Rpld SS11-1909, 13-0301, 13-0305, 13-0309, 13-0311, 13-0313, 13-0315, 13-0319, 13-0321, 13-0323, 13-0325 &
13-0327, amd En Con L, generally; add Art 5-E SS96-z-40 - 96-z-53, Ag & Mkts L; amd S83, St Fin L
Provides for aquaculture and shellfish regulation.
STATE OF NEW YORK
________________________________________________________________________
8419
2011-2012 Regular Sessions
IN ASSEMBLY
June 15, 2011
___________
Introduced by M. of A. THIELE -- read once and referred 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2 REPEALED.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 § 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5 conservation law are REPEALED.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 § 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 § 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
21 permitted in title 13; (b) the taking of fish or the use of nets in the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03446-01-1
A. 8419 2
1 marine and coastal district as defined in section 13-0103, or in a trout
2 or black bass hatchery operated under permit from the department as
3 provided in section [11-1909] 96-z-41 of the agriculture and markets
4 law, or in a farm fish pond licensed as provided in section 11-1911 or
5 in a fishing preserve licensed as provided in section 11-1913; (c) the
6 sale or taking for sale of bait fish named in section 11-1315.
7 § 5. The agriculture and markets law is amended by adding a new arti-
8 cle 5-E to read as follows:
9 ARTICLE 5-E
10 REGULATION OF AQUACULTURE
11 Section 96-z-40. Legislative intent.
12 96-z-41. Private trout and black bass hatcheries.
13 96-z-42. Shellfish regulations.
14 96-z-43. Aquaculture task force.
15 96-z-44. Lease of state-owned underwater lands for shellfish
16 cultivation.
17 96-z-45. Marking lands prohibited; injury to monuments.
18 96-z-46. Taking, handling and importation of shellfish; gener-
19 al provisions.
20 96-z-47. Shellfish growers; definition; bed permit.
21 96-z-47-a. Shellfish shipper's and processor's permit.
22 96-z-48. Digger's permit to take shellfish for commercial
23 purposes; when not required.
24 96-z-49. Taking and importation of shellfish for transplanting
25 and other purposes.
26 96-z-50. Oysters; prohibited acts.
27 96-z-51. Clams; prohibited acts.
28 96-z-52. Scallops; prohibited acts.
29 96-z-53. Commercial licenses; limited entry.
30 § 96-z-40. Legislative intent. The legislature finds and declares that
31 aquaculture is among the fastest growing segments of the global agricul-
32 ture markets, with New York's fish-farming industry supplying fish to a
33 variety of markets, and that this body should seek ways to develop the
34 fish-farming business as an alternative cash crop for farms across the
35 state.
36 § 96-z-41. Private trout and black bass hatcheries. 1. The department,
37 in its discretion, may issue to any person a hatchery permit, valid
38 during the calendar year of issue, to propagate, raise and sell trout.
39 The department shall establish by order regulations governing the iden-
40 tification and transportation of trout raised under such a permit, other
41 than by individual tagging, which are offered for sale, sold or trans-
42 ported.
43 2. The department, in its discretion, may issue to any person a hatch-
44 ery permit, valid during the calendar year of issue, to propagate, raise
45 and sell black bass. The department shall establish by order regulations
46 governing the identification and transportation of black bass raised
47 under such a permit, other than by individual tagging, which are offered
48 for sale, sold or transported.
49 § 96-z-42. Shellfish regulations. The department may adopt regu-
50 lations with respect to the harvesting, transplanting, relaying, receiv-
51 ing, possessing, transporting, importing, exporting, processing, buying,
52 selling of or otherwise trafficking in shellfish; the labeling or
53 tagging thereof; the keeping of records of shellfish received, trans-
54 ported and distributed; and the construction, operation and maintenance
55 of all shellfish handling, processing and distributing establishments,
56 including facilities and equipment and the cleaning, cleansing and water
A. 8419 3
1 storage of shellfish. The provisions of this section relating to trans-
2 planting and relaying shall include, but not be limited to, the removal
3 of shellfish from uncertified growing areas and transplanting to certi-
4 fied areas for subsequent harvest for market purposes and transplanting
5 of scallops pursuant to section 96-z-49 of this article. Such regu-
6 lations may provide for payment of the reasonable costs of the depart-
7 ment of supervision of removal of shellfish from uncertified areas,
8 except where such removal is being undertaken by a municipality or poli-
9 tical subdivision. Such regulations shall be drawn in such a manner as
10 to provide adequate sanitary control over all shellfish offered for sale
11 and distribution in the state. Such regulations shall not be less
12 restrictive than the minimum requirements of any federal agency regulat-
13 ing the inter-state shipment of shellfish.
14 § 96-z-43. Aquaculture task force. 1. An aquaculture task force is
15 hereby established to determine the viability of adopting a regulatory
16 system with promotion and protection of the aquaculture industry as its
17 goal for the state.
18 2. The task force shall consist of ten members, each to serve for a
19 term of two years, to be appointed as follows: two shall be appointed by
20 the temporary president of the senate and two by the minority leader of
21 the senate; two shall be appointed by the speaker of the assembly and
22 two by the minority leader of the assembly; and two shall be appointed
23 by the governor. The members shall be broadly representative of the
24 geographic areas of the state and include representatives of the aqua-
25 culture industry, ethnic populations, local governments and the public
26 at large. No more than four appointees shall be legislators. The
27 commissioner and the commissioner of environmental conservation shall
28 serve as ex-officio members. Vacancies in the membership of the commis-
29 sion and among its officers shall be filled in the manner provided for
30 original appointments.
31 3. The task force may employ and at pleasure remove such personnel as
32 it may deem necessary for the performance of its functions and fix their
33 compensation within the amounts made available therefor.
34 4. The members of the task force shall receive no compensation for
35 their services, but shall be allowed their actual and necessary expenses
36 incurred in the performance of their duties hereunder.
37 5. To the maximum extent feasible, the task force shall be entitled to
38 request and receive and shall utilize and be provided with such facili-
39 ties, resources, and data of any court, department, division, board,
40 bureau, commission, or agency of the state or any political subdivision
41 thereof as it may reasonably request to carry out properly its powers
42 and duties hereunder.
43 6. The appointing authorities shall appoint the members of the task
44 force within ninety days of the effective date of this section and the
45 task force shall convene its first meeting within sixty days thereafter.
46 7. The task force shall make a preliminary report to the governor and
47 the legislature of its findings, conclusions and recommendations on or
48 before April first, two thousand twelve and a final report of its find-
49 ings, conclusions and recommendations not later than December thirty-
50 first, two thousand twelve, and shall submit with its reports such
51 legislative proposals as it deems necessary to implement its recommenda-
52 tions.
