6 CRR-NY 42.13NY-CRR
6 CRR-NY 42.13
6 CRR-NY 42.13
42.13 Shellfish harvesting, identification and handling by harvesters.
The provisions of this section shall apply, as appropriate, to persons who, in wholesale commerce, engage in activities described in the following subdivisions:
(a) Harvesting shellfish for use as food for human consumption.
(1) Except as provided in this Subchapter, or in subdivisions (b) and (c) of this section, no person shall harvest shellfish from uncertified shellfish lands.
(2) No person shall harvest shellfish without a valid shellfish digger's permit issued by the department.
(3) No person shall fail to wash shellfish reasonably free from mud and sand with water as soon as possible after such shellfish have been harvested. Such water shall be tidal water from certified shellfish lands or fresh water of drinking water quality.
(4) No person shall fail to place harvested shellfish as soon as possible after harvesting in safe containers. Such containers shall have been stored in a manner which will prevent the contamination thereof.
(5) No person shall fail to affix securely to each such container a readily visible tag at least 2⅝ inches wide and 5¼ inches long constructed of a substantial, waterproof and tear-resistant material with a reinforced point of attachment. Such tag must indicate, in waterproof ink, the following information in the specific order listed:
(i) harvester's name;
(ii) harvester's permit number;
(iii) harvest date
(iv) harvest area, (the description of the harvest area must not be less specific than the descriptions set out in subdivision [d] of this section);
(v) common name of the shellfish in the container
(vi) the net weight or numerical count or standard measure of the shellfish in the container; and
(vii) the following statement in bold, capitalized type: “THIS TAG IS REQUIRED TO BE ATTACHED UNTIL THE CONTAINER IS EMPTY OR RETAGGED AND THEREAFTER KEPT ON FILE FOR 90 DAYS”.
(6) No person shall fail to protect harvested shellfish from contamination, freezing and excessively high temperatures.
(7) No person shall fail to keep any boat, barge or vessel used for the harvesting or transporting of shellfish orderly.
(8) No person shall permit shellfish or shellfish containers to contact bilge water. This may be accomplished by use of floorboards, false bottoms or other effective methods.
(9) No person shall permit or otherwise allow any pet or other domestic animal to be on board a boat, barge or vessel used for the harvesting or transporting of shellfish and no person shall fail to immediately remove any such animal from such a boat, barge or vessel if such animal is found thereon.
(10) No person holding a digger's permit issued by the department shall harvest shellfish from a vessel that is not equipped with an approved marine sanitation device, portable toilet, or an impervious and cleanable container with tight fitting lid provided to contain human body wastes.
(11) No person shall throw, dump, discharge or permit or allow to run into the waters of certified shellfish lands any human body waste, garbage, cinders, ashes, oils, sludge, contaminant or refuse of any kind.
(12) No person shall fail to protect harvested shellfish from excessive temperatures.
(i) During the period May 1st through October 31st, no harvester shall fail, by 9:00 p.m. on the day of harvest, to either deliver harvested shellstock to a shellfish dealer, or store the shellstock in a temperature controlled area, maintained between 33°F (0.55°C) and 45°F (7.2°C).
(ii) During the period November 1st through April 30th, no harvester shall fail, by 6:00 p.m. on the day following the date of harvest, to either deliver harvested shellstock to a shellfish dealer, or store the shellstock in a temperature controlled area, maintained between 33°F (0.55°C) and 45°F (7.2°C).
(b) Harvesting shellfish for use as bait.
(1) No person shall harvest shellfish for use as bait from uncertified shellfish lands without a valid shellfish digger's permit and a valid shellfish bait harvester's permit issued by the department.
(2) No person harvesting shellfish for use as bait shall fail to place such shellfish in containers clearly and permanently labeled “BAIT” as soon as possible after such shellfish have been harvested.
(3) No person harvesting shellfish for use as bait shall fail to affix securely to each such container a readily visible tag at least 2⅝ inches wide and 5¼ inches long of substantial, waterproof and tear-resistant material. Such tag shall indicate clearly in waterproof ink the harvester's name, the harvester's shellfish bait harvester's permit number, the common name of the shellfish contained in the container, an identification of the waters from which the shellfish were harvested, the date on which the shellfish were harvested and the words “FOR BAIT ONLY.”
(4) No person shall permit shellfish harvested for use as bait to be transported or stored with or in any way allowed to come into contact with shellfish to be used as food for human consumption.
(5) No person shall permit containers, storage or transportation facilities or any other equipment used in connection with shellfish to be used as bait to be used in connection with shellfish for use as food unless such equipment has been cleaned.
(c) Harvesting for microbiological cleansing.
