S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2476

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 20, 2009
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

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:

  Section 1. Section 11-1909 of the environmental  conservation  law  is
REPEALED.
  S  2.  Sections  13-0301, 13-0305, 13-0309, 13-0311, 13-0313, 13-0315,
13-0319, 13-0321, 13-0323, 13-0325, and  13-0327  of  the  environmental
conservation law are REPEALED.
  S  3.  Paragraph a of subdivision 1 of section 11-1319 of the environ-
mental conservation law, as amended by chapter 193 of the laws of  1992,
is amended to read as follows:
  a.  This  section  governs  possession, transportation and sale of all
fish taken in waters of the state,  including  the  marine  and  coastal
district  except  (1)  trout and black bass raised under permit from the
department and identified as provided in section  [11-1909]  96-Z-41  OF
THE  AGRICULTURE  AND  MARKETS LAW, (2) fish taken from a farm fish pond
licensed as provided  in  section  11-1911,  and  (3)  fish  taken  from
licensed fishing preserve waters as provided in section 11-1913.
  S  4.  Subdivision 1 of section 11-1501 of the environmental conserva-
tion law, as amended by chapter 193 of the laws of 1992, is  amended  to
read as follows:
  1.  This title 15 of the Fish and Wildlife Law and regulations adopted
pursuant hereto do not apply to (a) the taking of  fish  by  angling  as
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.
                                                           LBD07683-02-9
              

S. 2476                             2

marine and coastal district as defined in section 13-0103, or in a trout
or black bass hatchery operated under  permit  from  the  department  as
provided  in  section  [11-1909]  96-Z-41 OF THE AGRICULTURE AND MARKETS
LAW,  or  in a farm fish pond licensed as provided in section 11-1911 or
in a fishing preserve licensed as provided in section 11-1913;  (c)  the
sale or taking for sale of bait fish named in section 11-1315.
  S  5. The agriculture and markets law is amended by adding a new arti-
cle 5-E to read as follows:
                               ARTICLE 5-E
                        REGULATION OF AQUACULTURE
SECTION 96-Z-40.   LEGISLATIVE INTENT.
        96-Z-41.   PRIVATE TROUT AND BLACK BASS HATCHERIES.
        96-Z-42.   SHELLFISH REGULATIONS.
        96-Z-43.   AQUACULTURE TASK FORCE.
        96-Z-44.   LEASE OF STATE-OWNED UNDERWATER LANDS  FOR  SHELLFISH
                     CULTIVATION.
        96-Z-45.   MARKING LANDS PROHIBITED; INJURY TO MONUMENTS.
        96-Z-46.   TAKING, HANDLING AND IMPORTATION OF SHELLFISH; GENER-
                     AL PROVISIONS.
        96-Z-47.   SHELLFISH GROWERS; DEFINITION; BED PERMIT.
        96-Z-47-A. SHELLFISH SHIPPER'S AND PROCESSOR'S PERMIT.
        96-Z-48.   DIGGER'S  PERMIT  TO  TAKE  SHELLFISH  FOR COMMERCIAL
                     PURPOSES; WHEN NOT REQUIRED.
        96-Z-49.   TAKING AND IMPORTATION OF SHELLFISH FOR TRANSPLANTING
                     AND OTHER PURPOSES.
        96-Z-50.   OYSTERS; PROHIBITED ACTS.
        96-Z-51.   CLAMS; PROHIBITED ACTS.
        96-Z-52.   SCALLOPS; PROHIBITED ACTS.
        96-Z-53.   COMMERCIAL LICENSES; LIMITED ENTRY.
  S 96-Z-40. LEGISLATIVE INTENT. THE LEGISLATURE FINDS AND DECLARES THAT
AQUACULTURE IS AMONG THE FASTEST GROWING SEGMENTS OF THE GLOBAL AGRICUL-
TURE MARKETS, WITH NEW YORK'S FISH-FARMING INDUSTRY SUPPLYING FISH TO  A
VARIETY  OF  MARKETS, AND THAT THIS BODY SHOULD SEEK WAYS TO DEVELOP THE
FISH-FARMING BUSINESS AS AN ALTERNATIVE CASH CROP FOR FARMS  ACROSS  THE
STATE.
  S 96-Z-41. PRIVATE TROUT AND BLACK BASS HATCHERIES. 1. THE DEPARTMENT,
IN  ITS  DISCRETION,  MAY  ISSUE  TO ANY PERSON A HATCHERY PERMIT, VALID
DURING THE CALENDAR YEAR OF ISSUE, TO PROPAGATE, RAISE AND  SELL  TROUT.
THE  DEPARTMENT SHALL ESTABLISH BY ORDER REGULATIONS GOVERNING THE IDEN-
TIFICATION AND TRANSPORTATION OF TROUT RAISED UNDER SUCH A PERMIT, OTHER
THAN BY INDIVIDUAL TAGGING, WHICH ARE OFFERED FOR SALE, SOLD  OR  TRANS-
PORTED.
  2. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE TO ANY PERSON A HATCH-
ERY PERMIT, VALID DURING THE CALENDAR YEAR OF ISSUE, TO PROPAGATE, RAISE
AND SELL BLACK BASS. THE DEPARTMENT SHALL ESTABLISH BY ORDER REGULATIONS
GOVERNING  THE  IDENTIFICATION  AND  TRANSPORTATION OF BLACK BASS RAISED
UNDER SUCH A PERMIT, OTHER THAN BY INDIVIDUAL TAGGING, WHICH ARE OFFERED
FOR SALE, SOLD OR TRANSPORTED.
  S 96-Z-42. SHELLFISH REGULATIONS.   THE  DEPARTMENT  MAY  ADOPT  REGU-
LATIONS WITH RESPECT TO THE HARVESTING, TRANSPLANTING, RELAYING, RECEIV-
ING, POSSESSING, TRANSPORTING, IMPORTING, EXPORTING, PROCESSING, BUYING,
SELLING  OF  OR  OTHERWISE  TRAFFICKING  IN  SHELLFISH;  THE LABELING OR
TAGGING THEREOF; THE KEEPING OF RECORDS OF  SHELLFISH  RECEIVED,  TRANS-
PORTED  AND DISTRIBUTED; AND THE CONSTRUCTION, OPERATION AND MAINTENANCE
OF ALL SHELLFISH HANDLING, PROCESSING AND  DISTRIBUTING  ESTABLISHMENTS,
INCLUDING FACILITIES AND EQUIPMENT AND THE CLEANING, CLEANSING AND WATER

S. 2476                             3

STORAGE OF SHELLFISH.  THE PROVISIONS OF THIS SECTION RELATING TO TRANS-
PLANTING  AND RELAYING SHALL INCLUDE, BUT NOT BE LIMITED TO, THE REMOVAL
OF SHELLFISH FROM UNCERTIFIED GROWING AREAS AND TRANSPLANTING TO  CERTI-
FIED  AREAS FOR SUBSEQUENT HARVEST FOR MARKET PURPOSES AND TRANSPLANTING
OF SCALLOPS PURSUANT TO SECTION 96-Z-49 OF THIS  ARTICLE.    SUCH  REGU-
LATIONS  MAY  PROVIDE FOR PAYMENT OF THE REASONABLE COSTS OF THE DEPART-
MENT OF SUPERVISION OF REMOVAL  OF  SHELLFISH  FROM  UNCERTIFIED  AREAS,
EXCEPT WHERE SUCH REMOVAL IS BEING UNDERTAKEN BY A MUNICIPALITY OR POLI-
TICAL  SUBDIVISION.  SUCH REGULATIONS SHALL BE DRAWN IN SUCH A MANNER AS
TO PROVIDE ADEQUATE SANITARY CONTROL OVER ALL SHELLFISH OFFERED FOR SALE
AND DISTRIBUTION IN THE  STATE.  SUCH  REGULATIONS  SHALL  NOT  BE  LESS
RESTRICTIVE THAN THE MINIMUM REQUIREMENTS OF ANY FEDERAL AGENCY REGULAT-
ING THE INTER-STATE SHIPMENT OF SHELLFISH.
  S  96-Z-43.  AQUACULTURE  TASK  FORCE. 1. AN AQUACULTURE TASK FORCE IS
HEREBY ESTABLISHED TO DETERMINE THE VIABILITY OF ADOPTING  A  REGULATORY
SYSTEM  WITH PROMOTION AND PROTECTION OF THE AQUACULTURE INDUSTRY AS ITS
GOAL FOR THE STATE.
  2. THE TASK FORCE SHALL CONSIST OF TEN MEMBERS, EACH TO  SERVE  FOR  A
TERM OF TWO YEARS, TO BE APPOINTED AS FOLLOWS: TWO SHALL BE APPOINTED BY
THE  TEMPORARY PRESIDENT OF THE SENATE AND TWO BY THE MINORITY LEADER OF
THE SENATE; TWO SHALL BE APPOINTED BY THE SPEAKER OF  THE  ASSEMBLY  AND
TWO  BY  THE MINORITY LEADER OF THE ASSEMBLY; AND TWO SHALL BE APPOINTED
BY THE GOVERNOR.  THE MEMBERS SHALL BE  BROADLY  REPRESENTATIVE  OF  THE
GEOGRAPHIC  AREAS  OF THE STATE AND INCLUDE REPRESENTATIVES OF THE AQUA-
CULTURE INDUSTRY, ETHNIC POPULATIONS, LOCAL GOVERNMENTS AND  THE  PUBLIC
AT  LARGE.    NO  MORE  THAN FOUR APPOINTEES SHALL BE LEGISLATORS.   THE
COMMISSIONER AND THE COMMISSIONER OF  ENVIRONMENTAL  CONSERVATION  SHALL
SERVE AS EX-OFFICIO MEMBERS.  VACANCIES IN THE MEMBERSHIP OF THE COMMIS-
SION  AND  AMONG ITS OFFICERS SHALL BE FILLED IN THE MANNER PROVIDED FOR
ORIGINAL APPOINTMENTS.
  3. THE TASK FORCE MAY EMPLOY AND AT PLEASURE REMOVE SUCH PERSONNEL  AS
IT MAY DEEM NECESSARY FOR THE PERFORMANCE OF ITS FUNCTIONS AND FIX THEIR
COMPENSATION WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR.
  4.  THE  MEMBERS  OF  THE TASK FORCE SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES HEREUNDER.
  5. TO THE MAXIMUM EXTENT FEASIBLE, THE TASK FORCE SHALL BE ENTITLED TO
REQUEST AND RECEIVE AND SHALL UTILIZE AND BE PROVIDED WITH SUCH  FACILI-
TIES,  RESOURCES,  AND  DATA  OF ANY COURT, DEPARTMENT, DIVISION, BOARD,
BUREAU, COMMISSION, OR AGENCY OF THE STATE OR ANY POLITICAL  SUBDIVISION
THEREOF  AS  IT  MAY REASONABLY REQUEST TO CARRY OUT PROPERLY ITS POWERS
AND DUTIES HEREUNDER.
  6. THE APPOINTING AUTHORITIES SHALL APPOINT THE MEMBERS  OF  THE  TASK
FORCE  WITHIN  NINETY DAYS OF THE EFFECTIVE DATE OF THIS SECTION AND THE
TASK FORCE SHALL CONVENE ITS FIRST MEETING WITHIN SIXTY DAYS THEREAFTER.
  7. THE TASK FORCE SHALL MAKE A PRELIMINARY REPORT TO THE GOVERNOR  AND
THE  LEGISLATURE  OF ITS FINDINGS, CONCLUSIONS AND RECOMMENDATIONS ON OR
BEFORE APRIL FIRST, TWO THOUSAND TEN AND A FINAL REPORT OF ITS FINDINGS,
CONCLUSIONS AND RECOMMENDATIONS NOT LATER  THAN  DECEMBER  THIRTY-FIRST,
TWO  THOUSAND  TEN,  AND  SHALL SUBMIT WITH ITS REPORTS SUCH LEGISLATIVE
PROPOSALS AS IT DEEMS NECESSARY TO IMPLEMENT ITS RECOMMENDATIONS.
  S 96-Z-44. LEASE OF STATE-OWNED UNDERWATER LANDS FOR SHELLFISH  CULTI-
VATION.   1. LEASES. A. EXCEPT AS PROVIDED IN PARAGRAPH B OF THIS SUBDI-
VISION, THE DEPARTMENT MAY LEASE STATE-OWNED UNDERWATER LANDS WITHIN THE
MARINE AND COASTAL DISTRICT FOR THE CULTIVATION OF SHELLFISH. THE  WRIT-

