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This entry was published on 2020-04-24
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SECTION 13-0330
Whelks or conchs; license to take
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 13, TITLE 3
§ 13-0330. Whelks or conchs; license to take.

1. A person domiciled within the state may take whelks or conchs
(Busycon spp.) for commercial purposes from the waters of the state upon
first obtaining a license from the department.

a. The department shall prescribe and furnish forms for application
for such permit.

b. The fee for such whelk license shall be thirty dollars.

2. A person not domiciled in the state who is domiciled in a state
that provides reciprocal permits or licenses to persons domiciled in New
York state may take whelks or conchs (Busycon spp.) for commercial
purposes upon first obtaining a license from the department.

a. The department shall prescribe and furnish forms for application
for such permit.

b. The fee for such whelk license shall be fifty dollars.

3. Whelk licenses shall be non-transferable, and shall expire on the
last day of December of each year.

4. The holder of a whelk license must be present and must have the
license in possession and available for inspection at all times when the
privileges of the license are being exercised.

5. For purposes of this section, "commercial purposes" shall mean the
taking or landing of twenty-five or more whelks in any one day.

6. The department may, until December thirty-first, two thousand
twenty-three, fix by regulation measures for the management of whelk or
conch (Busycon and Busycotypus spp.), 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 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 and
provided further that such regulations are consistent with the
compliance requirements of applicable fishery management plans adopted
by the Atlantic States Marine Fisheries Commission and with applicable
provisions of fishery management plans adopted pursuant to the Federal
Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).