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This entry was published on 2014-09-22
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SECTION 13-0313
Shellfish growers; definition; bed permit
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 13, TITLE 3
§ 13-0313. 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
sections 13-0307, 13-0309, 13-0311 and 13-0319 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, 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
minimum fee shall be five dollars. Such certificates shall expire on
December 31 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.