S. 2476                             4

TEN APPROVAL OF THE OFFICE OF GENERAL SERVICES SHALL BE OBTAINED FOR THE
LEASE OF LAND WITHIN FIVE HUNDRED FEET OF THE HIGH WATER MARK.
  B. THE FOLLOWING LANDS UNDERWATER SHALL NOT BE LEASED: (I) LANDS WHERE
THERE  IS  AN INDICATED PRESENCE OF SHELLFISH IN SUFFICIENT QUANTITY AND
QUALITY AND SO LOCATED AS TO SUPPORT SIGNIFICANT HAND RAKING OR  TONGING
HARVESTING;  (II)  LANDS  WHERE THE LEASING WILL RESULT IN A SIGNIFICANT
REDUCTION TO ESTABLISHED COMMERCIAL  FINFISH  OR  CRUSTACEAN  FISHERIES;
(III)  LANDS  WHERE  BAY SCALLOPS ARE PRODUCED REGULARLY ON A COMMERCIAL
BASIS; AND (IV) LANDS UNDERWATER OF GARDINER'S AND PECONIC BAYS AND  THE
TRIBUTARIES  THEREOF BETWEEN THE WESTERLY SHORE OF GREAT PECONIC BAY AND
AN EASTERLY LINE RUNNING FROM THE MOST EASTERLY POINT OF PLUM ISLAND  TO
GOFF POINT AT THE ENTRANCE OF NAPEAQUE HARBOR.
  2.  REGULATIONS.  A.  REGULATIONS  ADOPTED  BY  THE DEPARTMENT FOR THE
IMPLEMENTATION AND ADMINISTRATION OF THIS SECTION  SHALL  INCLUDE  REGU-
LATIONS  WITH  RESPECT TO LEASING FORMS AND PROCEDURES; PUBLIC NOTICE OF
LEASING; EXECUTION OF LEASES; MINIMUM RENTAL FEES;  BIDDING  PROCEDURES;
POSTING  AND FORFEITURE OF FINANCIAL SECURITY, RENEWALS, TERMINATION AND
ASSIGNMENT OF LEASES; MARKING AND TESTING  OF  GROUNDS;  MAINTENANCE  OF
BOUNDARY  MARKERS;  COLLECTION  OF RENTAL AND RECORDING FEES; SUBMISSION
AND APPROVAL OF CULTIVATION PLANS; HARVESTING GEAR; AND ACREAGE OF LANDS
TO BE LET AND TERM OF LEASES AND OTHER MATTERS PERTINENT  TO  UNDERWATER
LAND USE AND SHELLFISH CULTIVATION.
  B.  REGULATIONS  ADOPTED  BY THE DEPARTMENT FOR THE IMPLEMENTATION AND
ADMINISTRATION OF THIS SECTION SHALL INCLUDE THE FOLLOWING REQUIREMENTS:
(I) LEASES SHALL BE AWARDED AFTER PUBLIC AUCTION FOLLOWING  DUE  NOTICE;
(II)  LEASES  SHALL  BE AWARDED TO THE HIGHEST RESPONSIBLE BIDDER; (III)
BIDDERS SHALL PROVIDE A DETAILED CULTIVATION PLAN; AND (IV)  CULTIVATION
OF SHELLFISH SHALL COMMENCE WITHIN ONE YEAR OF THE AWARD OF THE LEASE.
  3. SUMMARY PROCEEDINGS. UPON FAILURE TO PAY THE RENTAL ON ANY DATE DUE
UNDER THE TERMS OF A LEASE OR UPON REVOCATION, THE DEPARTMENT MAY, AFTER
WRITTEN NOTICE TO THE LESSEE, DECLARE THE LEASE CANCELLED AS OF THE DATE
SET  FORTH  IN  SUCH  NOTICE,  AND  MAY IMMEDIATELY THEREAFTER EVICT THE
LESSEE FROM SUCH LANDS. THE PROVISIONS OF  ARTICLE  SEVEN  OF  THE  REAL
PROPERTY  ACTIONS  AND PROCEEDINGS LAW SHALL APPLY AND GOVERN THE PROCE-
DURE IN SUCH CASES.
  4. LIMITATIONS. THE COMMISSIONER OF GENERAL SERVICES SHALL  NOT  GRANT
OR  LEASE  LANDS  FOR  SHELLFISH  CULTIVATION.  THE  PUBLIC SHALL NOT BE
EXCLUDED FROM THE TAKING OF SHELLFISH FROM UNDERWATER LANDS  GRANTED  OR
LEASED  BY SUCH COMMISSIONER FOR OTHER PURPOSES; PROVIDED, HOWEVER, THAT
SHOULD ANY GRANT OR LEASE MADE  BY  SUCH  COMMISSIONER  FOR  SUCH  OTHER
PURPOSES  INCLUDE  LANDS  LEASED  BY THE DEPARTMENT FOR SHELLFISH CULTI-
VATION THE LESSEE FOR SHELLFISH CULTIVATION  SHALL  HAVE  THE  EXCLUSIVE
RIGHT  TO  USE AND TAKE SHELLFISH FROM SUCH LEASED LANDS FOR A PERIOD OF
TWO YEARS FROM THE DATE OF THE GRANT OR LEASE BY  SUCH  COMMISSIONER  OR
UNTIL  THE  EXPIRATION  OF THE SHELLFISH CULTIVATION LEASE, WHICHEVER IS
THE EARLIEST, AND MAY PRIOR TO THE EXPIRATION OF SUCH PERIOD, REMOVE AND
TRANSPLANT THE SHELLFISH FROM SUCH LANDS TO OTHER LANDS LEASED, OWNED OR
CONTROLLED BY SUCH LESSEE.
  S 96-Z-45. MARKING LANDS PROHIBITED;  INJURY  TO  MONUMENTS.    1.  NO
PERSON OTHER THAN THE LESSEE OR THE DEPARTMENT SHALL MARK OUT OR ENCLOSE
IN  ANY  MANNER,  ANY  STATE-OWNED  LANDS UNDER WATER FOR THE PURPOSE OF
PLANTING SHELLFISH THEREON OR EXCLUDING THE GENERAL PUBLIC THEREFROM.
  2. NO PERSON SHALL WILFULLY INJURE OR REMOVE ANY  MONUMENT,  STAKE  OR
BOUNDARY  MARKER  OF  ANY KIND, PLACED FOR THE PURPOSE OF DELINEATING OR
LOCATING STATE OWNED SHELLFISH LANDS EXCEPT BY AUTHORITY OF THE  DEPART-
MENT.

S. 2476                             5

  S 96-Z-46. TAKING,  HANDLING  AND  IMPORTATION  OF  SHELLFISH; GENERAL
PROVISIONS.  1. A. SHELLFISH SHALL NOT BE TAKEN FROM UNCERTIFIED  LANDS,
EXCEPT AS PROVIDED IN SECTIONS 96-Z-42 AND 96-Z-49 OF THIS ARTICLE.
  B.  SHELLFISH  FROM  UNCERTIFIED  LANDS  OF  OTHER STATES SHALL NOT BE
POSSESSED, TRANSPORTED OR TRAFFICKED IN WITHIN THIS STATE, EXCEPT PURSU-
ANT TO PERMIT AS PROVIDED IN SECTIONS 96-Z-42 AND 96-Z-49 OF THIS  ARTI-
CLE.
  C.  SHELLFISH  SHALL  NOT  BE  SHIPPED OR TRANSPORTED INTO THIS STATE,
EXCEPT AS PROVIDED IN SECTIONS 96-Z-42  AND  96-Z-49  OF  THIS  ARTICLE,
UNLESS SUCH SHELLFISH ARE HARVESTED FROM CERTIFIED SHELLFISH LANDS WHOSE
QUALITY  IS  EQUIVALENT  TO OR BETTER THAN THAT DESCRIBED IN REGULATIONS
PROMULGATED PURSUANT TO SECTION 96-Z-42 OF THIS ARTICLE.
  2. A. SHELLFISH SHALL NOT BE TAKEN FROM SUNSET  TO  SUNRISE  FROM  ANY
SHELLFISH LANDS OF THIS STATE.
  B.  DURING  THE  PERIOD  FROM  ONE HOUR AFTER SUNSET UNTIL SUNRISE, NO
PERSON, EXCEPT PURSUANT TO A PERMIT  ISSUED  BY  THE  DEPARTMENT,  SHALL
POSSESS  ON  BOARD  A  VESSEL,  OR OFF-LOAD FROM A VESSEL, MORE THAN THE
QUANTITIES OF SHELLFISH ALLOWED TO BE POSSESSED PURSUANT TO  SUBDIVISION
FIVE  OF SECTION 96-Z-48 OF THIS ARTICLE. POSSESSION OF SHELLFISH DURING
THE PERIOD FROM ONE  HOUR  AFTER  SUNSET  UNTIL  SUNRISE  IN  QUANTITIES
EXCEEDING THOSE SET FORTH IN SUBDIVISION FIVE OF SECTION 96-Z-48 OF THIS
ARTICLE  SHALL  BE PRESUMPTIVE EVIDENCE OF A VIOLATION OF PARAGRAPH A OF
THIS SUBDIVISION.
  3. NO DREDGE OR SCRAPE OR OTHER DEVICE OPERATED BY POWER OR  BY  BOATS
PROPELLED  BY MOTOR OR OTHER MECHANICAL MEANS MAY BE USED FOR THE TAKING
OF SHELLFISH FROM PUBLIC OR UNLEASED LANDS UNDER WATER, EXCEPT THAT:
  A. SEA SCALLOPS (PECTEN MAGELLANICUS) MAY BE TAKEN FROM THE WATERS  OF
THE ATLANTIC OCEAN BY ANY MEANS.
  B. IN THE TAKING OF SOFT CLAMS (MYA ARENARIA) ON LANDS BELOW LOW TIDE,
THE PRACTICE OF CHURNING WITH A PROPELLER MAY BE EMPLOYED.
  C. SURF, SEA, HEN OR SKIMMER CLAMS (SPISULA SOLIDISSIMA; SPISULA POLY-
NYMA)  AND  OCEAN QUAHOGS (ARCTICA ISLANDICA) MAY BE TAKEN BY MECHANICAL
MEANS FROM THE WATERS OF THE MARINE  AND  COASTAL  DISTRICT,  EXCEPT  AS
LIMITED BY ANY REGULATIONS PROMULGATED PURSUANT TO SUBDIVISION TWELVE OF
THIS SECTION.
  D.  THE  DEPARTMENT MAY PERMIT THE TAKING OF SHELLFISH FOR PURPOSES OF
TRANSPLANTING ONLY PURSUANT TO  SECTION  96-Z-49  OF  THIS  ARTICLE,  BY
MECHANICAL  MEANS,  EXCEPT  THAT  IN  THE  WATERS OF RICHMOND COUNTY THE
DEPARTMENT MAY PERMIT SUCH TAKING IN WATERS AT A MEAN LOW WATER MARK  OF
THIRTY FEET OR MORE.
  E.  SUBJECT  TO THE PROVISIONS OF SECTION 96-Z-52 OF THIS ARTICLE, BAY
SCALLOPS (PECTEN IRRADIANS) MAY BE TAKEN WITH A DREDGE OR SCRAPE, HAVING
AN OPENING AT THE MOUTH NOT TO EXCEED THIRTY-SIX INCHES IN  WIDTH,  WHEN
TOWED  BY  A  BOAT OPERATED BY MECHANICAL POWER, OR OTHER MEANS PROVIDED
THAT SUCH DREDGE OR SCRAPE IS BROUGHT ABOARD BY HAND POWER  WITHOUT  THE
USE OF A MECHANICAL DEVICE.
  F. THE DEPARTMENT MAY ISSUE PERMITS FOR THE TAKING OF MUSSELS (MYTILUS
EDULIS)  FROM UNDERWATER LANDS AS PROVIDED IN THIS PARAGRAPH BY MEANS OF
DREDGES NOT TO EXCEED THIRTY-SIX INCHES IN WIDTH, WHICH MAY BE  EQUIPPED
TO  BE  RETURNED  TO  BOATSIDE  BY MEANS OF POWER OR MECHANICAL DEVICES.
MUSSELS (MYTILUS EDULIS) MAY BE TAKEN BY SUCH  MEANS  IN  THE  FOLLOWING
AREAS:
  (I)  IN  LONG  ISLAND SOUND GENERALLY EASTERLY OF A LINE EXTENDING DUE
NORTH FROM HEROD POINT ON LONG ISLAND INCLUDING THOSE WATERS SURROUNDING
FISHERS ISLAND.