53 § 96-z-44. Lease of state-owned underwater lands for shellfish culti-
54 vation. 1. Leases. a. Except as provided in paragraph b of this subdi-
55 vision, the department may lease state-owned underwater lands within the
56 marine and coastal district for the cultivation of shellfish. The writ-
A. 8419 4
1 ten approval of the office of general services shall be obtained for the
2 lease of land within five hundred feet of the high water mark.
3 b. The following lands underwater shall not be leased: (i) lands where
4 there is an indicated presence of shellfish in sufficient quantity and
5 quality and so located as to support significant hand raking or tonging
6 harvesting; (ii) lands where the leasing will result in a significant
7 reduction to established commercial finfish or crustacean fisheries;
8 (iii) lands where bay scallops are produced regularly on a commercial
9 basis; and (iv) lands underwater of Gardiner's and Peconic bays and the
10 tributaries thereof between the westerly shore of Great Peconic bay and
11 an easterly line running from the most easterly point of Plum Island to
12 Goff point at the entrance of Napeaque harbor.
13 2. Regulations. a. Regulations adopted by the department for the
14 implementation and administration of this section shall include regu-
15 lations with respect to leasing forms and procedures; public notice of
16 leasing; execution of leases; minimum rental fees; bidding procedures;
17 posting and forfeiture of financial security, renewals, termination and
18 assignment of leases; marking and testing of grounds; maintenance of
19 boundary markers; collection of rental and recording fees; submission
20 and approval of cultivation plans; harvesting gear; and acreage of lands
21 to be let and term of leases and other matters pertinent to underwater
22 land use and shellfish cultivation.
23 b. Regulations adopted by the department for the implementation and
24 administration of this section shall include the following requirements:
25 (i) leases shall be awarded after public auction following due notice;
26 (ii) leases shall be awarded to the highest responsible bidder; (iii)
27 bidders shall provide a detailed cultivation plan; and (iv) cultivation
28 of shellfish shall commence within one year of the award of the lease.
29 3. Summary proceedings. Upon failure to pay the rental on any date due
30 under the terms of a lease or upon revocation, the department may, after
31 written notice to the lessee, declare the lease cancelled as of the date
32 set forth in such notice, and may immediately thereafter evict the
33 lessee from such lands. The provisions of article seven of the real
34 property actions and proceedings law shall apply and govern the proce-
35 dure in such cases.
36 4. Limitations. The commissioner of general services shall not grant
37 or lease lands for shellfish cultivation. The public shall not be
38 excluded from the taking of shellfish from underwater lands granted or
39 leased by such commissioner for other purposes; provided, however, that
40 should any grant or lease made by such commissioner for such other
41 purposes include lands leased by the department for shellfish culti-
42 vation the lessee for shellfish cultivation shall have the exclusive
43 right to use and take shellfish from such leased lands for a period of
44 two years from the date of the grant or lease by such commissioner or
45 until the expiration of the shellfish cultivation lease, whichever is
46 the earliest, and may prior to the expiration of such period, remove and
47 transplant the shellfish from such lands to other lands leased, owned or
48 controlled by such lessee.
49 § 96-z-45. Marking lands prohibited; injury to monuments. 1. No
50 person other than the lessee or the department shall mark out or enclose
51 in any manner, any state-owned lands under water for the purpose of
52 planting shellfish thereon or excluding the general public therefrom.
53 2. No person shall wilfully injure or remove any monument, stake or
54 boundary marker of any kind, placed for the purpose of delineating or
55 locating state owned shellfish lands except by authority of the depart-
56 ment.
A. 8419 5
1 § 96-z-46. Taking, handling and importation of shellfish; general
2 provisions. 1. a. Shellfish shall not be taken from uncertified lands,
3 except as provided in sections 96-z-42 and 96-z-49 of this article.
4 b. Shellfish from uncertified lands of other states shall not be
5 possessed, transported or trafficked in within this state, except pursu-
6 ant to permit as provided in sections 96-z-42 and 96-z-49 of this arti-
7 cle.
8 c. Shellfish shall not be shipped or transported into this state,
9 except as provided in sections 96-z-42 and 96-z-49 of this article,
10 unless such shellfish are harvested from certified shellfish lands whose
11 quality is equivalent to or better than that described in regulations
12 promulgated pursuant to section 96-z-42 of this article.
13 2. a. Shellfish shall not be taken from sunset to sunrise from any
14 shellfish lands of this state.
15 b. During the period from one hour after sunset until sunrise, no
16 person, except pursuant to a permit issued by the department, shall
17 possess on board a vessel, or off-load from a vessel, more than the
18 quantities of shellfish allowed to be possessed pursuant to subdivision
19 five of section 96-z-48 of this article. Possession of shellfish during
20 the period from one hour after sunset until sunrise in quantities
21 exceeding those set forth in subdivision five of section 96-z-48 of this
22 article shall be presumptive evidence of a violation of paragraph a of
23 this subdivision.
24 3. No dredge or scrape or other device operated by power or by boats
25 propelled by motor or other mechanical means may be used for the taking
26 of shellfish from public or unleased lands under water, except that:
27 a. Sea scallops (Pecten magellanicus) may be taken from the waters of
28 the Atlantic Ocean by any means.
29 b. In the taking of soft clams (Mya arenaria) on lands below low tide,
30 the practice of churning with a propeller may be employed.
31 c. Surf, sea, hen or skimmer clams (Spisula solidissima; Spisula poly-
32 nyma) and ocean quahogs (Arctica islandica) may be taken by mechanical
33 means from the waters of the marine and coastal district, except as
34 limited by any regulations promulgated pursuant to subdivision twelve of
35 this section.
36 d. The department may permit the taking of shellfish for purposes of
37 transplanting only pursuant to section 96-z-49 of this article, by
38 mechanical means, except that in the waters of Richmond county the
39 department may permit such taking in waters at a mean low water mark of
40 thirty feet or more.
41 e. Subject to the provisions of section 96-z-52 of this article, bay
42 scallops (Pecten irradians) may be taken with a dredge or scrape, having
43 an opening at the mouth not to exceed thirty-six inches in width, when
44 towed by a boat operated by mechanical power, or other means provided
45 that such dredge or scrape is brought aboard by hand power without the
46 use of a mechanical device.
47 f. The department may issue permits for the taking of mussels (Mytilus
48 edulis) from underwater lands as provided in this paragraph by means of
49 dredges not to exceed thirty-six inches in width, which may be equipped
50 to be returned to boatside by means of power or mechanical devices.
51 Mussels (Mytilus edulis) may be taken by such means in the following
52 areas:
53 (i) In Long Island Sound generally easterly of a line extending due
54 north from Herod Point on Long Island including those waters surrounding
55 Fishers Island.
A. 8419 6
1 (ii) In the Atlantic Ocean easterly of a line extending due south from
2 the rock jetty on the east side of Shinnecock Inlet.
