§ 13-0309. Taking, handling and importation of shellfish; general\n provisions.\n 1. a. Shellfish shall not be taken from uncertified lands except as\nprovided in sections 13-0319 and 13-0321.\n b. Shellfish from uncertified lands of other states shall not be\npossessed, transported or trafficked in within this state, except\npursuant to permit as provided in sections 13-0319 and 13-0321.\n c. Shellfish shall not be shipped or transported into this state\nexcept as provided in sections 13-0319 and 13-0321 unless such shellfish\nare harvested from certified shellfish lands whose quality is equivalent\nto or better than that described in regulations promulgated pursuant to\nsection 13-0319.\n 2. a. Shellfish shall not be taken from sunset to sunrise from any\nshellfish lands of this state.\n b. During the period from one hour after sunset until sunrise, no\nperson, except pursuant to a permit issued by the department, shall\npossess on board a vessel, or off-load from a vessel, more than the\nquantities of shellfish allowed to be possessed pursuant to subdivision\nfive of section 13-0311 of this title. Possession of shellfish during\nthe period from one hour after sunset until sunrise in quantities\nexceeding those set forth in subdivision five of section 13-0311 of this\ntitle shall be presumptive evidence of a violation of paragraph a of\nthis subdivision.\n 3. No dredge or scrape or other device operated by power or by boats\npropelled by motor or other mechanical means may be used for the taking\nof shellfish from public or unleased lands under water except that\n a. Sea scallops (Pecten magellanicus) may be taken from the waters of\nthe Atlantic Ocean by any means.\n b. In the taking of soft clams (Mya arenaria) on lands below low tide,\nthe practice of churning with a propeller may be employed.\n c. Surf, sea, hen or skimmer clams (Spisula solidissima; Spisula\npolynyma) and ocean quahogs (Arctica islandica) may be taken by\nmechanical means from the waters of the marine and coastal district,\nexcept as limited by any regulations promulgated pursuant to subdivision\ntwelve of this section.\n d. The department may permit the taking of shellfish for purposes of\ntransplanting only pursuant to section 13-0321, by mechanical means,\nexcept that in the waters of Richmond county the department may permit\nsuch taking in waters at a mean low water mark of thirty feet or more.\n e. Subject to the provisions of section 13-0327, bay scallops (Pecten\nirradians) may be taken with a dredge or scrape, having an opening at\nthe mouth not to exceed thirty-six inches in width, when towed by a boat\noperated by mechanical power, or other means provided that such dredge\nor scrape is brought aboard by hand power without the use of a\nmechanical device.\n f. The department may issue permits for the taking of mussels (Mytilus\nedulis) from underwater lands as hereinafter described by means of\ndredges not to exceed thirty-six inches in width, which may be equipped\nto be returned to boatside by means of power or mechanical devices.\nMussels (Mytilus edulis) may be taken by such means in the following\nareas:\n (1) In Long Island Sound generally easterly of a line extending due\nnorth from Herod Point on Long Island including those waters surrounding\nFishers Island.\n (2) In the Atlantic Ocean easterly of a line extending due south from\nthe rock jetty on the east side of Shinnecock Inlet.\n (3) In the bays with state-owned bottomland easterly from the Town of\nRiverhead to and including Block Island Sound.\n (4) The limit on mussels (Mytilus edulis) taken in such a manner is\nfifteen bushels per person per day, not to exceed thirty bushels taken\nper boat per day. Possession of other shellfish or possession of mussels\non a vessel possessing a dredge is presumptive evidence that such\nshellfish or mussels were taken by such dredge.\n g. In the taking of hard clams (Mercenaria mercenaria), a pot hauler\nmay be u
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.