S. 2476                             6

  (II) IN THE ATLANTIC OCEAN EASTERLY OF A LINE EXTENDING DUE SOUTH FROM
THE ROCK JETTY ON THE EAST SIDE OF SHINNECOCK INLET.
  (III)  IN  THE BAYS WITH STATE-OWNED BOTTOMLAND EASTERLY FROM THE TOWN
OF RIVERHEAD TO AND INCLUDING BLOCK ISLAND SOUND.
  (IV) THE LIMIT ON MUSSELS (MYTILUS EDULIS) TAKEN IN SUCH A  MANNER  IS
FIFTEEN  BUSHELS  PER PERSON PER DAY, NOT TO EXCEED THIRTY BUSHELS TAKEN
PER BOAT PER DAY. POSSESSION OF OTHER SHELLFISH OR POSSESSION OF MUSSELS
ON A VESSEL POSSESSING  A  DREDGE  IS  PRESUMPTIVE  EVIDENCE  THAT  SUCH
SHELLFISH OR MUSSELS WERE TAKEN BY SUCH DREDGE.
  G.  IN  THE TAKING OF HARD CLAMS (MERCENARIA MERCENARIA), A POT HAULER
MAY BE USED ONBOARD A VESSEL TO ASSIST IN HAULING OR RETRIEVING  A  CLAM
RAKE  FROM THE WATER, PROVIDED THAT THE BASKET ATTACHED TO THE CLAM RAKE
SHALL NOT EXCEED TWENTY-SIX INCHES IN WIDTH. FOR THE  PURPOSES  OF  THIS
SECTION, "POT HAULER" SHALL MEAN A MECHANICALLY OPERATED DEVICE, INCLUD-
ING BUT NOT LIMITED TO A WINCH, REEL, WINDLASS OR CAPSTAN, WHICH IS USED
TO  HAUL  OR  RETRIEVE  A  CLAM RAKE FROM THE WATER AND RETURN IT TO THE
HARVEST VESSEL.
  4. NO PERSON SHALL TAKE, CARRY AWAY, INTERFERE WITH OR DISTURB SHELLF-
ISH OF ANOTHER, LAWFULLY POSSESSED, PLANTED OR  CULTIVATED;  NOR  REMOVE
ANY  STAKES,  BUOYS  OR BOUNDARY MARKS OF LAWFULLY POSSESSED, PLANTED OR
CULTIVATED LANDS. THE POSSESSION OF DREDGES, RAKES OR TONGS OVERBOARD ON
ANY SUCH LANDS SHALL BE DEEMED PRESUMPTIVE EVIDENCE OF  A  VIOLATION  OF
THIS SUBDIVISION.
  5.  ALL  BOATS, HOUSES AND OTHER PLACES, CONTAINERS AND EQUIPMENT USED
IN THE HANDLING OF SHELLFISH SHALL BE MAINTAINED IN A SANITARY CONDITION
AS PROVIDED IN SECTION 96-Z-42 OF THIS ARTICLE.
  6. SHELLFISH SHALL NOT BE TREATED BY THE PROCESS  KNOWN  AS  DRINKING,
FLOATING,  PLUMPING  OR  SWELLING, AND SHELLFISH SO TREATED SHALL NOT BE
POSSESSED, BOUGHT, SOLD OR EXPOSED FOR  SALE;  PROVIDED,  HOWEVER,  THAT
SHELLFISH  MAY BE RETAINED IN WATER STORAGE AS PROVIDED IN SECTION 96-Z-
42 OF THIS ARTICLE AND PROVIDED, FURTHER, THAT NOTHING IN  THIS  SECTION
SHALL  BE DEEMED TO PROHIBIT OR RENDER UNLAWFUL THE PRACTICE OF OFF-BOT-
TOM CULTURE OF SHELLFISH UNDER PERMIT ISSUED PURSUANT TO SECTION 13-0316
OF THE ENVIRONMENTAL CONSERVATION LAW.
  7. SHELLFISH IN THE SHELL, OR SHUCKED, SHALL NOT BE WASHED PREPARATORY
TO MARKETING EXCEPT BY THE USE OF WATER FROM A WATER SUPPLY APPROVED  BY
THE DEPARTMENT.
  8.  THE  OPERATION,  USE OR PLACING, FOR WHATEVER PURPOSE, OF DREDGES,
RAKES, TONGS OR OTHER DEVICES FOR THE TAKING OF SHELLFISH IN UNCERTIFIED
SHELLFISH LANDS, EXCEPT AS PROVIDED IN SECTIONS 96-Z-42 AND  96-Z-49  OF
THIS  ARTICLE  IS  PROHIBITED.  THE DEPARTMENT MAY SUSPEND OR CANCEL THE
DIGGER'S PERMIT OF ANY PERSON WHO IS CONVICTED OF A  VIOLATION  OF  THIS
SUBDIVISION OR WHO SIGNS AN ACKNOWLEDGMENT OF A VIOLATION OF THIS SUBDI-
VISION  FOR THE PURPOSE OF EFFECTING A SETTLEMENT BY CIVIL COMPROMISE OR
BY STIPULATION.
  9. NO PERSON SHALL IN ANY WAY ALTER, DAMAGE, MUTILATE, MOVE  OR  CARRY
AWAY  ANY BUOY OR MARKER PLACED BY THE DEPARTMENT THAT IS USED TO DESIG-
NATE, MARK OR DEFINE THE UNCERTIFIED WATERS OF THE STATE.
  10. THE DEPARTMENT MAY ISSUE PERMITS FOR THE  POSSESSION  OF  A  STICK
DREDGE  FOR  PURPOSES  IT MAY DEEM NECESSARY. NO PERSON WITHOUT A PERMIT
FROM THE DEPARTMENT SHALL POSSESS  A  STICK  DREDGE  IN  NASSAU  COUNTY,
SUFFOLK COUNTY OR IN THE MARINE AND COASTAL DISTRICT. FOR THE PURPOSE OF
THIS  SECTION,  A  "STICK  DREDGE" SHALL BE ANY TOOTH-BASKET COMBINATION
DREDGING DEVICE WHOSE CONSTRUCTION SHALL ALLOW FOR THE INSTALLATION OF A
STICK OR STICKS OF ANY TYPE MATERIAL WHOSE  PURPOSE  IS  TO  PERMIT  THE
DIRECTION  OF  FORCE UPON SUCH DEVICE AND WHICH IS COMMONLY USED FOR THE