3 (iii) In the bays with state-owned bottomland easterly from the Town
4 of Riverhead to and including Block Island Sound.
5 (iv) The limit on mussels (Mytilus edulis) taken in such a manner is
6 fifteen bushels per person per day, not to exceed thirty bushels taken
7 per boat per day. Possession of other shellfish or possession of mussels
8 on a vessel possessing a dredge is presumptive evidence that such
9 shellfish or mussels were taken by such dredge.
10 g. In the taking of hard clams (Mercenaria mercenaria), a pot hauler
11 may be used onboard a vessel to assist in hauling or retrieving a clam
12 rake from the water, provided that the basket attached to the clam rake
13 shall not exceed twenty-six inches in width. For the purposes of this
14 section, "pot hauler" shall mean a mechanically operated device, includ-
15 ing but not limited to a winch, reel, windlass or capstan, which is used
16 to haul or retrieve a clam rake from the water and return it to the
17 harvest vessel.
18 4. No person shall take, carry away, interfere with or disturb shellf-
19 ish of another, lawfully possessed, planted or cultivated; nor remove
20 any stakes, buoys or boundary marks of lawfully possessed, planted or
21 cultivated lands. The possession of dredges, rakes or tongs overboard on
22 any such lands shall be deemed presumptive evidence of a violation of
23 this subdivision.
24 5. All boats, houses and other places, containers and equipment used
25 in the handling of shellfish shall be maintained in a sanitary condition
26 as provided in section 96-z-42 of this article.
27 6. Shellfish shall not be treated by the process known as drinking,
28 floating, plumping or swelling, and shellfish so treated shall not be
29 possessed, bought, sold or exposed for sale; provided, however, that
30 shellfish may be retained in water storage as provided in section 96-z-
31 42 of this article and provided, further, that nothing in this section
32 shall be deemed to prohibit or render unlawful the practice of off-bot-
33 tom culture of shellfish under permit issued pursuant to section 13-0316
34 of the environmental conservation law.
35 7. Shellfish in the shell, or shucked, shall not be washed preparatory
36 to marketing except by the use of water from a water supply approved by
37 the department.
38 8. The operation, use or placing, for whatever purpose, of dredges,
39 rakes, tongs or other devices for the taking of shellfish in uncertified
40 shellfish lands, except as provided in sections 96-z-42 and 96-z-49 of
41 this article is prohibited. The department may suspend or cancel the
42 digger's permit of any person who is convicted of a violation of this
43 subdivision or who signs an acknowledgment of a violation of this subdi-
44 vision for the purpose of effecting a settlement by civil compromise or
45 by stipulation.
46 9. No person shall in any way alter, damage, mutilate, move or carry
47 away any buoy or marker placed by the department that is used to desig-
48 nate, mark or define the uncertified waters of the state.
49 10. The department may issue permits for the possession of a stick
50 dredge for purposes it may deem necessary. No person without a permit
51 from the department shall possess a stick dredge in Nassau county,
52 Suffolk county or in the marine and coastal district. For the purpose of
53 this section, a "stick dredge" shall be any tooth-basket combination
54 dredging device whose construction shall allow for the installation of a
55 stick or sticks of any type material whose purpose is to permit the
56 direction of force upon such device and which is commonly used for the
A. 8419 7
1 taking of Mercenaria mercenaria by being towed either directly or indi-
2 rectly by a motorboat which has its engine engaged.
3 11. No person without a permit from the department shall possess rakes
4 or tongs, of the type and design normally used by shellfish harvesters
5 for harvesting shellfish from shellfish lands, in Nassau county, Suffolk
6 county or the marine and coastal district except:
7 a. hand operated tongs having teeth in the heads spaced not less than
8 one inch apart and the basket attached to such tongs having bars not
9 less than fifteen-sixteenths of an inch apart, or
10 b. hand operated rakes having teeth spaced not less than one inch
11 apart and the basket attached to such rake having bars not less than
12 fifteen-sixteenths of an inch apart.
13 Rakes or tongs having wire netting or other material between the teeth
14 or bars shall not be used.
15 12. Notwithstanding any other provision of this chapter or rule or
16 regulation, the department shall fix by regulations open seasons,
17 harvest areas, size limits, catch limits, manner of taking and
18 possession, transportation, identification, sale and permit requirements
19 for surf, sea, hen and skimmer clams (Spisula solidissima, Spisula poly-
20 nyma) and ocean quahogs (Arctica islandica). Such regulation may provide
21 for, but not be limited to the following:
22 a. a daily catch limit for surf clams not to exceed eight hundred
23 ninety-six bushels or twenty-eight cages per vessel and a daily catch
24 limit for ocean quahogs not to exceed eight hundred ninety-six bushels
25 or twenty-eight cages per vessel, regardless of the number of permittees
26 aboard such vessel;
27 b. requirements with respect to number of vessels which may partic-
28 ipate in the surf clam and ocean quahog fishery;
29 c. limitations on harvest within specified periods of time, such as
30 weekly and daily harvest limits, designed to minimize the number of and
31 the duration of closures;
32 d. qualification of applicants and vessels to participate in the surf
33 clam and ocean quahog fishery;
34 e. the regulations shall take into consideration and attempt to main-
35 tain the economic viability of those portions of the surf clam harvest-
36 ing and processing industry that have a longstanding investment in the
37 domestic surf clam industry; and
38 f. the regulations shall take into consideration and attempt to main-
39 tain the economic viability of the traditional established New York
40 based commercial surf clam/ocean quahog harvesting industry, processors
41 and packers that rely on this fishery.
42 13. Possession of shellfish on a vessel equipped with a dredge, scrape
43 or other device operated by power and capable of being used for the
44 taking of shellfish, except a scallop dredge as defined in paragraph e
45 of subdivision three of this section, is presumptive evidence that such
46 shellfish were taken by the use of such dredge, scrape or other device.
47 14. The department, until April first, two thousand thirteen, shall be
48 entitled to collect fifteen cents per bushel of surf clams and ten cents
49 per bushel of ocean quahogs taken from all certified waters to be depos-
50 ited in the surf clam/ocean quahog account as provided in section eight-
51 y-three of the state finance law.
