§ 13-0301. Lease of state-owned underwater lands for shellfish cultivation. 1. Leases. a. Except as provided in paragraph b of this subdivision, the department may lease state-owned underwater lands within the marine and coastal district for the cultivation of shellfish. The written approval of the office of general services shall be obtained for the lease […]
§ 13-0302. Lands underwater of Gardiner’s and Peconic bays. 1. Underwater lands ceded to county of Suffolk. All the right, title and interest in which the people of the state of New York have in and to the lands under water of Gardiner’s and Peconic bays in the county of Suffolk, except underwater lands within […]
§ 13-0303. Tax on state-owned underwater lands held under lease or franchise for shellfish cultivation. 1. Tax. There shall be an annual tax of one dollar per acre on all state-owned underwater lands held by franchise for shellfish cultivation. The tax shall be levied and assessed by the department before February 1 each year on […]
§ 13-0305. Marking lands prohibited; injury to monuments. 1. No person other than the lessee or the department shall mark out or enclose in any manner, any state-owned lands under water for the purpose of planting shellfish thereon or excluding the general public therefrom. 2. No person shall wilfully injure or remove any monument, stake […]
§ 13-0307. Sanitary surveys. 1. The department periodically shall examine all shellfish lands within the marine district and the Hudson River between the Governor Mario M. Cuomo bridge and the federal dam at Troy to ascertain the sanitary condition thereof in accordance with regulations promulgated pursuant to section 13-0319 of this title. 2. The department, […]
§ 13-0309. Taking, handling and importation of shellfish; general provisions. 1. a. Shellfish shall not be taken from uncertified lands except as provided in sections 13-0319 and 13-0321. b. Shellfish from uncertified lands of other states shall not be possessed, transported or trafficked in within this state, except pursuant to permit as provided in sections […]
§ 13-0310. Northern or lined seahorses; prohibited acts. 1. No person shall take any northern or lined seahorse (Hippocampus erectus) for commercial purposes. 2. The provisions of subdivision one of this section shall not apply to the taking of seahorses for scientific or educational purposes including, but not limited to, public or not-for-profit zoos and […]
§ 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, […]
§ 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 […]
§ 13-0315. Shellfish shipper’s and processor’s permit. 1. Prior to the processing, transportation or shipment of shellfish, either in intra-state or inter-state commerce, an appropriate permit to do so shall be obtained from the department. Such permit shall be required of all shippers and dealers in fresh and frozen shellfish within the state, except retail […]
§ 13-0316. Marine hatcheries; off-bottom and on-bottom culture; permits. 1. Marine hatcheries. The department, in its discretion, may issue permits for operation of marine hatcheries. No person shall operate a marine hatchery without first obtaining a permit from the department. The fee for such permit shall be one hundred dollars annually, except that political subdivisions […]
§ 13-0317. Shipping tags. All persons transporting, importing, exporting or otherwise distributing shellfish shall label or tag the same as provided under section 13-0319.
§ 13-0319. Shellfish regulations. The department may adopt regulations with respect to the harvesting, transplanting, relaying, receiving, possessing, transporting, importing, exporting, processing, buying, selling of or otherwise trafficking in shellfish; the labeling or tagging thereof; the keeping of records of shellfish received, transported and distributed; the construction, operation and maintenance of all shellfish handling, processing […]
§ 13-0321. Taking and importation of shellfish for transplanting and other purposes. 1. Shellfish may be taken from uncertified shellfish lands for transplanting or other purposes as the department may deem advisable subject to supervision and regulation as provided in section 13-0319. 2. Prior to the taking from uncertified shellfish lands of this state for […]
§ 13-0323. Oysters; prohibited acts. 1. No person shall sell or offer for sale, any oysters, or label or brand any packages containing oysters for shipment or sale under the name of blue point oysters, other than oysters which have been planted and cultivated at least three months in the waters of Great South Bay. […]
§ 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 […]
§ 13-0327. Scallops. The department may, until December thirty-first, two thousand twenty-four, adopt by regulation measures for the management of scallops (Family Pectinidae) 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 […]
§ 13-0328. Commercial licenses; limited entry. 1. Commercial food fish licenses. Commercial food fish licenses provided for by section 13-0335 of this title shall be issued as follows: a. for the period beginning January first, two thousand eighteen through December thirty-first, two thousand twenty-three, the number of resident commercial food fish licenses and the number […]
§ 13-0329. Lobsters; permit to take; prohibited acts. 1. Any person domiciled within the state may take and land lobsters (Homarus americanus) from the waters of the state or land lobsters in the state taken elsewhere upon first obtaining a permit from the department. There shall be two classes of permits: a non-commercial permit, the […]
§ 13-0330. Whelks or conchs; license to take. 1. A person domiciled within the state may take whelks or conchs (Busycon spp.) for commercial purposes from the waters of the state upon first obtaining a license from the department. a. The department shall prescribe and furnish forms for application for such permit. b. The fee […]