S. 2476                             7

TAKING OF MERCENARIA MERCENARIA BY BEING TOWED EITHER DIRECTLY OR  INDI-
RECTLY BY A MOTORBOAT WHICH HAS ITS ENGINE ENGAGED.
  11. NO PERSON WITHOUT A PERMIT FROM THE DEPARTMENT SHALL POSSESS RAKES
OR  TONGS,  OF THE TYPE AND DESIGN NORMALLY USED BY SHELLFISH HARVESTERS
FOR HARVESTING SHELLFISH FROM SHELLFISH LANDS, IN NASSAU COUNTY, SUFFOLK
COUNTY OR THE MARINE AND COASTAL DISTRICT EXCEPT:
  A. HAND OPERATED TONGS HAVING TEETH IN THE HEADS SPACED NOT LESS  THAN
ONE  INCH  APART  AND  THE BASKET ATTACHED TO SUCH TONGS HAVING BARS NOT
LESS THAN FIFTEEN-SIXTEENTHS OF AN INCH APART, OR
  B. HAND OPERATED RAKES HAVING TEETH SPACED  NOT  LESS  THAN  ONE  INCH
APART  AND  THE  BASKET  ATTACHED TO SUCH RAKE HAVING BARS NOT LESS THAN
FIFTEEN-SIXTEENTHS OF AN INCH APART.
  RAKES OR TONGS HAVING WIRE NETTING OR OTHER MATERIAL BETWEEN THE TEETH
OR BARS SHALL NOT BE USED.
  12. NOTWITHSTANDING ANY OTHER PROVISION OF THIS  CHAPTER  OR  RULE  OR
REGULATION,  THE  DEPARTMENT  SHALL  FIX  BY  REGULATIONS  OPEN SEASONS,
HARVEST  AREAS,  SIZE  LIMITS,  CATCH  LIMITS,  MANNER  OF  TAKING   AND
POSSESSION, TRANSPORTATION, IDENTIFICATION, SALE AND PERMIT REQUIREMENTS
FOR SURF, SEA, HEN AND SKIMMER CLAMS (SPISULA SOLIDISSIMA, SPISULA POLY-
NYMA) AND OCEAN QUAHOGS (ARCTICA ISLANDICA). SUCH REGULATION MAY PROVIDE
FOR, BUT NOT BE LIMITED TO THE FOLLOWING:
  A.  A  DAILY  CATCH  LIMIT  FOR SURF CLAMS NOT TO EXCEED EIGHT HUNDRED
NINETY-SIX BUSHELS OR TWENTY-EIGHT CAGES PER VESSEL AND  A  DAILY  CATCH
LIMIT  FOR  OCEAN QUAHOGS NOT TO EXCEED EIGHT HUNDRED NINETY-SIX BUSHELS
OR TWENTY-EIGHT CAGES PER VESSEL, REGARDLESS OF THE NUMBER OF PERMITTEES
ABOARD SUCH VESSEL;
  B. REQUIREMENTS WITH RESPECT TO NUMBER OF VESSELS  WHICH  MAY  PARTIC-
IPATE IN THE SURF CLAM AND OCEAN QUAHOG FISHERY;
  C.  LIMITATIONS  ON  HARVEST WITHIN SPECIFIED PERIODS OF TIME, SUCH AS
WEEKLY AND DAILY HARVEST LIMITS, DESIGNED TO MINIMIZE THE NUMBER OF  AND
THE DURATION OF CLOSURES;
  D.  QUALIFICATION OF APPLICANTS AND VESSELS TO PARTICIPATE IN THE SURF
CLAM AND OCEAN QUAHOG FISHERY;
  E. THE REGULATIONS SHALL TAKE INTO CONSIDERATION AND ATTEMPT TO  MAIN-
TAIN  THE ECONOMIC VIABILITY OF THOSE PORTIONS OF THE SURF CLAM HARVEST-
ING AND PROCESSING INDUSTRY THAT HAVE A LONGSTANDING INVESTMENT  IN  THE
DOMESTIC SURF CLAM INDUSTRY; AND
  F.  THE REGULATIONS SHALL TAKE INTO CONSIDERATION AND ATTEMPT TO MAIN-
TAIN THE ECONOMIC VIABILITY OF  THE  TRADITIONAL  ESTABLISHED  NEW  YORK
BASED  COMMERCIAL SURF CLAM/OCEAN QUAHOG HARVESTING INDUSTRY, PROCESSORS
AND PACKERS THAT RELY ON THIS FISHERY.
  13. POSSESSION OF SHELLFISH ON A VESSEL EQUIPPED WITH A DREDGE, SCRAPE
OR OTHER DEVICE OPERATED BY POWER AND CAPABLE  OF  BEING  USED  FOR  THE
TAKING  OF  SHELLFISH, EXCEPT A SCALLOP DREDGE AS DEFINED IN PARAGRAPH E
OF SUBDIVISION THREE OF THIS SECTION, IS PRESUMPTIVE EVIDENCE THAT  SUCH
SHELLFISH WERE TAKEN BY THE USE OF SUCH DREDGE, SCRAPE OR OTHER DEVICE.
  14.  THE  DEPARTMENT, UNTIL APRIL FIRST, TWO THOUSAND ELEVEN, SHALL BE
ENTITLED TO COLLECT FIFTEEN CENTS PER BUSHEL OF SURF CLAMS AND TEN CENTS
PER BUSHEL OF OCEAN QUAHOGS TAKEN FROM ALL CERTIFIED WATERS TO BE DEPOS-
ITED IN THE SURF CLAM/OCEAN QUAHOG ACCOUNT AS PROVIDED IN SECTION EIGHT-
Y-THREE OF THE STATE FINANCE LAW.
  15. UNLESS AND UNTIL REGULATIONS ARE ADOPTED IMPLEMENTING A COMPREHEN-
SIVE LONG-TERM MANAGEMENT PLAN FOR THE  PROTECTION  OF  SURF  CLAMS  AND
OCEAN  QUAHOGS  IN NEW YORK WATERS PREPARED IN CONJUNCTION WITH THE SURF
CLAM/OCEAN QUAHOG MANAGEMENT ADVISORY BOARD PURSUANT TO SECTION  13-0308
OF  THE ENVIRONMENTAL CONSERVATION LAW, THE FOLLOWING RESTRICTIONS SHALL

S. 2476                             8

APPLY IN ADDITION TO ANY CONSISTENT REGULATIONS  ADOPTED  PRIOR  TO  THE
DATE UPON WHICH SUCH SECTION SHALL TAKE EFFECT:
  A. A WEEKLY CATCH LIMIT NOT TO EXCEED TWENTY-EIGHT CAGES;
  B. AN ANNUAL CATCH LIMIT IN CERTIFIED WATERS OF THE ATLANTIC OCEAN FOR
SURF CLAMS NOT TO EXCEED FIVE HUNDRED THOUSAND BUSHELS IN THE AGGREGATE;
  C.  AN  ANNUAL CATCH LIMIT IN CERTIFIED WATERS OTHER THAN THE ATLANTIC
OCEAN FOR SURF CLAMS NOT TO EXCEED FIFTY THOUSAND BUSHELS IN THE  AGGRE-
GATE; AND
  D.  REQUIRING  PERMITTEES  TO  REPORT  ON A WEEKLY BASIS THE NUMBER OF
BUSHELS HARVESTED IN THE PREVIOUS SEVEN DAY PERIOD, AND PROVIDE THAT THE
FAILURE TO FILE SUCH WEEKLY REPORT MAY RESULT IN THE REVOCATION OF  SUCH
PERSON'S PERMIT BY THE DEPARTMENT.
  S 96-Z-47. SHELLFISH  GROWERS;  DEFINITION; BED PERMIT.  1. ANY PERSON
RESIDENT IN THIS STATE ONE YEAR OR MORE MAY ENGAGE  IN  THE  CULTIVATION
AND  MARKETING OF SHELLFISH SUBJECT TO THE PROVISIONS OF SECTION 13-0307
OF THE ENVIRONMENTAL CONSERVATION LAW, AND SECTIONS 96-Z-42, 96-Z-46 AND
96-Z-48 OF THIS ARTICLE AND SHALL BE KNOWN AS A GROWER.
  2. A GROWER SHALL NOT TAKE SHELLFISH, FOR SHIPPING OR  MARKETING  FROM
LANDS  OWNED,  LEASED  OR RENTED BY HIM OR HER EXCEPT UPON PERMIT OF THE
DEPARTMENT WHICH SHALL CERTIFY THAT  SUCH  LANDS  LIE  WITHIN  CERTIFIED
AREAS.  THE DEPARTMENT SHALL PRESCRIBE AND FURNISH FORMS FOR APPLICATION
FOR SUCH PERMITS.
  3. THE FEE FOR SUCH PERMIT SHALL BE TWENTY-FIVE CENTS  FOR  EACH  ACRE
FROM  WHICH SHELLFISH ARE TO BE TAKEN; PROVIDED, HOWEVER, THAT THE MINI-
MUM FEE SHALL BE FIVE DOLLARS. SUCH CERTIFICATES SHALL EXPIRE ON  DECEM-
BER THIRTY-FIRST OF THE YEAR OF ISSUE.
  4. IF IT APPEARS IN THE PUBLIC INTEREST, THE DEPARTMENT MAY SUSPEND OR
CANCEL ANY SUCH PERMIT.
  5.  WHERE  LANDS FOR WHICH SUCH PERMIT HAS BEEN ISSUED ARE FOUND TO BE
IN PART WITHIN AN UNCERTIFIED AREA, THE DEPARTMENT SHALL  ISSUE  WITHOUT
FEE, A NEW PERMIT COVERING THE REMAINING PORTION OF SUCH LANDS.
  6.  IN  CASE  OF  ASSIGNMENT OR TRANSFER OF RIGHTS OR OWNERSHIP OF ANY
PRIVATE OR LEASED LANDS UNDER WATER, OR  PARTS  THEREOF,  A  NEW  PERMIT
SHALL BE REQUIRED.
  S 96-Z-47-A. SHELLFISH  SHIPPER'S AND PROCESSOR'S PERMIT.  1. PRIOR TO
THE PROCESSING, TRANSPORTATION  OR  SHIPMENT  OF  SHELLFISH,  EITHER  IN
INTRA-STATE  OR  INTER-STATE  COMMERCE,  AN  APPROPRIATE PERMIT TO DO SO
SHALL BE OBTAINED FROM THE DEPARTMENT. SUCH PERMIT SHALL BE REQUIRED  OF
ALL SHIPPERS AND DEALERS IN FRESH AND FROZEN SHELLFISH WITHIN THE STATE,
EXCEPT  RETAIL  DEALERS,  AND  SHALL CERTIFY THAT THE HOLDER THEREOF HAS
COMPLIED WITH ALL THE REQUIREMENTS OF SECTIONS 96-Z-42, 96-Z-46, 96-Z-47
AND 96-Z-48 OF  THIS  ARTICLE,  SECTION  13-0317  OF  THE  ENVIRONMENTAL
CONSERVATION LAW, AND RULES AND REGULATIONS ADOPTED PURSUANT THERETO.
  2.  A  SHELLFISH  SHIPPER'S  AND/OR PROCESSOR'S PERMIT SHALL BE ISSUED
ONLY TO A PERSON EIGHTEEN YEARS OR OLDER. THE DEPARTMENT SHALL PRESCRIBE
AND FURNISH FORMS FOR APPLICATION FOR SUCH PERMIT.
  3. APPLICANTS SHALL PAY, AND  THE  DEPARTMENT  SHALL  BE  ENTITLED  TO
RECEIVE, FEES ACCORDING TO THE TYPE OF PERMIT ISSUED, AS FOLLOWS:
  A.  CLASS A PERMIT. THIS PERMIT SHALL ALLOW THE HOLDER THEREOF AND ANY
PERSON IN THE EMPLOY OF THE PERMIT  HOLDER,  IN  ACCORDANCE  WITH  REGU-
LATIONS  ADOPTED  PURSUANT  TO  SECTION 96-Z-42 OF THIS ARTICLE, TO: (I)
RESHIP SHELLFISH PREVIOUSLY SHIPPED BY THE HOLDER OF A CLASS A, B, C,  D
OR E PERMIT ISSUED PURSUANT TO THIS SECTION, OR SIMILAR PERMIT ISSUED BY
THE  SHELLFISH  SANITATION  CONTROL  AGENCY  OF ANOTHER STATE OR FOREIGN
COUNTRY; (II) PACK OR REPACK SHELLSTOCK RECEIVED FROM THE  HOLDER  OF  A
DIGGER'S  PERMIT,  PURSUANT TO SECTION 96-Z-48 OF THIS ARTICLE; OR (III)