52 15. Unless and until regulations are adopted implementing a comprehen-
53 sive long-term management plan for the protection of surf clams and
54 ocean quahogs in New York waters prepared in conjunction with the surf
55 clam/ocean quahog management advisory board pursuant to section 13-0308
56 of the environmental conservation law, the following restrictions shall
A. 8419 8
1 apply in addition to any consistent regulations adopted prior to the
2 date upon which such section shall take effect:
3 a. a weekly catch limit not to exceed twenty-eight cages;
4 b. an annual catch limit in certified waters of the Atlantic Ocean for
5 surf clams not to exceed five hundred thousand bushels in the aggregate;
6 c. an annual catch limit in certified waters other than the Atlantic
7 Ocean for surf clams not to exceed fifty thousand bushels in the aggre-
8 gate; and
9 d. requiring permittees to report on a weekly basis the number of
10 bushels harvested in the previous seven day period, and provide that the
11 failure to file such weekly report may result in the revocation of such
12 person's permit by the department.
13 § 96-z-47. Shellfish growers; definition; bed permit. 1. Any person
14 resident in this state one year or more may engage in the cultivation
15 and marketing of shellfish subject to the provisions of section 13-0307
16 of the environmental conservation law, and sections 96-z-42, 96-z-46 and
17 96-z-48 of this article and shall be known as a grower.
18 2. A grower shall not take shellfish, for shipping or marketing from
19 lands owned, leased or rented by him or her except upon permit of the
20 department which shall certify that such lands lie within certified
21 areas. The department shall prescribe and furnish forms for application
22 for such permits.
23 3. The fee for such permit shall be twenty-five cents for each acre
24 from which shellfish are to be taken; provided, however, that the mini-
25 mum fee shall be five dollars. Such certificates shall expire on Decem-
26 ber thirty-first of the year of issue.
27 4. If it appears in the public interest, the department may suspend or
28 cancel any such permit.
29 5. Where lands for which such permit has been issued are found to be
30 in part within an uncertified area, the department shall issue without
31 fee, a new permit covering the remaining portion of such lands.
32 6. In case of assignment or transfer of rights or ownership of any
33 private or leased lands under water, or parts thereof, a new permit
34 shall be required.
35 § 96-z-47-a. Shellfish shipper's and processor's permit. 1. Prior to
36 the processing, transportation or shipment of shellfish, either in
37 intra-state or inter-state commerce, an appropriate permit to do so
38 shall be obtained from the department. Such permit shall be required of
39 all shippers and dealers in fresh and frozen shellfish within the state,
40 except retail dealers, and shall certify that the holder thereof has
41 complied with all the requirements of sections 96-z-42, 96-z-46, 96-z-47
42 and 96-z-48 of this article, section 13-0317 of the environmental
43 conservation law, and rules and regulations adopted pursuant thereto.
44 2. A shellfish shipper's and/or processor's permit shall be issued
45 only to a person eighteen years or older. The department shall prescribe
46 and furnish forms for application for such permit.
47 3. Applicants shall pay, and the department shall be entitled to
48 receive, fees according to the type of permit issued, as follows:
49 a. Class A permit. This permit shall allow the holder thereof and any
50 person in the employ of the permit holder, in accordance with regu-
51 lations adopted pursuant to section 96-z-42 of this article, to: (i)
52 reship shellfish previously shipped by the holder of a class A, B, C, D
53 or E permit issued pursuant to this section, or similar permit issued by
54 the shellfish sanitation control agency of another state or foreign
55 country; (ii) pack or repack shellstock received from the holder of a
56 digger's permit, pursuant to section 96-z-48 of this article; or (iii)
A. 8419 9
1 pack or repack shellstock from the holder of a class A, B, C, D or E
2 permit issued pursuant to this section, or similar permit issued by the
3 shellfish sanitation control agency of another state or foreign country.
4 The fee for a class A permit shall be three hundred dollars.
5 b. Class B permit. This permit shall allow the holder thereof and any
6 person in the employ of the permit holder to engage in the activities
7 authorized by a class A permit, as described in paragraph a of this
8 subdivision, and to otherwise process shellfish as authorized by regu-
9 lations adopted pursuant to section 96-z-42 of this article. The fee for
10 a class B permit shall be six hundred dollars.
11 c. Class C permit. This permit shall allow the holder thereof and any
12 person in the employ of the permit holder, in accordance with regu-
13 lations adopted pursuant to section 96-z-42 of this article, to reship
14 shellfish previously shipped by the holder of a class A, B, C, D or E
15 permit issued pursuant to this section, or similar permit issued by the
16 shellfish sanitation control agency of another state or foreign country.
17 The fee for a class C permit shall be two hundred dollars.
18 d. Class D permit. This permit shall allow the holder thereof, in
19 accordance with regulations adopted pursuant to section 96-z-42 of this
20 article, to ship shellstock which the holder has legally harvested from
21 shellfish lands of the state. The fee for a class D permit shall be
22 seventy-five dollars.
23 e. Class E permit. This permit shall allow the holder thereof, members
24 of the permit holder's immediate family and not more than two employees
25 of the permit holder, in accordance with regulations adopted pursuant to
26 section 96-z-42 of this article, to shuck and pack bay scallops which
27 have been received from the holder of a digger's permit, pursuant to
28 section 96-z-48 of this article, and to ship such scallops in the form
29 of fresh shucked stock only in intrastate commerce. The fee for a class
30 E permit shall be fifty dollars.
31 f. All permits issued pursuant to this section shall expire on the
32 thirty-first of December of the year of issue. The department may
33 suspend or revoke any such permit at any time on failure of the holder
34 thereof to comply with the conditions thereof.
35 § 96-z-48. Digger's permit to take shellfish for commercial purposes;
36 when not required. 1. Subject to the provisions of this article, a
37 person may take shellfish from under water lands in the state for
38 commercial purposes, including the culling, sorting or tagging of such
39 shellfish, only upon first obtaining a digger's permit from the depart-
40 ment, provided, however, that the application for such permit by a
41 person sixteen years of age or under shall be signed by his parent or
42 legal guardian, who shall thereby consent to the issuance of the permit.
43 2. The department shall prescribe and furnish forms for application
44 for such permit.
45 3. The fee for such permit shall be fifty dollars for a person domi-
46 ciled within the state. The fee for persons not domiciled within the
47 state shall be one hundred fifty dollars. Such permit shall expire on
48 December thirty-first of the year of issue. If it appears in the public
49 interest, the department may, after hearing held on ten days' notice,
50 suspend or cancel such permits, except that in case of a taking from an
51 uncertified area such suspension or cancellation may be without prior
52 notice.
53 4. The holder of such permit shall not ship or sell shellfish, except
54 to a holder of a valid Class A, B, or E shipper's permit, issued pursu-
55 ant to section 96-z-47-a of this article, who has a place of business in
56 the county of Nassau or Suffolk, without first obtaining a shipper's
A. 8419 10
1 permit as provided in subdivision one of section 96-z-47-a of this arti-
2 cle.
