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This entry was published on 2019-09-06
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SECTION 13-0325
Clams; prohibited acts
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 13, TITLE 3
§ 13-0325. Clams; prohibited acts.

1. Except for transplanting as provided in section 13-0321, no person
shall take, harvest, possess, sell, offer for sale or otherwise
trafficked 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
shellfish 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
another 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 13-0319 and 13-0321. 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 13-0309 hereof, provided that the boat is
registered in a state which accords reciprocal clamming privileges to
residents of this state and provided that the owner is a citizen 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 operations. 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 13-0311 but shall
not ship or sell shellfish taken by such boat without first obtaining a
shellfish shipper's permit as provided for in section 13-0315.

5. Clams shall be culled when taken in accordance with rules and
regulations 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 1, 3 or 4 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
determined 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 1, 3 or 4 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 chapter 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 chapter in or upon any vehicle,
vessel or aircraft.

8. The department may, until December thirty-first, two thousand
twenty-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
chapter.