S. 2476                             9

PACK OR REPACK SHELLSTOCK FROM THE HOLDER OF A CLASS A, B,  C,  D  OR  E
PERMIT  ISSUED PURSUANT TO THIS SECTION, OR SIMILAR PERMIT ISSUED BY THE
SHELLFISH SANITATION CONTROL AGENCY OF ANOTHER STATE OR FOREIGN COUNTRY.
THE FEE FOR A CLASS A PERMIT SHALL BE THREE HUNDRED DOLLARS.
  B.  CLASS B PERMIT. THIS PERMIT SHALL ALLOW THE HOLDER THEREOF AND ANY
PERSON IN THE EMPLOY OF THE PERMIT HOLDER TO ENGAGE  IN  THE  ACTIVITIES
AUTHORIZED  BY  A  CLASS  A  PERMIT, AS DESCRIBED IN PARAGRAPH A OF THIS
SUBDIVISION, AND TO OTHERWISE PROCESS SHELLFISH AS AUTHORIZED  BY  REGU-
LATIONS ADOPTED PURSUANT TO SECTION 96-Z-42 OF THIS ARTICLE. THE FEE FOR
A CLASS B PERMIT SHALL BE SIX HUNDRED DOLLARS.
  C.  CLASS C PERMIT. THIS PERMIT SHALL ALLOW THE HOLDER THEREOF AND ANY
PERSON IN THE EMPLOY OF THE PERMIT  HOLDER,  IN  ACCORDANCE  WITH  REGU-
LATIONS  ADOPTED  PURSUANT TO SECTION 96-Z-42 OF THIS ARTICLE, TO RESHIP
SHELLFISH PREVIOUSLY SHIPPED BY THE HOLDER OF A CLASS A, B, C,  D  OR  E
PERMIT  ISSUED PURSUANT TO THIS SECTION, OR SIMILAR PERMIT ISSUED BY THE
SHELLFISH SANITATION CONTROL AGENCY OF ANOTHER STATE OR FOREIGN COUNTRY.
THE FEE FOR A CLASS C PERMIT SHALL BE TWO HUNDRED DOLLARS.
  D. CLASS D PERMIT. THIS PERMIT SHALL  ALLOW  THE  HOLDER  THEREOF,  IN
ACCORDANCE  WITH REGULATIONS ADOPTED PURSUANT TO SECTION 96-Z-42 OF THIS
ARTICLE, TO SHIP SHELLSTOCK WHICH THE HOLDER HAS LEGALLY HARVESTED  FROM
SHELLFISH  LANDS  OF  THE  STATE.  THE FEE FOR A CLASS D PERMIT SHALL BE
SEVENTY-FIVE DOLLARS.
  E. CLASS E PERMIT. THIS PERMIT SHALL ALLOW THE HOLDER THEREOF, MEMBERS
OF THE PERMIT HOLDER'S IMMEDIATE FAMILY AND NOT MORE THAN TWO  EMPLOYEES
OF THE PERMIT HOLDER, IN ACCORDANCE WITH REGULATIONS ADOPTED PURSUANT TO
SECTION  96-Z-42  OF  THIS ARTICLE, TO SHUCK AND PACK BAY SCALLOPS WHICH
HAVE BEEN RECEIVED FROM THE HOLDER OF A  DIGGER'S  PERMIT,  PURSUANT  TO
SECTION  96-Z-48  OF THIS ARTICLE, AND TO SHIP SUCH SCALLOPS IN THE FORM
OF FRESH SHUCKED STOCK ONLY IN INTRASTATE COMMERCE. THE FEE FOR A  CLASS
E PERMIT SHALL BE FIFTY DOLLARS.
  F.  ALL  PERMITS  ISSUED  PURSUANT TO THIS SECTION SHALL EXPIRE ON THE
THIRTY-FIRST OF DECEMBER OF  THE  YEAR  OF  ISSUE.  THE  DEPARTMENT  MAY
SUSPEND  OR  REVOKE ANY SUCH PERMIT AT ANY TIME ON FAILURE OF THE HOLDER
THEREOF TO COMPLY WITH THE CONDITIONS THEREOF.
  S 96-Z-48. DIGGER'S PERMIT TO TAKE SHELLFISH FOR COMMERCIAL  PURPOSES;
WHEN  NOT  REQUIRED.    1.  SUBJECT TO THE PROVISIONS OF THIS ARTICLE, A
PERSON MAY TAKE SHELLFISH FROM  UNDER  WATER  LANDS  IN  THE  STATE  FOR
COMMERCIAL  PURPOSES,  INCLUDING THE CULLING, SORTING OR TAGGING OF SUCH
SHELLFISH, ONLY UPON FIRST OBTAINING A DIGGER'S PERMIT FROM THE  DEPART-
MENT,  PROVIDED,  HOWEVER,  THAT  THE  APPLICATION  FOR SUCH PERMIT BY A
PERSON SIXTEEN YEARS OF AGE OR UNDER SHALL BE SIGNED BY  HIS  PARENT  OR
LEGAL GUARDIAN, WHO SHALL THEREBY CONSENT TO THE ISSUANCE OF THE PERMIT.
  2.  THE  DEPARTMENT  SHALL PRESCRIBE AND FURNISH FORMS FOR APPLICATION
FOR SUCH PERMIT.
  3. THE FEE FOR SUCH PERMIT SHALL BE FIFTY DOLLARS FOR A  PERSON  DOMI-
CILED  WITHIN  THE  STATE.  THE FEE FOR PERSONS NOT DOMICILED WITHIN THE
STATE SHALL BE ONE HUNDRED FIFTY DOLLARS. SUCH PERMIT  SHALL  EXPIRE  ON
DECEMBER  THIRTY-FIRST OF THE YEAR OF ISSUE. IF IT APPEARS IN THE PUBLIC
INTEREST, THE DEPARTMENT MAY, AFTER HEARING HELD ON  TEN  DAYS'  NOTICE,
SUSPEND  OR CANCEL SUCH PERMITS, EXCEPT THAT IN CASE OF A TAKING FROM AN
UNCERTIFIED AREA SUCH SUSPENSION OR CANCELLATION MAY  BE  WITHOUT  PRIOR
NOTICE.
  4.  THE HOLDER OF SUCH PERMIT SHALL NOT SHIP OR SELL SHELLFISH, EXCEPT
TO A HOLDER OF A VALID CLASS A, B, OR E SHIPPER'S PERMIT, ISSUED  PURSU-
ANT TO SECTION 96-Z-47-A OF THIS ARTICLE, WHO HAS A PLACE OF BUSINESS IN
THE  COUNTY  OF  NASSAU  OR SUFFOLK, WITHOUT FIRST OBTAINING A SHIPPER'S

S. 2476                            10

PERMIT AS PROVIDED IN SUBDIVISION ONE OF SECTION 96-Z-47-A OF THIS ARTI-
CLE.
  5.  SUBJECT  TO  THE PROVISIONS OF THIS ARTICLE, A PERSON MAY, WITHOUT
PERMIT, TAKE NOT MORE THAN A TOTAL OF FOUR PECKS (ONE BUSHEL) OF SHELLF-
ISH OTHER THAN BAY SCALLOPS AND NOT MORE THAN FOUR PECKS OF BAY SCALLOPS
(ARGOPECTEN IRRADIANS) IN ANY ONE DAY FOR THE USE OF SUCH PERSON OR SUCH
PERSON'S FAMILY. WITHIN THE ONE BUSHEL TOTAL  LIMIT  OF  SPECIES,  OTHER
THAN  BAY SCALLOPS, WHICH MAY BE TAKEN IN ONE DAY THE FOLLOWING SPECIES-
SPECIFIC LIMITS SHALL APPLY:
  A. HARD CLAMS (MERCENARIA MERCENARIA). NOT MORE THAN ONE HUNDRED INDI-
VIDUAL ORGANISMS.
  B. BLUE MUSSELS (MYTILUS EDULIS). NOT MORE THAN TWO PECKS.
  C. OYSTERS (CRASSOSTREA VIRGINICA). NOT MORE THAN TWO PECKS.
  D. SOFT CLAMS (MYA ARENARIA). NOT MORE THAN TWO PECKS.
  6. THE HOLDER OF SUCH DIGGER'S PERMIT SHALL CARRY THE PERMIT  ASSIGNED
TO  SUCH HOLDER WHILE ENGAGED IN THE PERMITTED ACTIVITIES, AND THE FAIL-
URE BY SUCH HOLDER TO EXHIBIT THE PERMIT  TO  ANY  SHELLFISH  INSPECTOR,
ENVIRONMENTAL  CONSERVATION  OFFICER,  HEALTH  OFFICIAL,  PEACE OFFICER,
ACTING PURSUANT TO SUCH OFFICERS'  SPECIAL  DUTIES,  POLICE  OFFICER  OR
MAGISTRATE  SHALL  BE PRESUMPTIVE EVIDENCE THAT NO VALID DIGGER'S PERMIT
HAS BEEN ISSUED TO THE PERSON WHO FAILS TO PRODUCE SUCH PERMIT.
  7. NO PERSON SHALL TAKE SHELLFISH OR ASSIST ANOTHER IN THE  TAKING  OF
SHELLFISH  IN ANY QUANTITY, INCLUDING THE CULLING, SORTING OR TAGGING OF
SUCH SHELLFISH, DURING THE TIME THAT SUCH PERSON'S DIGGER'S PERMIT PRIV-
ILEGES HAVE BEEN REVOKED OR SUSPENDED.
  8. ENDORSED VESSELS. A. UPON APPLICATION TO THE  DEPARTMENT  ON  FORMS
FURNISHED BY THE DEPARTMENT, A SHELLFISH DIGGER'S PERMIT MAY BE ENDORSED
FOR  USE  ON  A  VESSEL,  IN  WHICH CASE SUCH PERMIT SHALL AUTHORIZE ALL
PERSONS ON BOARD SUCH VESSEL TO ENGAGE  IN  THE  TAKING  OF  HARD  CLAMS
(MERCENARIA  MERCENARIA)  AND OYSTERS (CRASSOSTREA VIRGINICA), INCLUDING
THE CULLING, SORTING, AND TAGGING OF SUCH  SHELLFISH.  EACH  APPLICATION
SHALL  INCLUDE  A  COPY  OF  ONE  OF THE FOLLOWING DOCUMENTS AS PROOF OF
VESSEL LENGTH: THE CERTIFICATE OF DOCUMENTATION FOR THE VESSEL ISSUED BY
THE UNITED STATES GOVERNMENT, OR THE REGISTRATION FOR THE VESSEL  ISSUED
BY ANY STATE GOVERNMENT WITHIN THE UNITED STATES.
  B. THE FEE FOR ENDORSING A SHELLFISH DIGGER'S PERMIT TO A VESSEL SHALL
BE  FIFTY  DOLLARS FOR A VESSEL THAT IS FORTY FEET OR LESS IN REGISTERED
LENGTH, AND ONE HUNDRED DOLLARS FOR A VESSEL THAT IS GREATER THAN  FORTY
FEET  IN  REGISTERED LENGTH. SUCH FEE SHALL BE IN ADDITION TO THE PERMIT
FEE PROVIDED FOR IN SUBDIVISION THREE OF THIS SECTION.
  C. NOT MORE THAN ONE RAKE, TONG OR OTHER SHELLFISH  HARVESTING  DEVICE
SHALL BE USED FOR THE TAKING OF HARD CLAMS AND OYSTERS AT ANY GIVEN TIME
PURSUANT TO A DIGGER'S PERMIT WHICH HAS BEEN ENDORSED TO A VESSEL.
  D.  A  SHELLFISH  DIGGER'S  PERMIT WHICH HAS BEEN ENDORSED TO A VESSEL
SHALL NOT COVER ANY PERSON WHOSE SHELLFISH  DIGGER'S  PERMIT  PRIVILEGES
HAVE BEEN REVOKED OR SUSPENDED.
  E.  THE  HOLDER OF A SHELLFISH DIGGER'S PERMIT WHICH HAS BEEN ENDORSED
TO A VESSEL SHALL BE ON BOARD SUCH VESSEL AT ALL TIMES WHEN  THE  VESSEL
IS BEING USED FOR THE TAKING OF HARD CLAMS AND OYSTERS.
  S 96-Z-49. TAKING  AND  IMPORTATION OF SHELLFISH FOR TRANSPLANTING AND
OTHER PURPOSES.  1. SHELLFISH MAY BE TAKEN  FROM  UNCERTIFIED  SHELLFISH
LANDS  FOR  TRANSPLANTING  OR  OTHER PURPOSES AS THE DEPARTMENT MAY DEEM
ADVISABLE SUBJECT TO SUPERVISION AND REGULATION AS PROVIDED  IN  SECTION
96-Z-42 OF THIS ARTICLE.
  2.  PRIOR TO THE TAKING FROM UNCERTIFIED SHELLFISH LANDS OF THIS STATE
FOR TRANSPLANTING OR OTHER PURPOSES, A PERMIT SHALL BE OBTAINED FROM THE