3 5. Subject to the provisions of this article, a person may, without
4 permit, take not more than a total of four pecks (one bushel) of shellf-
5 ish other than bay scallops and not more than four pecks of bay scallops
6 (Argopecten irradians) in any one day for the use of such person or such
7 person's family. Within the one bushel total limit of species, other
8 than bay scallops, which may be taken in one day the following species-
9 specific limits shall apply:
10 a. Hard clams (Mercenaria mercenaria). Not more than one hundred indi-
11 vidual organisms.
12 b. Blue mussels (Mytilus edulis). Not more than two pecks.
13 c. Oysters (Crassostrea virginica). Not more than two pecks.
14 d. Soft Clams (Mya arenaria). Not more than two pecks.
15 6. The holder of such digger's permit shall carry the permit assigned
16 to such holder while engaged in the permitted activities, and the fail-
17 ure by such holder to exhibit the permit to any shellfish inspector,
18 environmental conservation officer, health official, peace officer,
19 acting pursuant to such officers' special duties, police officer or
20 magistrate shall be presumptive evidence that no valid digger's permit
21 has been issued to the person who fails to produce such permit.
22 7. No person shall take shellfish or assist another in the taking of
23 shellfish in any quantity, including the culling, sorting or tagging of
24 such shellfish, during the time that such person's digger's permit priv-
25 ileges have been revoked or suspended.
26 8. Endorsed vessels. a. Upon application to the department on forms
27 furnished by the department, a shellfish digger's permit may be endorsed
28 for use on a vessel, in which case such permit shall authorize all
29 persons on board such vessel to engage in the taking of hard clams
30 (Mercenaria mercenaria) and oysters (Crassostrea virginica), including
31 the culling, sorting, and tagging of such shellfish. Each application
32 shall include a copy of one of the following documents as proof of
33 vessel length: the certificate of documentation for the vessel issued by
34 the United States government, or the registration for the vessel issued
35 by any state government within the United States.
36 b. The fee for endorsing a shellfish digger's permit to a vessel shall
37 be fifty dollars for a vessel that is forty feet or less in registered
38 length, and one hundred dollars for a vessel that is greater than forty
39 feet in registered length. Such fee shall be in addition to the permit
40 fee provided for in subdivision three of this section.
41 c. Not more than one rake, tong or other shellfish harvesting device
42 shall be used for the taking of hard clams and oysters at any given time
43 pursuant to a digger's permit which has been endorsed to a vessel.
44 d. A shellfish digger's permit which has been endorsed to a vessel
45 shall not cover any person whose shellfish digger's permit privileges
46 have been revoked or suspended.
47 e. The holder of a shellfish digger's permit which has been endorsed
48 to a vessel shall be on board such vessel at all times when the vessel
49 is being used for the taking of hard clams and oysters.
50 § 96-z-49. Taking and importation of shellfish for transplanting and
51 other purposes. 1. Shellfish may be taken from uncertified shellfish
52 lands for transplanting or other purposes as the department may deem
53 advisable subject to supervision and regulation as provided in section
54 96-z-42 of this article.
55 2. Prior to the taking from uncertified shellfish lands of this state
56 for transplanting or other purposes, a permit shall be obtained from the
A. 8419 11
1 department and shall be issued for the taking of shellfish from a
2 specific area. Such permit shall be valid only during the period of
3 operations in the uncertified land for which the permit was issued. The
4 holder of such permit may not receive, sell, offer for sale, transport,
5 or ship any shellfish taken pursuant to this permit, except as provided
6 by regulations made pursuant to section 96-z-42 of this article.
7 3. Shellfish from certified or uncertified lands without the state
8 shall not be transplanted in this state or imported into this state for
9 such purposes unless a permit therefor has been obtained from the
10 department.
11 § 96-z-50. Oysters; prohibited acts. 1. No person shall sell or offer
12 for sale, any oysters, or label or brand any packages containing oysters
13 for shipment or sale under the name of blue point oysters, other than
14 oysters which have been planted and cultivated at least three months in
15 the waters of Great South Bay.
16 2. In no case shall oysters other than the species Crassostrea virgi-
17 nica be planted or transplanted in New York waters without procuring a
18 permit from the department.
19 3. The department may, until December thirty-first, two thousand thir-
20 teen, fix by regulation measures for the management of oysters (Family
21 Ostreidae) including size limits, catch and possession limits, open and
22 closed seasons, closed areas, restrictions on the manner of taking and
23 landing, requirements for permits and eligibility therefor, recordkeep-
24 ing and identification requirements, requirements on the amount and type
25 of fishing effort and gear, and requirements relating to transportation,
26 possession and sale, provided that such regulations are no less restric-
27 tive than requirements set forth in this article and in the environ-
28 mental conservation law.
29 § 96-z-51. Clams; prohibited acts. 1. Except for transplanting as
30 provided in section 96-z-49 of this article, no person shall take,
31 harvest, possess, sell, offer for sale or otherwise traffic in hard
32 clams (Mercenaria mercenaria) measuring less than one inch in thickness.
33 2. Hard clams less than one inch in thickness may be taken by shellf-
34 ish growers from leased or privately owned lands other than town lands
35 currently under cultivation by the grower for transplanting to other
36 such lands being cultivated by the same grower, and imported from anoth-
37 er state by a shellfish grower for transplanting to public or private or
38 leased lands under cultivation, provided a permit for each separate
39 transplanting operation is issued by the department subject to
40 provisions of sections 96-z-42 and 96-z-49 of this article. The permit,
41 providing for transplanting hard clams less than one inch in thickness,
42 shall be issued without fee. Such clams shall not be transported to a
43 point without the state.
44 3. Soft or steamer clams (Mya arenaria) less than one and one-half
45 inches in the longest diameter shall not be taken, possessed, bought,
46 sold or otherwise trafficked in.
47 4. a. Surf, sea, hen or skimmer clams (Spisula solidissima; Spisula
48 polynyma) less than three inches in the longest diameter shall not be
49 taken, possessed, bought, sold or otherwise trafficked in except that
50 such clams less than four inches in the longest diameter shall not be
51 taken from the waters of the Atlantic Ocean for use as food.
52 b. All surf, sea, hen or skimmer clams and ocean quahogs taken from
53 the waters of the marine and coastal district shall be landed in the
54 state of New York.
55 c. Boats of nonresidents may be licensed to take surf, sea, hen or
56 skimmer clams and ocean quahogs from the waters of the Atlantic Ocean
A. 8419 12
1 within the marine and coastal district in accordance with paragraph c of
2 subdivision three of section 96-z-46 of this article, provided that the
3 boat is registered in a state which accords reciprocal clamming privi-
4 leges to residents of this state and provided that the owner is a citi-
5 zen of the United States and a resident of a state according reciprocal
6 privileges to residents of this state. The license shall be issued in
7 the name of the boat and shall be on board during all licensed oper-
8 ations. The fee for said license shall be five hundred dollars per boat.
