6 CRR-NY 42.4NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CHAPTER I. FISH AND WILDLIFE
SUBCHAPTER F. MARINE FISHERIES
PART 42. SANITARY CONTROL OVER SHELLFISH
6 CRR-NY 42.4
6 CRR-NY 42.4
42.4 Applications for permits; permit description; permit fees.
(a) No person shall engage in any activity described in this Part without a valid and appropriate permit issued by the department.
(b) An application for a permit shall be filed by the applicant with the State of New York Department of Environmental Conservation, Division of Marine Resources, Marine Permit Office, on a form and in a manner prescribed by the department. An application shall be accompanied by the appropriate permit application fee as set forth in article 13 of the Environmental Conservation Law.
(c) Subject to the provisions of sections 13-0311 and 13-0315 of the Environmental Conservation Law and this Part, the department in its discretion may issue permits for the following shellfishing activities:
(1) digger's (harvester's) permit.
This permit allows the holder thereof to take (harvest) shellfish from certified shellfish lands in the State for commercial purposes and to ship or sell such shellfish only to a holder of a valid class A, B or E dealer's permit who has a place of business in Nassau and Suffolk Counties.
(2) class A (shipper) permit.
This permit shall allow the holder thereof and any person in the employ of the permit holder to:
(i) reship shellfish previously shipped by the holder of a class A, B, C, D or E permit, 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; or
(iii) pack or repack shellstock received from the holder of a class A, B, C, D or E permit, or similar permit issued by the shellfish sanitation control agency of another state or foreign country. The holder of a class A permit is authorized to tag or label, retag or relabel containers of shellstock;
(3) class B (processor) 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 (2) of this subdivision, and to otherwise process shellfish;
(4) class C (reshipper) permit.
This permit shall allow the holder thereof and any person in the employ of the permit holder to reship shellfish previously shipped by the holder of a class A, B, C, D or E permit or similar permit issued by the shellfish sanitation control agency of another state or foreign country. The holder of a class C permit is authorized to remove dead or broker shellstock from containers, but is not authorized to pack, repack, tag or label, retag or relabel containers of shellfish;
(5) class D (digger/shipper) permit.
This permit shall allow the holder thereof to ship shellstock which the holder has legally harvested from shellfish lands of the State;
(6) class E (bay scallop shucker/packer) 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, to shuck and pack bay scallops which have been received from the holder of a digger's permit and to ship such scallops in the form of fresh shucked stock in intrastate commerce only;
(7) shellfish bait harvester's permit—no fee.
This permit shall allow the holder thereof to harvest shellfish from designated uncertified shellfish lands and to use or sell such shellfish for bait purposes only;
(8) shellfish microbiological cleansing-principal harvester' s permit—no fee.
This permit shall allow the holder thereof to undertake a project for harvest of shellstock from uncertified shellfish lands including the transport and sale of such shellstock to a designated shellfish microbiological cleansing facility only;
(9) shellfish microbiological cleansing-harvester's permit—no fee.
This permit shall allow the holder thereof to harvest shellstock from designated uncertified shellfish lands and to transport and/or sell such shellstock to a designated shellfish microbiological cleansing facility only;
(10) shellfish water storage permit—no fee.
This permit shall allow the holder thereof to store shellstock harvested from certified shellfish lands in tanks of water; and
(11) shellfish microbiological cleansing operator's permit—no fee.
This permit shall allow the holder thereof to operate a facility for the microbiological cleansing of shellfish.
6 CRR-NY 42.4
Current through October 15, 2021
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