S. 2476                            11

DEPARTMENT AND SHALL BE ISSUED  FOR  THE  TAKING  OF  SHELLFISH  FROM  A
SPECIFIC  AREA.  SUCH  PERMIT  SHALL  BE VALID ONLY DURING THE PERIOD OF
OPERATIONS IN THE UNCERTIFIED LAND FOR WHICH THE PERMIT WAS ISSUED.  THE
HOLDER  OF SUCH PERMIT MAY NOT RECEIVE, SELL, OFFER FOR SALE, TRANSPORT,
OR SHIP ANY SHELLFISH TAKEN PURSUANT TO THIS PERMIT, EXCEPT AS  PROVIDED
BY REGULATIONS MADE PURSUANT TO SECTION 96-Z-42 OF THIS ARTICLE.
  3.  SHELLFISH  FROM  CERTIFIED  OR UNCERTIFIED LANDS WITHOUT THE STATE
SHALL NOT BE TRANSPLANTED IN THIS STATE OR IMPORTED INTO THIS STATE  FOR
SUCH  PURPOSES  UNLESS  A  PERMIT  THEREFOR  HAS  BEEN OBTAINED FROM THE
DEPARTMENT.
  S 96-Z-50. OYSTERS; PROHIBITED ACTS.  1. NO PERSON SHALL SELL OR OFFER
FOR SALE, ANY OYSTERS, OR LABEL OR BRAND ANY PACKAGES CONTAINING OYSTERS
FOR SHIPMENT OR SALE UNDER THE NAME OF BLUE POINT  OYSTERS,  OTHER  THAN
OYSTERS  WHICH HAVE BEEN PLANTED AND CULTIVATED AT LEAST THREE MONTHS IN
THE WATERS OF GREAT SOUTH BAY.
  2. IN NO CASE SHALL OYSTERS OTHER THAN THE SPECIES CRASSOSTREA  VIRGI-
NICA  BE  PLANTED OR TRANSPLANTED IN NEW YORK WATERS WITHOUT PROCURING A
PERMIT FROM THE DEPARTMENT.
  3. THE DEPARTMENT MAY, UNTIL DECEMBER THIRTY-FIRST, TWO THOUSAND ELEV-
EN, FIX BY REGULATION MEASURES FOR THE  MANAGEMENT  OF  OYSTERS  (FAMILY
OSTREIDAE)  INCLUDING SIZE LIMITS, CATCH AND POSSESSION LIMITS, OPEN AND
CLOSED SEASONS, CLOSED AREAS, RESTRICTIONS ON THE MANNER OF  TAKING  AND
LANDING,  REQUIREMENTS FOR PERMITS AND ELIGIBILITY THEREFOR, RECORDKEEP-
ING AND IDENTIFICATION REQUIREMENTS, REQUIREMENTS ON THE AMOUNT AND TYPE
OF FISHING EFFORT AND GEAR, AND REQUIREMENTS RELATING TO TRANSPORTATION,
POSSESSION AND SALE, PROVIDED THAT SUCH REGULATIONS ARE NO LESS RESTRIC-
TIVE THAN REQUIREMENTS SET FORTH IN THIS ARTICLE  AND  IN  THE  ENVIRON-
MENTAL CONSERVATION LAW.
  S 96-Z-51. CLAMS;  PROHIBITED  ACTS.    1. EXCEPT FOR TRANSPLANTING AS
PROVIDED IN SECTION 96-Z-49 OF  THIS  ARTICLE,  NO  PERSON  SHALL  TAKE,
HARVEST,  POSSESS,  SELL,  OFFER  FOR  SALE OR OTHERWISE TRAFFIC IN HARD
CLAMS (MERCENARIA MERCENARIA) MEASURING LESS THAN ONE INCH IN THICKNESS.
  2. HARD CLAMS LESS THAN ONE INCH IN THICKNESS MAY BE TAKEN BY  SHELLF-
ISH  GROWERS  FROM LEASED OR PRIVATELY OWNED LANDS OTHER THAN TOWN LANDS
CURRENTLY UNDER CULTIVATION BY THE GROWER  FOR  TRANSPLANTING  TO  OTHER
SUCH LANDS BEING CULTIVATED BY THE SAME GROWER, AND IMPORTED FROM ANOTH-
ER STATE BY A SHELLFISH GROWER FOR TRANSPLANTING TO PUBLIC OR PRIVATE OR
LEASED  LANDS  UNDER  CULTIVATION,  PROVIDED  A PERMIT FOR EACH SEPARATE
TRANSPLANTING  OPERATION  IS  ISSUED  BY  THE  DEPARTMENT   SUBJECT   TO
PROVISIONS OF SECTIONS 96-Z-42 AND 96-Z-49 OF THIS ARTICLE.  THE PERMIT,
PROVIDING  FOR TRANSPLANTING HARD CLAMS LESS THAN ONE INCH IN THICKNESS,
SHALL BE ISSUED WITHOUT FEE. SUCH CLAMS SHALL NOT BE  TRANSPORTED  TO  A
POINT WITHOUT THE STATE.
  3.  SOFT  OR  STEAMER  CLAMS (MYA ARENARIA) LESS THAN ONE AND ONE-HALF
INCHES IN THE LONGEST DIAMETER SHALL NOT BE  TAKEN,  POSSESSED,  BOUGHT,
SOLD OR OTHERWISE TRAFFICKED IN.
  4.  A.  SURF,  SEA, HEN OR SKIMMER CLAMS (SPISULA SOLIDISSIMA; SPISULA
POLYNYMA) LESS THAN THREE INCHES IN THE LONGEST DIAMETER  SHALL  NOT  BE
TAKEN,  POSSESSED,  BOUGHT,  SOLD OR OTHERWISE TRAFFICKED IN EXCEPT THAT
SUCH CLAMS LESS THAN FOUR INCHES IN THE LONGEST DIAMETER  SHALL  NOT  BE
TAKEN FROM THE WATERS OF THE ATLANTIC OCEAN FOR USE AS FOOD.
  B.  ALL  SURF,  SEA, HEN OR SKIMMER CLAMS AND OCEAN QUAHOGS TAKEN FROM
THE WATERS OF THE MARINE AND COASTAL DISTRICT SHALL  BE  LANDED  IN  THE
STATE OF NEW YORK.
  C.  BOATS  OF  NONRESIDENTS  MAY BE LICENSED TO TAKE SURF, SEA, HEN OR
SKIMMER CLAMS AND OCEAN QUAHOGS FROM THE WATERS OF  THE  ATLANTIC  OCEAN

S. 2476                            12

WITHIN THE MARINE AND COASTAL DISTRICT IN ACCORDANCE WITH PARAGRAPH C OF
SUBDIVISION  THREE OF SECTION 96-Z-46 OF THIS ARTICLE, PROVIDED THAT THE
BOAT IS REGISTERED IN A STATE WHICH ACCORDS RECIPROCAL  CLAMMING  PRIVI-
LEGES  TO RESIDENTS OF THIS STATE AND PROVIDED THAT THE OWNER IS A CITI-
ZEN OF THE UNITED STATES AND A RESIDENT OF A STATE ACCORDING  RECIPROCAL
PRIVILEGES  TO  RESIDENTS  OF THIS STATE. THE LICENSE SHALL BE ISSUED IN
THE NAME OF THE BOAT AND SHALL BE ON BOARD  DURING  ALL  LICENSED  OPER-
ATIONS. THE FEE FOR SAID LICENSE SHALL BE FIVE HUNDRED DOLLARS PER BOAT.
EACH  LICENSE  SHALL  EXPIRE  ON  THE  THIRTY-FIRST DAY OF DECEMBER NEXT
SUCCEEDING ITS ISSUE, AND IF IT  APPEARS  IN  THE  PUBLIC  INTEREST  THE
DEPARTMENT  MAY  SUSPEND  OR  CANCEL SUCH LICENSE ON TEN DAYS' NOTICE IN
WRITING TO THE HOLDER THEREOF, EXCEPT THAT IN CASE OF A TAKING  FROM  AN
UNCERTIFIED  AREA,  SUCH SUSPENSION OR CANCELLATION MAY BE WITHOUT PRIOR
NOTICE.
  D. ANY INDIVIDUAL, WHILE PARTICIPATING IN THE OPERATION OF A  LICENSED
BOAT,  SHALL  BE EXEMPT FROM THE REQUIREMENTS OF SECTION 96-Z-48 OF THIS
ARTICLE BUT SHALL NOT SHIP OR SELL SHELLFISH TAKEN BY SUCH BOAT  WITHOUT
FIRST  OBTAINING A SHELLFISH SHIPPER'S PERMIT AS PROVIDED FOR IN SECTION
96-Z-47-A OF THIS ARTICLE.
  5. CLAMS SHALL BE CULLED WHEN TAKEN IN ACCORDANCE WITH RULES AND REGU-
LATIONS PROMULGATED BY THE COMMISSIONER. CLAMS WHICH MAY NOT  BE  TAKEN,
POSSESSED, OFFERED FOR SALE, SOLD OR OTHERWISE TRAFFICKED IN PURSUANT TO
THE  PROVISIONS  OF  SUBDIVISION  ONE, THREE OR FOUR OF THIS SECTION MAY
COMPOSE NOT TO EXCEED  THREE  PER  CENTUM  OF  ANY  BUSHEL,  PACKAGE  OR
CONTAINER, WHEN UNAVOIDABLY TAKEN. SUCH THREE PER CENTUM SHALL BE DETER-
MINED BY THE MEASUREMENT OF ANY BUSHEL, OR OTHER PACKAGE OR CONTAINER OF
DIFFERENT MEASUREMENT OF CLAMS TAKEN FROM THE CATCH OR IN THE POSSESSION
OF THE PERSON OFFERING THE SAME FOR SALE.
  6. EACH BUSHEL, OR OTHER PACKAGE OR CONTAINER OF DIFFERENT MEASUREMENT
CONTAINING  AN  EXCESS  OF  THREE  PER  CENTUM OF CLAMS WHICH MAY NOT BE
TAKEN, POSSESSED, OFFERED FOR SALE,  SOLD  OR  OTHERWISE  TRAFFICKED  IN
PURSUANT  TO  THE  PROVISIONS  OF SUBDIVISION ONE, THREE OR FOUR OF THIS
SECTION DETERMINED BY COUNT SHALL CONSTITUTE A SEPARATE VIOLATION.
  7. IT SHALL BE UNLAWFUL TO KNOWINGLY:
  A. TRANSPORT, CONCEAL OR CONVEY HARD SHELL CLAMS OBTAINED OR POSSESSED
IN CONTRAVENTION OF THE PROVISIONS OF THIS ARTICLE IN, UPON OR BY  MEANS
OF ANY VEHICLE, VESSEL OR AIRCRAFT; OR
  B.  CONCEAL  OR  POSSESS  HARD  SHELL  CLAMS  OBTAINED OR POSSESSED IN
CONTRAVENTION OF THE PROVISIONS OF THIS ARTICLE IN OR UPON ANY  VEHICLE,
VESSEL OR AIRCRAFT.
  8.  THE  DEPARTMENT  MAY,  UNTIL  DECEMBER  THIRTY-FIRST, TWO THOUSAND
TWELVE, ADOPT BY REGULATION MEASURES FOR THE MANAGEMENT  OF  HARD  CLAMS
(MERCENARIA MERCENARIA), SOFT OR STEAMER CLAMS (MYA ARENARIA), AND RAZOR
CLAMS  (ENSIS  SP.), INCLUDING SIZE LIMITS, CATCH AND POSSESSION LIMITS,
OPEN AND CLOSED SEASONS, CLOSED AREAS, RESTRICTIONS  ON  THE  MANNER  OF
TAKING  AND  LANDING, REQUIREMENTS FOR PERMITS AND ELIGIBILITY THEREFOR,
RECORDKEEPING  AND  IDENTIFICATION  REQUIREMENTS,  REQUIREMENTS  ON  THE
AMOUNT AND TYPE OF FISHING EFFORT AND GEAR, AND REQUIREMENTS RELATING TO
TRANSPORTATION,  POSSESSION AND SALE, PROVIDED THAT SUCH REGULATIONS ARE
NO LESS RESTRICTIVE THAN REQUIREMENTS SET FORTH IN THIS ARTICLE  AND  IN
THE ENVIRONMENTAL CONSERVATION LAW.
  S  96-Z-52.  SCALLOPS;  PROHIBITED  ACTS.    THE DEPARTMENT MAY, UNTIL
DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE, ADOPT BY REGULATION MEASURES
FOR THE  MANAGEMENT  OF  SCALLOPS  (FAMILY  PECTINIDAE)  INCLUDING  SIZE
LIMITS,  CATCH  AND  POSSESSION  LIMITS, OPEN AND CLOSED SEASONS, CLOSED
AREAS, RESTRICTIONS ON THE MANNER OF TAKING  AND  LANDING,  REQUIREMENTS