9 Each license shall expire on the thirty-first day of December next
10 succeeding its issue, and if it appears in the public interest the
11 department may suspend or cancel such license on ten days' notice in
12 writing to the holder thereof, except that in case of a taking from an
13 uncertified area, such suspension or cancellation may be without prior
14 notice.
15 d. Any individual, while participating in the operation of a licensed
16 boat, shall be exempt from the requirements of section 96-z-48 of this
17 article but shall not ship or sell shellfish taken by such boat without
18 first obtaining a shellfish shipper's permit as provided for in section
19 96-z-47-a of this article.
20 5. Clams shall be culled when taken in accordance with rules and regu-
21 lations promulgated by the commissioner. Clams which may not be taken,
22 possessed, offered for sale, sold or otherwise trafficked in pursuant to
23 the provisions of subdivision one, three or four of this section may
24 compose not to exceed three per centum of any bushel, package or
25 container, when unavoidably taken. Such three per centum shall be deter-
26 mined by the measurement of any bushel, or other package or container of
27 different measurement of clams taken from the catch or in the possession
28 of the person offering the same for sale.
29 6. Each bushel, or other package or container of different measurement
30 containing an excess of three per centum of clams which may not be
31 taken, possessed, offered for sale, sold or otherwise trafficked in
32 pursuant to the provisions of subdivision one, three or four of this
33 section determined by count shall constitute a separate violation.
34 7. It shall be unlawful to knowingly:
35 a. Transport, conceal or convey hard shell clams obtained or possessed
36 in contravention of the provisions of this article in, upon or by means
37 of any vehicle, vessel or aircraft; or
38 b. Conceal or possess hard shell clams obtained or possessed in
39 contravention of the provisions of this article in or upon any vehicle,
40 vessel or aircraft.
41 8. The department may, until December thirty-first, two thousand four-
42 teen, adopt by regulation measures for the management of hard clams
43 (Mercenaria mercenaria), soft or steamer clams (Mya arenaria), and razor
44 clams (Ensis sp.), including size limits, catch and possession limits,
45 open and closed seasons, closed areas, restrictions on the manner of
46 taking and landing, requirements for permits and eligibility therefor,
47 recordkeeping and identification requirements, requirements on the
48 amount and type of fishing effort and gear, and requirements relating to
49 transportation, possession and sale, provided that such regulations are
50 no less restrictive than requirements set forth in this article and in
51 the environmental conservation law.
52 § 96-z-52. Scallops; prohibited acts. The department may, until
53 December thirty-first, two thousand fourteen, adopt by regulation meas-
54 ures for the management of scallops (Family Pectinidae) including size
55 limits, catch and possession limits, open and closed seasons, closed
56 areas, restrictions on the manner of taking and landing, requirements
A. 8419 13
1 for permits and eligibility therefor, recordkeeping and identification
2 requirements, requirements on the amount and type of fishing effort and
3 gear, and requirements relating to transportation, possession and sale,
4 provided that such regulations are no less restrictive than requirements
5 set forth in this article and in the environmental conservation law.
6 § 96-z-53. Commercial licenses; limited entry. Commercial shellfish
7 licenses. Commercial shellfish licenses shall be issued as follows:
8 1. for the number of residential commercial shellfish licenses and the
9 number of non-residential commercial shellfish licenses shall not exceed
10 one thousand;
11 2. licenses shall be issued in the order in which the applications
12 were received;
13 3. licenses may be issued to individuals only;
14 4. licenses shall be issued to applicants who are sixteen years of age
15 or older at the time of the application; and
16 5. licenses shall be issued only to persons who demonstrate in a
17 manner acceptable to the department that they received an average of at
18 least fifteen thousand dollars or more than fifty percent of their annu-
19 al earned income over three consecutive years from commercial fishing or
20 fishing, or who successfully complete a commercial shellfish apprentice-
21 ship pursuant to subdivision seven of section 13-0328 of the environ-
22 mental conservation law. As used in this subdivision, "commercial fish-
23 ing" means the taking and sale of marine resources including fish,
24 shellfish, crustacea or other marine biota and "fishing" means commer-
25 cial fishing and carrying fishing passengers for hire. Individuals who
26 wish to qualify based on income from "fishing" must hold a valid marine
27 and coastal district party and charter boat license. No more than ten
28 percent of the licenses issued each year based on income eligibility
29 pursuant to this section shall be issued to applicants who qualify based
30 solely upon income derived from operation of or employment by a party or
31 charter boat.
32 § 6. Subdivision 5 of section 13-0303 of the environmental conserva-
33 tion law is amended to read as follows:
34 5. Franchises not transferable. Franchised lands under water held for
35 shellfish cultivation when returned to the state by default in payment
36 of taxes may not be assigned, reassigned, or transferred to a new owner
37 or owners. Such lands may be leased by the department for shellfish
38 cultivation as provided in section [13-0301] 96-z-44 of the agriculture
39 and markets law.
40 § 7. Subdivision 9 of section 71-0921 of the environmental conserva-
41 tion law, as added by chapter 640 of the laws of 1977, is amended to
42 read as follows:
43 9. Failure to give the department the prompt notification [required
44 under subdivision 10 of section 13-0301 of this chapter], when [the]
45 specified buoys or markers are destroyed. Each such misdemeanor shall be
46 punishable by imprisonment for not more than one year or by a fine of
47 not more than one thousand dollars, or by both such imprisonment and
48 fine.
49 § 8. Subparagraphs (i) and (ii) of paragraph 2 of subdivision (a) of
50 section 83 of the state finance law, subparagraph (i) as amended by
51 chapter 512 of the laws of 1994 and subparagraph (ii) as amended by
52 section 2 of part A of chapter 82 of the laws of 2002, are amended to
53 read as follows:
54 (i) Moneys collected pursuant to sections [13-0301, 13-0311 and
55 13-0315 of the environmental conservation law] 96-z-44, 96-z-47-a and
56 96-z-48 of the agriculture and markets law and all fines and penalties
A. 8419 14
1 collected pursuant to article seventy-one of [such] the environmental
2 conservation law for illegal acts relating to shellfish shall be depos-
3 ited in a special account within the conservation fund, to be known as
4 the marine resources account, and shall be available to the department
5 of environmental conservation, after appropriation, for the care,
6 management, protection and enlargement of marine fish and shellfish
7 resources.
