S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1133
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
   printed to be committed 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:
 
   Section 1. Section 11-1909 of the environmental  conservation  law  is
 REPEALED.
   §  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 conservation law are REPEALED.
   §  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.
   §  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.
              

                                                            LBD06724-01-9

 S. 1133                             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.
   §  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.
   § 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.
   § 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.
   § 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. 1133                             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.
   §  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 MEMBERS OF THE LEGISLA-
 TURE.   THE COMMISSIONER AND THE COMMISSIONER OF ENVIRONMENTAL CONSERVA-
 TION SHALL SERVE AS EX-OFFICIO MEMBERS.  VACANCIES IN THE MEMBERSHIP  OF
 THE  COMMISSION  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 PURSUANT TO THIS ARTICLE.
   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 TWENTY AND A FINAL REPORT OF ITS  FIND-
 INGS,  CONCLUSIONS  AND  RECOMMENDATIONS NOT LATER THAN DECEMBER THIRTY-
 FIRST, TWO THOUSAND TWENTY, AND  SHALL  SUBMIT  WITH  ITS  REPORTS  SUCH
 LEGISLATIVE PROPOSALS AS IT DEEMS NECESSARY TO IMPLEMENT ITS RECOMMENDA-
 TIONS.
   § 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. 1133                             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.
   § 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. 1133                             5
 
   § 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. 1133                             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. 1133                             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 TWENTY-ONE, 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
 DEPOSITED IN THE SURF CLAM/OCEAN QUAHOG ACCOUNT AS PROVIDED  IN  SECTION
 EIGHTY-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, THE FOLLOWING RESTRICTIONS SHALL APPLY
 IN ADDITION TO ANY CONSISTENT REGULATIONS ADOPTED PRIOR TO THE DATE UPON
 WHICH SUCH SECTION SHALL TAKE EFFECT:

 S. 1133                             8
 
   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.
   § 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.
   § 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)
 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

 S. 1133                             9
 
 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.
   § 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
 PERMIT AS PROVIDED IN SUBDIVISION ONE OF SECTION 96-Z-47-A OF THIS ARTI-
 CLE.

 S. 1133                            10
 
   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.
   § 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
 DEPARTMENT  AND  SHALL  BE  ISSUED  FOR  THE  TAKING OF SHELLFISH FROM A
 SPECIFIC AREA. SUCH PERMIT SHALL BE VALID  ONLY  DURING  THE  PERIOD  OF

 S. 1133                            11
 
 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.
   § 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 TWEN-
 TY-ONE, 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.
   § 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
 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

 S. 1133                            12
 
 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 TWEN-
 TY-TWO,  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.
   § 96-Z-52. SCALLOPS; PROHIBITED  ACTS.    THE  DEPARTMENT  MAY,  UNTIL
 DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  TWENTY-TWO,  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, REQUIRE-
 MENTS FOR PERMITS AND ELIGIBILITY THEREFOR, RECORDKEEPING AND  IDENTIFI-
 CATION  REQUIREMENTS,  REQUIREMENTS  ON  THE  AMOUNT AND TYPE OF FISHING

 S. 1133                            13
 
 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 CONSER-
 VATION LAW.
   §  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.
   §  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.
   §  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.
   §  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
 collected pursuant to article seventy-one of  [such]  THE  ENVIRONMENTAL

 S. 1133                            14
 
 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] 96-Z-46 OF THE AGRI-
 CULTURE  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.
   § 9. 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] SUBDIVISION 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  posi-
 tion  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.
   §  10.  Subdivisions  4  and 5 of section 71-0921 of the environmental
 conservation law, as added by chapter 417 of the laws of 1996,  subpara-
 graph  9 of paragraph a of subdivision 4 and subparagraph 5 of paragraph
 a of subdivision 5 as amended by chapter 41 of the laws of 2013, subpar-
 agraphs 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:
   (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;

 S. 1133                            15
 
   (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) [regulations promulgated by the department  pursuant  to]  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.
   (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

 S. 1133                            16
 
 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)  [regulations  promulgated  by the department pursuant to] 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 percentum 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.
   § 11. 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-
 46 OF THE AGRICULTURE AND MARKETS LAW, involving possession of  a  stick
 dredge, shall be punishable as a violation under this section.
   §  12.  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

 S. 1133                            17
 
 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] SUBDIVISION 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)] 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;
   § 13. 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
 pursuant to this section shall be automatic upon the  second  conviction
 and shall not require any hearing for the revocation.
   § 14. Section 13-0317 of the environmental conservation law is amended
 to read as follows:
 § 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.
   § 15. This act shall take effect immediately.