S. 2476                            13

FOR  PERMITS  AND ELIGIBILITY THEREFOR, RECORDKEEPING AND IDENTIFICATION
REQUIREMENTS, REQUIREMENTS ON THE AMOUNT AND TYPE OF FISHING EFFORT  AND
GEAR,  AND REQUIREMENTS RELATING TO TRANSPORTATION, POSSESSION AND SALE,
PROVIDED THAT SUCH REGULATIONS ARE NO LESS RESTRICTIVE THAN REQUIREMENTS
SET FORTH IN THIS ARTICLE AND IN THE ENVIRONMENTAL CONSERVATION LAW.
  S  96-Z-53.  COMMERCIAL LICENSES; LIMITED ENTRY.  COMMERCIAL SHELLFISH
LICENSES. COMMERCIAL SHELLFISH LICENSES SHALL BE ISSUED AS FOLLOWS:
  1. FOR THE NUMBER OF RESIDENTIAL COMMERCIAL SHELLFISH LICENSES AND THE
NUMBER OF NON-RESIDENTIAL COMMERCIAL SHELLFISH LICENSES SHALL NOT EXCEED
ONE THOUSAND;
  2. LICENSES SHALL BE ISSUED IN THE ORDER  IN  WHICH  THE  APPLICATIONS
WERE RECEIVED;
  3. LICENSES MAY BE ISSUED TO INDIVIDUALS ONLY;
  4. LICENSES SHALL BE ISSUED TO APPLICANTS WHO ARE SIXTEEN YEARS OF AGE
OR OLDER AT THE TIME OF THE APPLICATION; AND
  5.  LICENSES  SHALL  BE  ISSUED  ONLY  TO PERSONS WHO DEMONSTRATE IN A
MANNER ACCEPTABLE TO THE DEPARTMENT THAT THEY RECEIVED AN AVERAGE OF  AT
LEAST FIFTEEN THOUSAND DOLLARS OR MORE THAN FIFTY PERCENT OF THEIR ANNU-
AL EARNED INCOME OVER THREE CONSECUTIVE YEARS FROM COMMERCIAL FISHING OR
FISHING, OR WHO SUCCESSFULLY COMPLETE A COMMERCIAL SHELLFISH APPRENTICE-
SHIP  PURSUANT  TO  SUBDIVISION SEVEN OF SECTION 13-0328 OF THE ENVIRON-
MENTAL CONSERVATION LAW. AS USED IN THIS SUBDIVISION, "COMMERCIAL  FISH-
ING"  MEANS  THE  TAKING  AND  SALE  OF MARINE RESOURCES INCLUDING FISH,
SHELLFISH, CRUSTACEA OR OTHER MARINE BIOTA AND "FISHING"  MEANS  COMMER-
CIAL  FISHING  AND CARRYING FISHING PASSENGERS FOR HIRE. INDIVIDUALS WHO
WISH TO QUALIFY BASED ON INCOME FROM "FISHING" MUST HOLD A VALID  MARINE
AND  COASTAL  DISTRICT  PARTY AND CHARTER BOAT LICENSE. NO MORE THAN TEN
PERCENT OF THE LICENSES ISSUED EACH YEAR  BASED  ON  INCOME  ELIGIBILITY
PURSUANT TO THIS SECTION SHALL BE ISSUED TO APPLICANTS WHO QUALIFY BASED
SOLELY UPON INCOME DERIVED FROM OPERATION OF OR EMPLOYMENT BY A PARTY OR
CHARTER BOAT.
  S  6.  Subdivision 5 of section 13-0303 of the environmental conserva-
tion law is amended to read as follows:
  5. Franchises not transferable. Franchised lands under water held  for
shellfish  cultivation  when returned to the state by default in payment
of taxes may not be assigned, reassigned, or transferred to a new  owner
or  owners.  Such  lands  may  be leased by the department for shellfish
cultivation as provided in section [13-0301] 96-Z-44 OF THE  AGRICULTURE
AND MARKETS LAW.
  S  7.  Subdivision 9 of section 71-0921 of the environmental conserva-
tion law, as added by chapter 640 of the laws of  1977,  is  amended  to
read as follows:
  9.  Failure  to  give the department the prompt notification [required
under subdivision 10 of section 13-0301 of  this  chapter],  when  [the]
specified buoys or markers are destroyed. Each such misdemeanor shall be
punishable  by  imprisonment  for not more than one year or by a fine of
not more than one thousand dollars, or by  both  such  imprisonment  and
fine.
  S  8.  Subparagraphs (i) and (ii) of paragraph 2 of subdivision (a) of
section 83 of the state finance law,  subparagraph  (i)  as  amended  by
chapter  512  of  the  laws  of 1994 and subparagraph (ii) as amended by
section 2 of part A of chapter 82 of the laws of 2002,  are  amended  to
read as follows:
  (i)  Moneys  collected  pursuant  to  sections  [13-0301,  13-0311 and
13-0315 of the environmental conservation law]  96-Z-44,  96-Z-47-A  AND
96-Z-48  OF  THE AGRICULTURE AND MARKETS LAW and all fines and penalties

S. 2476                            14

collected pursuant to article seventy-one of  [such]  THE  ENVIRONMENTAL
CONSERVATION  law for illegal acts relating to shellfish shall be depos-
ited in a special account within the conservation fund, to be  known  as
the  marine  resources account, and shall be available to the department
of  environmental  conservation,  after  appropriation,  for  the  care,
management,  protection  and  enlargement  of  marine fish and shellfish
resources.
  (ii) Notwithstanding the provisions of subparagraph (i) of this  para-
graph,  moneys arising out of the application of subdivision fourteen of
section [13-0309 of the environmental conservation law] 96-Z-46  OF  THE
AGRICULTURE  AND  MARKETS  LAW,  shall be deposited in a special account
within the conservation fund, to be known as the surf clam/ocean  quahog
account,  and  shall  be  available  to  the department of environmental
conservation, including contracts for such  purposes  with  a  New  York
state institution of higher education currently involved in local marine
research,  after appropriation, for the research and stock assessment of
surf clams and ocean quahogs. The department shall, at a minimum, under-
take two stock assessments and issue reports detailing the  findings  of
such  assessments  to  the  governor  and  legislature.  The first stock
assessment shall be due no later than December thirty-first,  two  thou-
sand  two. The second stock assessment shall be due no later than Decem-
ber thirty-first, two thousand four, and shall be conducted in  an  area
to be determined in consultation with the surf clam/ocean quahog manage-
ment advisory board.
  S  9.  Subdivision 9 of section 13-0308 of the environmental conserva-
tion law, as added by chapter 512 of the laws of  1994,  is  amended  to
read as follows:
  9.  Nothing  shall  prohibit  the department from adopting pursuant to
subdivision twelve of section [13-0309 of this article] 96-Z-46  OF  THE
AGRICULTURE  AND  MARKETS  LAW, interim or emergency regulations pending
the preparation of  the  comprehensive  long-term  management  plan  and
adoption  of  regulations  consistent with such plan, provided that such
interim or emergency regulations  consider  and  maintain  the  economic
viability  of the traditional established New York based commercial surf
clam/ocean quahog harvesting industry participants  and  New  York  surf
clam/ocean  quahog processors and packers that rely on this fishery. For
the purposes of this section "traditional" shall mean prior to  nineteen
hundred eighty-nine.
  S  10.  Subparagraph  4  of  paragraph  f  of subdivision 4 of section
71-0907 of the environmental conservation law  is  amended  to  read  as
follows:
  (4)  Any rakes, tongs, dredges, or device other than a boat or vehicle
used, or in possession for purpose of use, for the taking  of  shellfish
in  violation  of  subdivisions [1 or 2] ONE OR TWO of section [13-0309]
96-Z-46 OF THE AGRICULTURE AND MARKETS LAW.   For the purposes  of  this
paragraph  "device"  includes a bird, dog, or other animal used in or as
an aid in taking fish or wildlife, any jack light, spot light  or  other
artificial light other than a headlight attached in proper position to a
motor  vehicle,  any  hunting  appliance or apparatus and any fishing or
netting gear or tackle.   This paragraph does not  limit  any  power  of
seizure pursuant to warrant.
  S  11.  Subdivisions  4  and 5 of section 71-0921 of the environmental
conservation law, as added by chapter 417 of the laws of 1996,  subpara-
graphs 2 and 3 of paragraph b of subdivision 4 as amended by chapter 347
of the laws of 2007, are amended to read as follows:
  4. a. Violations of:

S. 2476                            15

  (1)  subdivision  one  of section [13-0309 of this chapter] 96-Z-46 OF
THE AGRICULTURE AND MARKETS LAW involving the taking of  shellfish  from
uncertified  shellfish lands, or the possession, transportation, sale or
trafficking in shellfish so taken;
  (2)  subdivision  two  of section [13-0309 of this chapter] 96-Z-46 OF
THE AGRICULTURE AND  MARKETS  LAW  involving  the  taking  of  shellfish
between sunset and sunrise;
  (3)  subdivision  ten  of section [13-0309 of this chapter] 96-Z-46 OF
THE AGRICULTURE AND MARKETS LAW involving  the  possession  of  a  stick
dredge after one prior conviction under such subdivision for such activ-
ity;
  (4)  subdivision  one  of section [13-0311 of this chapter] 96-Z-48 OF
THE AGRICULTURE AND MARKETS LAW involving the taking of shellfish  with-
out the required digger's permit;
  (5)  subdivision seven of section [13-0311 of this chapter] 96-Z-48 OF
THE AGRICULTURE AND MARKETS LAW involving the taking of shellfish  while
one's digger's permit is suspended or revoked;
  (6)  subdivision one of section [13-0315 of this chapter] 96-Z-47-A OF
THE AGRICULTURE AND MARKETS LAW involving  the  processing,  transporta-
tion,  shipment  or  sale of shellfish without the required shipper's or
processor's permit;
  (7) regulations promulgated by  the  department  pursuant  to  section
[13-0319  of  this  chapter]  96-Z-42 OF THE AGRICULTURE AND MARKETS LAW
involving the failure to tag or seal shellfish or the falsifying of  any
information required on any tag or seal required by said regulations;
  (8)  subdivision  five of section [13-0325 of this chapter] 96-Z-51 OF
THE AGRICULTURE AND MARKETS LAW,  regarding  the  taking  of  undersized
clams,  where  the  taking  involves  more than twenty-four percentum of
clams of less than legal size;
  (9) [subdivision two of] section [13-0327 of this chapter] 96-Z-52  OF
THE  AGRICULTURE  AND  MARKETS  LAW,  regarding the taking of undersized
scallops, where the taking involves more than twenty-four  percentum  of
scallops of less than legal size; and
  (10)  section 13-0344 of this chapter involving the dumping of objects
into the water after being signaled by a police officer or peace officer
to stop for inspection.
  b. Each such misdemeanor identified in paragraph a of this subdivision
shall be punishable as follows:
  (1) For a first conviction for any of the violations listed  in  para-
graph  a  of  this  subdivision, by imprisonment for not more than sixty
days, a fine of not less than two hundred fifty dollars  nor  more  than
one  thousand dollars plus, if applicable, an amount equal to the market
value of the shellfish involved in the violation, or by both such impri-
sonment and fine.
  (2) For a second conviction for any of the violations listed in  para-
graph  a  of  this subdivision, by imprisonment for not more than ninety
days, a fine of not less than five hundred dollars nor more  than  twen-
ty-five  hundred  dollars  plus, if applicable, an amount equal to three
times the market value of the shellfish involved in the violation, or by
both such imprisonment and fine.
  (3) For a third or subsequent conviction for  any  of  the  violations
listed  in paragraph a of this subdivision, by imprisonment for not more
than one hundred eighty days, a fine  of  not  less  than  one  thousand
dollars  nor  more  than  ten  thousand  dollars plus, if applicable, an
amount equal to three times the market value of the  shellfish  involved
in the violation, or by both such imprisonment and fine.

S. 2476                            16

  (4)  Provided,  further,  that  all  equipment  or conveyances used to
harvest, transport or traffic in such illegal shellfish may be forfeited
for any third or subsequent conviction of the above violations, in addi-
tion to such penalties or imprisonment.  Such  forfeiture  shall  be  in
addition  to  any forfeiture authorized by section 71-0909 of this arti-
cle.
  5. a. Violations of:
  (1) subdivision three of section [13-0309 of this chapter] 96-Z-46  OF
THE  AGRICULTURE  AND  MARKETS LAW involving the illegal use of dredges,
scrapes or other devices operated by power  or  by  boats  propelled  by
motor or other mechanical means for the purpose of taking shellfish;
  (2)  subdivision eight of section [13-0309 of this chapter] 96-Z-46 OF
THE AGRICULTURE AND MARKETS LAW involving the operation, use or placing,
for whatever purpose, of dredges, rakes, tongs or other devices for  the
taking  of  shellfish  in  uncertified  shellfish  lands  after  a prior
conviction under such subdivision for such activity;
  (3) subdivision nine of section [13-0309 of this chapter]  96-Z-46  OF
THE  AGRICULTURE AND MARKETS LAW involving the altering, damaging, muti-
lating, moving or carrying away of buoys or markers  used  to  designate
the uncertified waters of the state;
  (4)  subdivision  five of section [13-0325 of this chapter] 96-Z-51 OF
THE AGRICULTURE AND MARKETS  LAW  regarding  the  taking  of  undersized
clams,  where  the taking involves between ten and twenty-four percentum
of clams of less than legal size; and
  (5) [subdivision two of] section [13-0327 of this chapter] 96-Z-52  OF
THE  AGRICULTURE  AND  MARKETS  LAW,  regarding the taking of undersized
scallops, where the taking involves between ten and twenty-four  percen-
tum of scallops of less than legal size.
  b. Each such misdemeanor identified in paragraph a of this subdivision
shall be punishable as follows:
  (1)  For  a  first conviction of any of the violations listed in para-
graph a of this subdivision, by imprisonment for not  more  than  thirty
days,  a  fine  of not less than two hundred fifty dollars nor more than
five hundred dollars plus, if applicable, an amount equal to the  market
value of the shellfish involved in the violation, or by both such impri-
sonment and fine.
  (2)  For a second conviction for any of the violations listed in para-
graph a of this subdivision, by imprisonment not to exceed sixty days, a
fine of not less than five hundred dollars nor more  than  one  thousand
dollars  plus, if applicable, an amount equal to the market value of the
shellfish involved in the violation, or by both  such  imprisonment  and
fine.
  (3)  For  a  third  or subsequent conviction for any of the violations
listed in paragraph a of this subdivision, by imprisonment for not  more
than  one  hundred  eighty  days,  a  fine of not less than one thousand
dollars nor more than five thousand  dollars  plus,  if  applicable,  an
amount  equal  to  the  market  value  of  the shellfish involved in the
violation, or by both such imprisonment and fine.
  S 12. Subdivision 6 of section 71-0923 of the environmental  conserva-
tion  law,  as  added  by chapter 417 of the laws of 1996, is amended to
read as follows:
  6. A first conviction for a violation of subdivision eight of  section
[13-0309  of  this  chapter] 96-Z-46 OF THE AGRICULTURE AND MARKETS LAW,
involving devices for  taking  shellfish  in  uncertified  lands,  or  a
violation  of subdivision ten of section [13-0309 of this chapter] 96-Z-

S. 2476                            17

46 OF THE AGRICULTURE AND MARKETS LAW, involving possession of  a  stick
dredge, shall be punishable as a violation under this section.
  S  13.  Subdivisions 7-a, 7-b and 8 of section 71-0925 of the environ-
mental conservation law, subdivision 7-a as amended by  chapter  284  of
the laws of 2004 and subdivision 7-b as added by chapter 441 of the laws
of  1977  and  as  renumbered  by  chapter  284 of the laws of 2004, are
amended to read as follows:
  7-a. If the violation was a violation of subdivision [1 or 2]  ONE  OR
TWO  of  section  [13-0309,  or  section 13-0323 or 13-0327] 96-Z-46, OR
SECTION 96-Z-50 OR 96-Z-52  OF  THE  AGRICULTURE  AND  MARKETS  LAW,  or
section 13-0344 OF THIS CHAPTER, not less than two hundred fifty dollars
nor more than one thousand dollars for each offense;
  7-b.  If  the  violation  was a violation of subdivision one or two of
section [13-0325 of this chapter] 96-Z-51 OF THE AGRICULTURE AND MARKETS
LAW there shall be a minimum penalty of twenty-five dollars and a  maxi-
mum of two hundred fifty dollars per container or bushel involved in the
violation.
  8.  If  a  violation  of  subdivisions  [1 or 2] ONE OR TWO of section
[13-0309] 96-Z-46 OF THE AGRICULTURE AND MARKETS LAW occurs  during  the
time  when  a  permit or license to take shellfish has been suspended or
revoked pursuant to the provisions of subdivision [3] THREE  of  section
[13-0311] 96-Z-48 OF THE AGRICULTURE AND MARKETS LAW or subparagraph (3)
of  paragraph b of subdivision 1 of section 11-0719 OF THIS CHAPTER, not
less than five hundred dollars nor more than fifteen hundred dollars for
each offense, and in addition the forfeiture to the state of the  tongs,
rakes, dredges or devices other than boats used by or in connection with
such illegal taking;
  S  14.  Subdivisions  1  and 4 of section 71-0927 of the environmental
conservation law, subdivision 1 as amended by chapter 284 of the laws of
2004 and subdivision 4 as added by chapter 315 of the laws of  1992  and
as renumbered by chapter 284 of the laws of 2004, are amended to read as
follows:
  1.  Anyone  convicted of violating the prohibition against harvesting,
taking, possessing or transporting shellfish  under  facts  and  circum-
stances  meeting  the  criteria  for imposition of sanctions pursuant to
subdivision 3 of section 71-0924 OF THIS TITLE; or anyone convicted  two
or  more  times  within  five years of violating the prohibition against
harvesting, taking, possessing or transporting shellfish under facts and
circumstances meeting the criteria for imposition of sanctions  pursuant
to  subdivision  2  of  section  71-0924 OF THIS TITLE, [or of violating
subdivision 1 or 2, paragraph e or f of subdivision 3, subdivision 6, 8,
9, 10, 11, or 13 of section 13-0309,] section 13-0317, [subdivision 2 of
section  13-0323,  section  13-0325,  subdivision  3  or  5  of  section
13-0327,]  or  section 13-0344 of this chapter, OR OF VIOLATING SUBDIVI-
SION ONE OR TWO, PARAGRAPH E OR F OF SUBDIVISION THREE, SUBDIVISION SIX,
EIGHT, NINE, TEN, ELEVEN, OR THIRTEEN OF SECTION 96-Z-46 OR  SUBDIVISION
TWO OF SECTION 96-Z-50, SECTION 96-Z-51, OR SECTION 96-Z-52 OF THE AGRI-
CULTURE  AND MARKETS LAW shall have his license to take and land shellf-
ish revoked and shall not be relicensed for  a  minimum  of  five  years
thereafter,  in  addition to any other sanction imposed pursuant to this
article.
  4. The provisions of this section shall be in addition to the  ability
of  the  department  to  suspend  licenses pursuant to section [13-0309,
13-0311 or] 13-0329 of this chapter, OR 96-Z-46 OR 96-Z-48 OF THE  AGRI-
CULTURE  AND  MARKETS  LAW  or  any  other provision of law. Revocations

S. 2476                            18

pursuant to this section shall be automatic upon the  second  conviction
and shall not require any hearing for the revocation.
  S 15. Section 13-0317 of the environmental conservation law is amended
to read as follows:
S 13-0317. Shipping tags.
  All persons transporting, importing, exporting or otherwise distribut-
ing  shellfish  shall  label  or  tag the same as provided under section
[13-0319] 96-Z-42 OF THE AGRICULTURE AND MARKETS LAW.
  S 16. This act shall take effect immediately.