8 (ii) Notwithstanding the provisions of subparagraph (i) of this para-
9 graph, moneys arising out of the application of subdivision fourteen of
10 section [13-0309 of the environmental conservation] 96-z-46 of the agri-
11 culture and markets law, shall be deposited in a special account within
12 the conservation fund, to be known as the surf clam/ocean quahog
13 account, and shall be available to the department of environmental
14 conservation, including contracts for such purposes with a New York
15 state institution of higher education currently involved in local marine
16 research, after appropriation, for the research and stock assessment of
17 surf clams and ocean quahogs. The department shall, at a minimum, under-
18 take two stock assessments and issue reports detailing the findings of
19 such assessments to the governor and legislature. The first stock
20 assessment shall be due no later than December thirty-first, two thou-
21 sand two. The second stock assessment shall be due no later than Decem-
22 ber thirty-first, two thousand four, and shall be conducted in an area
23 to be determined in consultation with the surf clam/ocean quahog manage-
24 ment advisory board.
25 § 9. Subdivision 9 of section 13-0308 of the environmental conserva-
26 tion law, as added by chapter 512 of the laws of 1994, is amended to
27 read as follows:
28 9. Nothing shall prohibit the department from adopting pursuant to
29 subdivision twelve of section [13-0309 of this article] 96-z-46 of the
30 agriculture and markets law, interim or emergency regulations pending
31 the preparation of the comprehensive long-term management plan and
32 adoption of regulations consistent with such plan, provided that such
33 interim or emergency regulations consider and maintain the economic
34 viability of the traditional established New York based commercial surf
35 clam/ocean quahog harvesting industry participants and New York surf
36 clam/ocean quahog processors and packers that rely on this fishery. For
37 the purposes of this section "traditional" shall mean prior to nineteen
38 hundred eighty-nine.
39 § 10. Subparagraph 4 of paragraph f of subdivision 4 of section
40 71-0907 of the environmental conservation law is amended to read as
41 follows:
42 (4) Any rakes, tongs, dredges, or device other than a boat or vehicle
43 used, or in possession for purpose of use, for the taking of shellfish
44 in violation of subdivisions [1 or 2] one or two of section [13-0309]
45 96-z-46 of the agriculture and markets law. For the purposes of this
46 paragraph "device" includes a bird, dog, or other animal used in or as
47 an aid in taking fish or wildlife, any jack light, spot light or other
48 artificial light other than a headlight attached in proper position to a
49 motor vehicle, any hunting appliance or apparatus and any fishing or
50 netting gear or tackle. This paragraph does not limit any power of
51 seizure pursuant to warrant.
52 § 11. Subdivisions 4 and 5 of section 71-0921 of the environmental
53 conservation law, as added by chapter 417 of the laws of 1996, subpara-
54 graphs 2 and 3 of paragraph b of subdivision 4 as amended by chapter 347
55 of the laws of 2007, are amended to read as follows:
56 4. a. Violations of:
A. 8419 15
1 (1) subdivision one of section [13-0309 of this chapter] 96-z-46 of
2 the agriculture and markets law involving the taking of shellfish from
3 uncertified shellfish lands, or the possession, transportation, sale or
4 trafficking in shellfish so taken;
5 (2) subdivision two of section [13-0309 of this chapter] 96-z-46 of
6 the agriculture and markets law involving the taking of shellfish
7 between sunset and sunrise;
8 (3) subdivision ten of section [13-0309 of this chapter] 96-z-46 of
9 the agriculture and markets law involving the possession of a stick
10 dredge after one prior conviction under such subdivision for such activ-
11 ity;
12 (4) subdivision one of section [13-0311 of this chapter] 96-z-48 of
13 the agriculture and markets law involving the taking of shellfish with-
14 out the required digger's permit;
15 (5) subdivision seven of section [13-0311 of this chapter] 96-z-48 of
16 the agriculture and markets law involving the taking of shellfish while
17 one's digger's permit is suspended or revoked;
18 (6) subdivision one of section [13-0315 of this chapter] 96-z-47-a of
19 the agriculture and markets law involving the processing, transporta-
20 tion, shipment or sale of shellfish without the required shipper's or
21 processor's permit;
22 (7) regulations promulgated by the department pursuant to section
23 [13-0319 of this chapter] 96-z-42 of the agriculture and markets law
24 involving the failure to tag or seal shellfish or the falsifying of any
25 information required on any tag or seal required by said regulations;
26 (8) subdivision five of section [13-0325 of this chapter] 96-z-51 of
27 the agriculture and markets law, regarding the taking of undersized
28 clams, where the taking involves more than twenty-four percentum of
29 clams of less than legal size;
30 (9) [subdivision two of] section [13-0327 of this chapter] 96-z-52 of
31 the agriculture and markets law, regarding the taking of undersized
32 scallops, where the taking involves more than twenty-four percentum of
33 scallops of less than legal size; and
34 (10) section 13-0344 of this chapter involving the dumping of objects
35 into the water after being signaled by a police officer or peace officer
36 to stop for inspection.
37 b. Each such misdemeanor identified in paragraph a of this subdivision
38 shall be punishable as follows:
39 (1) For a first conviction for any of the violations listed in para-
40 graph a of this subdivision, by imprisonment for not more than sixty
41 days, a fine of not less than two hundred fifty dollars nor more than
42 one thousand dollars plus, if applicable, an amount equal to the market
43 value of the shellfish involved in the violation, or by both such impri-
44 sonment and fine.
45 (2) For a second conviction for any of the violations listed in para-
46 graph a of this subdivision, by imprisonment for not more than ninety
47 days, a fine of not less than five hundred dollars nor more than twen-
48 ty-five hundred dollars plus, if applicable, an amount equal to three
49 times the market value of the shellfish involved in the violation, or by
50 both such imprisonment and fine.
51 (3) For a third or subsequent conviction for any of the violations
52 listed in paragraph a of this subdivision, by imprisonment for not more
53 than one hundred eighty days, a fine of not less than one thousand
54 dollars nor more than ten thousand dollars plus, if applicable, an
55 amount equal to three times the market value of the shellfish involved
56 in the violation, or by both such imprisonment and fine.
A. 8419 16
1 (4) Provided, further, that all equipment or conveyances used to
2 harvest, transport or traffic in such illegal shellfish may be forfeited
3 for any third or subsequent conviction of the above violations, in addi-
4 tion to such penalties or imprisonment. Such forfeiture shall be in
5 addition to any forfeiture authorized by section 71-0909 of this arti-
6 cle.
