24    1. Anyone convicted of violating the prohibition  against  harvesting,
   25  taking,  possessing  or  transporting  shellfish under facts and circum-
   26  stances meeting the criteria for imposition  of  sanctions  pursuant  to
   27  subdivision  3 of section 71-0924 OF THIS TITLE; or anyone convicted two
   28  or more times within five years of  violating  the  prohibition  against
   29  harvesting, taking, possessing or transporting shellfish under facts and
   30  circumstances  meeting the criteria for imposition of sanctions pursuant
   31  to subdivision 2 of section 71-0924 OF  THIS  TITLE,  [or  of  violating
   32  subdivision 1 or 2, paragraph e or f of subdivision 3, subdivision 6, 8,
   33  9, 10, 11, or 13 of section 13-0309,] section 13-0317, [subdivision 2 of
   34  section  13-0323,  section  13-0325,  subdivision  3  or  5  of  section
   35  13-0327,] or section 13-0344 of this chapter, OR OF  VIOLATING  SUBDIVI-
   36  SION ONE OR TWO, PARAGRAPH E OR F OF SUBDIVISION THREE, SUBDIVISION SIX,
   37  EIGHT,  NINE,  TEN, ELEVEN OR THIRTEEN OF SECTION 96-Z-46 OR SUBDIVISION
   38  TWO OF SECTION 96-Z-50, SECTION 96-Z-51 OR SECTION 96-Z-52 OF THE  AGRI-
   39  CULTURE  AND MARKETS LAW shall have his license to take and land shellf-
   40  ish revoked and shall not be relicensed for  a  minimum  of  five  years
   41  thereafter,  in  addition to any other sanction imposed pursuant to this
   42  article.
   43    4. The provisions of this section shall be in addition to the  ability
   44  of  the  department  to  suspend  licenses pursuant to section [13-0309,
   45  13-0311 or] 13-0329 of this chapter, OR 96-Z-46 OR 96-Z-48 OF THE  AGRI-
   46  CULTURE  AND  MARKETS  LAW  or  any  other provision of law. Revocations
   47  pursuant to this section shall be automatic upon the  second  conviction
   48  and shall not require any hearing for the revocation.
   49    S 14. Section 13-0317 of the environmental conservation law is amended
   50  to read as follows:
   51  S 13-0317. Shipping tags.
   52    All persons transporting, importing, exporting or otherwise distribut-
   53  ing  shellfish  shall  label  or  tag the same as provided under section
   54  [13-0319] 96-Z-42 OF THE AGRICULTURE AND MARKETS LAW.
   55    S 15. This act shall take effect immediately.