§ 13-0325. Clams; prohibited acts.\n 1. Except for transplanting as provided in section 13-0321, no person\nshall take, harvest, possess, sell, offer for sale or otherwise\ntrafficked in hard clams (Mercenaria mercenaria) measuring less than one\ninch in thickness.\n 2. Hard clams less than one inch in thickness may be taken by\nshellfish growers from leased or privately owned lands other than town\nlands currently under cultivation by the grower for transplanting to\nother such lands being cultivated by the same grower, and imported from\nanother state by a shellfish grower for transplanting to public or\nprivate or leased lands under cultivation, provided a permit for each\nseparate transplanting operation is issued by the department subject to\nprovisions of sections 13-0319 and 13-0321. The permit, providing for\ntransplanting hard clams less than one inch in thickness, shall be\nissued without fee. Such clams shall not be transported to a point\nwithout the state.\n 3. Soft or steamer clams (Mya arenaria) less than one and one-half\ninches in the longest diameter shall not be taken, possessed, bought,\nsold or otherwise trafficked in.\n 4. a. Surf, sea, hen or skimmer clams (Spisula solidissima; Spisula\npolynyma) less than three inches in the longest diameter shall not be\ntaken, possessed, bought, sold, or otherwise trafficked in except that\nsuch clams less than four inches in the longest diameter shall not be\ntaken from the waters of the Atlantic Ocean for use as food.\n b. All surf, sea, hen or skimmer clams and ocean quahogs taken from\nthe waters of the marine and coastal district shall be landed in the\nstate of New York.\n c. Boats of nonresidents may be licensed to take surf, sea, hen or\nskimmer clams and ocean quahogs from the waters of the Atlantic Ocean\nwithin the marine and coastal district in accordance with paragraph c of\nsubdivision three of section 13-0309 hereof, provided that the boat is\nregistered in a state which accords reciprocal clamming privileges to\nresidents of this state and provided that the owner is a citizen of the\nUnited States and a resident of a state according reciprocal privileges\nto residents of this state. The license shall be issued in the name of\nthe boat and shall be on board during all licensed operations. The fee\nfor said license shall be five hundred dollars per boat. Each license\nshall expire on the thirty-first day of December next succeeding its\nissue, and if it appears in the public interest the department may\nsuspend or cancel such license on ten days notice in writing to the\nholder thereof, except that in case of a taking from an uncertified\narea, such suspension or cancellation may be without prior notice.\n d. Any individual, while participating in the operation of a licensed\nboat, shall be exempt from the requirements of section 13-0311 but shall\nnot ship or sell shellfish taken by such boat without first obtaining a\nshellfish shipper's permit as provided for in section 13-0315.\n 5. Clams shall be culled when taken in accordance with rules and\nregulations promulgated by the commissioner. Clams which may not be\ntaken, possessed, offered for sale, sold or otherwise trafficked in\npursuant to the provisions of subdivision 1, 3 or 4 of this section may\ncompose not to exceed three per centum of any bushel, package or\ncontainer, when unavoidably taken. Such three per centum shall be\ndetermined by the measurement of any bushel, or other package or\ncontainer of different measurement of clams taken from the catch or in\nthe possession of the person offering the same for sale.\n 6. Each bushel, or other package or container of different measurement\ncontaining an excess of three per centum of clams which may not be\ntaken, possessed, offered for sale, sold or otherwise trafficked in\npursuant to the provisions of subdivision 1, 3 or 4 of this section\ndetermined by count shall constitute a separate violation.\n 7. It shall be unlawful to knowin
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