Bill Text: NY S02690 | 2013-2014 | General Assembly | Amended
Bill Title: Provides for aquaculture and shellfish regulation.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2014-01-29 - PRINT NUMBER 2690A [S02690 Detail]
Download: New_York-2013-S02690-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2690--A 2013-2014 Regular Sessions I N S E N A T E January 23, 2013 ___________ Introduced by Sens. YOUNG, RANZENHOFER -- read twice and ordered print- ed, and when printed to be committed to the Committee on Environmental Conservation -- recommitted to the Committee on Environmental Conser- vation in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 Section 11-1909 of the environmental conservation law is 2 REPEALED. 3 S 2.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13-0311, 13-0313, 13-0315, 4 13-0319, 13-0321, 13-0323, 13-0325 and 13-0327 of the environmental 5 conservation law are REPEALED. 6 S 3.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. LBD06841-02-4 S. 2690--A 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. 2690--A 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 FIFTEEN AND A FINAL REPORT OF ITS FIND- 50 INGS, CONCLUSIONS AND RECOMMENDATIONS NOT LATER THAN DECEMBER 51 THIRTY-FIRST, TWO THOUSAND FIFTEEN, 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. 2690--A 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. 2690--A 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. 2690--A 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. 2690--A 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 SIXTEEN, SHALL BE 51 ENTITLED TO COLLECT FIFTEEN CENTS PER BUSHEL OF SURF CLAMS AND TEN CENTS 52 PER BUSHEL OF OCEAN QUAHOGS TAKEN FROM ALL CERTIFIED WATERS TO BE DEPOS- 53 ITED IN THE SURF CLAM/OCEAN QUAHOG ACCOUNT AS PROVIDED IN SECTION EIGHT- 54 Y-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. 2690--A 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. 2690--A 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. 2690--A 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. 2690--A 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 SIXTEEN, FIX BY REGULATION MEASURES FOR THE MANAGEMENT OF OYSTERS (FAMI- 23 LY OSTREIDAE) INCLUDING SIZE LIMITS, CATCH AND POSSESSION LIMITS, OPEN 24 AND CLOSED SEASONS, CLOSED AREAS, RESTRICTIONS ON THE MANNER OF TAKING 25 AND LANDING, REQUIREMENTS FOR PERMITS AND ELIGIBILITY THEREFOR, RECORD- 26 KEEPING AND IDENTIFICATION REQUIREMENTS, REQUIREMENTS ON THE AMOUNT AND 27 TYPE OF FISHING EFFORT AND GEAR, AND REQUIREMENTS RELATING TO TRANSPOR- 28 TATION, POSSESSION AND SALE, PROVIDED THAT SUCH REGULATIONS ARE NO LESS 29 RESTRICTIVE THAN REQUIREMENTS SET FORTH IN THIS ARTICLE AND IN THE ENVI- 30 RONMENTAL 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. 2690--A 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 44 SEVENTEEN, 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 SEVENTEEN, ADOPT BY REGULATION MEAS- 56 URES FOR THE MANAGEMENT OF SCALLOPS (FAMILY PECTINIDAE) INCLUDING SIZE S. 2690--A 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. 2690--A 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. 2690--A 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. 2690--A 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. 2690--A 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.