7 5. a. Violations of:
8 (1) subdivision three of section [13-0309 of this chapter] 96-z-46 of
9 the agriculture and markets law involving the illegal use of dredges,
10 scrapes or other devices operated by power or by boats propelled by
11 motor or other mechanical means for the purpose of taking shellfish;
12 (2) subdivision eight of section [13-0309 of this chapter] 96-z-46 of
13 the agriculture and markets law involving the operation, use or placing,
14 for whatever purpose, of dredges, rakes, tongs or other devices for the
15 taking of shellfish in uncertified shellfish lands after a prior
16 conviction under such subdivision for such activity;
17 (3) subdivision nine of section [13-0309 of this chapter] 96-z-46 of
18 the agriculture and markets law involving the altering, damaging, muti-
19 lating, moving or carrying away of buoys or markers used to designate
20 the uncertified waters of the state;
21 (4) subdivision five of section [13-0325 of this chapter] 96-z-51 of
22 the agriculture and markets law regarding the taking of undersized
23 clams, where the taking involves between ten and twenty-four percentum
24 of clams of less than legal size; and
25 (5) [subdivision two of] section [13-0327 of this chapter] 96-z-52 of
26 the agriculture and markets law, regarding the taking of undersized
27 scallops, where the taking involves between ten and twenty-four percen-
28 tum of scallops of less than legal size.
29 b. Each such misdemeanor identified in paragraph a of this subdivision
30 shall be punishable as follows:
31 (1) For a first conviction of any of the violations listed in para-
32 graph a of this subdivision, by imprisonment for not more than thirty
33 days, a fine of not less than two hundred fifty dollars nor more than
34 five hundred dollars plus, if applicable, an amount equal to the market
35 value of the shellfish involved in the violation, or by both such impri-
36 sonment and fine.
37 (2) For a second conviction for any of the violations listed in para-
38 graph a of this subdivision, by imprisonment not to exceed sixty days, a
39 fine of not less than five hundred dollars nor more than one thousand
40 dollars plus, if applicable, an amount equal to the market value of the
41 shellfish involved in the violation, or by both such imprisonment and
42 fine.
43 (3) For a third or subsequent conviction for any of the violations
44 listed in paragraph a of this subdivision, by imprisonment for not more
45 than one hundred eighty days, a fine of not less than one thousand
46 dollars nor more than five thousand dollars plus, if applicable, an
47 amount equal to the market value of the shellfish involved in the
48 violation, or by both such imprisonment and fine.
49 § 12. Subdivision 6 of section 71-0923 of the environmental conserva-
50 tion law, as added by chapter 417 of the laws of 1996, is amended to
51 read as follows:
52 6. A first conviction for a violation of subdivision eight of section
53 [13-0309 of this chapter] 96-z-46 of the agriculture and markets law,
54 involving devices for taking shellfish in uncertified lands, or a
55 violation of subdivision ten of section [13-0309 of this chapter] 96-z-
A. 8419 17
1 46 of the agriculture and markets law, involving possession of a stick
2 dredge, shall be punishable as a violation under this section.
3 § 13. Subdivisions 7-a, 7-b and 8 of section 71-0925 of the environ-
4 mental conservation law, subdivision 7-a as amended by chapter 284 of
5 the laws of 2004 and subdivision 7-b as added by chapter 441 of the laws
6 of 1977 and as renumbered by chapter 284 of the laws of 2004, are
7 amended to read as follows:
8 7-a. If the violation was a violation of subdivision [1 or 2] one or
9 two of section [13-0309, or section 13-0323 or 13-0327] 96-z-46, or
10 section 96-z-50 or 96-z-52 of the agriculture and markets law, or
11 section 13-0344 of this chapter, not less than two hundred fifty dollars
12 nor more than one thousand dollars for each offense;
13 7-b. If the violation was a violation of subdivision one or two of
14 section [13-0325 of this chapter] 96-z-51 of the agriculture and markets
15 law there shall be a minimum penalty of twenty-five dollars and a maxi-
16 mum of two hundred fifty dollars per container or bushel involved in the
17 violation.
18 8. If a violation of subdivisions [1 or 2] one or two of section
19 [13-0309] 96-z-46 of the agriculture and markets law occurs during the
20 time when a permit or license to take shellfish has been suspended or
21 revoked pursuant to the provisions of subdivision [3] three of section
22 [13-0311] 96-z-48 of the agriculture and markets law or subparagraph
23 [(3)] 3 of paragraph b of subdivision 1 of section 11-0719 of this chap-
24 ter, not less than five hundred dollars nor more than fifteen hundred
25 dollars for each offense, and in addition the forfeiture to the state of
26 the tongs, rakes, dredges or devices other than boats used by or in
27 connection with such illegal taking;
28 § 14. Subdivisions 1 and 4 of section 71-0927 of the environmental
29 conservation law, subdivision 1 as amended by chapter 284 of the laws of
30 2004 and subdivision 4 as added by chapter 315 of the laws of 1992 and
31 as renumbered by chapter 284 of the laws of 2004, are amended to read as
32 follows:
33 1. Anyone convicted of violating the prohibition against harvesting,
34 taking, possessing or transporting shellfish under facts and circum-
35 stances meeting the criteria for imposition of sanctions pursuant to
36 subdivision 3 of section 71-0924 of this title; or anyone convicted two
37 or more times within five years of violating the prohibition against
38 harvesting, taking, possessing or transporting shellfish under facts and
39 circumstances meeting the criteria for imposition of sanctions pursuant
40 to subdivision 2 of section 71-0924 of this title, [or of violating
41 subdivision 1 or 2, paragraph e or f of subdivision 3, subdivision 6, 8,
42 9, 10, 11, or 13 of section 13-0309,] section 13-0317, [subdivision 2 of
43 section 13-0323, section 13-0325, subdivision 3 or 5 of section
44 13-0327,] or section 13-0344 of this chapter, or of violating subdivi-
45 sion one or two, paragraph e or f of subdivision three, subdivision six,
46 eight, nine, ten, eleven or thirteen of section 96-z-46 or subdivision
47 two of section 96-z-50, section 96-z-51 or section 96-z-52 of the agri-
48 culture and markets law shall have his license to take and land shellf-
49 ish revoked and shall not be relicensed for a minimum of five years
50 thereafter, in addition to any other sanction imposed pursuant to this
51 article.
52 4. The provisions of this section shall be in addition to the ability
53 of the department to suspend licenses pursuant to section [13-0309,
54 13-0311 or] 13-0329 of this chapter, or 96-z-46 or 96-z-48 of the agri-
55 culture and markets law or any other provision of law. Revocations
A. 8419 18
1 pursuant to this section shall be automatic upon the second conviction
2 and shall not require any hearing for the revocation.
3 § 15. Section 13-0317 of the environmental conservation law is amended
4 to read as follows:
5 § 13-0317. Shipping tags.
6 All persons transporting, importing, exporting or otherwise distribut-
7 ing shellfish shall label or tag the same as provided under section
8 [13-0319] 96-z-42 of the agriculture and markets law.
9 § 16. This act shall take effect immediately.