(1) It is unlawful for any person to undertake or participate in the harvest, transport or sale of shellfish for microbiological cleansing from uncertified shellfish lands without possessing a valid shellfish digger's permit, a valid shellfish microbiological cleansing-principal harvester's permit or a shellfish microbiological cleansing-harvester's permit, or a combination of two or more of these permits, issued by the department. It is unlawful for any person to harvest shellfish for microbiological cleansing from uncertified shellfish lands unless such lands have been designated by the department as suitable for such purpose on such person's shellfish microbiological cleansing-harvester's permit. Shellfish lands will not be designated as suitable for the harvesting of shellfish for microbiological cleansing unless it has been determined that shellfish from such lands are not contaminated with fecal material, radionuclides or industrial wastes to such a degree that consumption of such shellfish might be hazardous. Shellfish lands will not be designated as suitable for the harvesting of shellfish for microbiological cleansing unless waters overlying such lands meet the criteria specified in section 47.3(c) of this Title.
(2) No person harvesting shellfish for microbiological cleansing shall fail to place such shellfish in containers clearly and permanently labeled “CLEANSING” as soon as possible after such shellfish have been harvested.
(3) No person harvesting shellfish for microbiological cleansing shall fail to affix securely to each container a readily visible red tag at least 2⅝ inches wide and 5¼ inches long constructed of a substantial, waterproof and tear-resistant material with a reinforced point of attachment. Such tag shall indicate in waterproof ink the following information in the specific order listed: harvester's name, harvester's shellfish microbiological cleansing-harvester's permit number, harvest date, harvest area, common name of the shellfish in the container, the net weight or numerical count or standard measure of shellfish in the container, and the following statement in bold, capitalized type: “THIS TAG IS REQUIRED TO BE ATTACHED UNTIL THE CONTAINER IS EMPTY AND THEREAFTER KEPT ON FILE FOR 90 DAYS” and the words “FOR CLEANSING ONLY.”
(4) No person shall fail to transport shellfish for microbiological cleansing by such specific conveyance, along such specific route and to such specific cleansing plant as specified in such person's shellfish microbiological cleansing harvester' s permit.
(5) No person shall permit, prior to the completion of microbiological cleansing, shellfish harvested for microbiological cleansing to be transported or stored with or in any way allowed to come into contact with microbiologically cleansed shellfish or shellfish harvested from certified shellfish lands.
(6) No person shall permit containers, storage or transportation facilities or any other equipment used in connection with shellfish to be microbiologically cleansed to be used in connection with shellfish taken from certified shellfish lands or in connection with microbiologically cleansed shellfish, unless such equipment has been cleaned.
(7) No person shall harvest shellfish for microbiological cleansing on a specific day unless the specific cleansing plant as specified in such person's shellfish microbiological cleansing- harvester's permit has sufficient cleansing tank capacity to begin the cleansing of such shellfish on such specific day.
(8) No person possessing a valid shellfish microbiological cleansing-harvester's permit issued by the department shall harvest shellfish from certified shellfish lands during the duration of the term of such permit.
(d) Harvest areas described.
The harvest areas are described in this subdivision solely for the purposes of the department's shellfish sanitation program and are not intended to define the official boundaries of any body of water named herein. Reference points are taken from the appropriate NOAA nautical charts.
(1) Atlantic Ocean.
(i) Area A1. All shellfish lands of the Atlantic Ocean lying west of a line extending due south from Democrat Point on Fire Island.
(ii) Area A2. All shellfish lands of the Atlantic Ocean lying east of a line extending due south from Democrat Point on Fire Island and south of a line extending due east from Montauk Point.
(2) Block Island Sound—Area B.
All shellfish lands of Block Island Sound and tributaries lying east of a line extending south-southeast from the eastern tip of Plum Island to the northern tip of Gardiners Island and following the eastern shoreline to Eastern Plain Point then extending east-southeast to Shagwong Point (Town of East Hampton) and following the shoreline to Montauk Point, north of a line extending due east from Montauk Point and south of a line extending from the eastern tip of Plum Island to Race Point (Fishers Island), following the southern shoreline of Fishers Island to East Point (Fishers Island) and extending east from East Point, excluding all that area within one mile of Fishers Island. (Note: That area within one mile of Fishers Island has its own harvest area designation in paragraph [11] of this subdivision.)
(3) Napeague Bay—Area N.
All shellfish lands of Napeague Bay and tributaries lying south of a line extending westerly from Shagwong Point (Town of East Hampton) to Eastern Plain Point on Gardiners Island, following the eastern shoreline of Gardiners Island to the southern tip then continuing westerly to Hog Creek Point (Town of East Hampton).
(4) Gardiners Bay—Area G.
All shellfish lands of Gardiners Bay and tributaries lying west of a line extending south-southeast from the eastern tip of Plum Island to the northern tip of Gardiners Island and following the western shoreline to the southern tip, north of a line extending westerly from the southern tip of Gardiners Island to Hog Creek Point (Town of East Hampton) and following the shoreline to Cedar Point (Town of East Hampton), east of a line extending north-northwest from Cedar Point to Long Beach Point (Town of Southold) and south of a line following the shoreline from Long Beach Point to Orient Point then northeasterly from Orient Point to the western tip of Plum Island and following the shoreline to the eastern tip.
(5) Flanders Bay—Area P1.
All shellfish lands of Flanders Bay and tributaries lying west of a line extending from Miamogue Point (Riverhead) to Red Cedar Point (Southampton).
(6) Great Peconic Bay—Area P2.
All shellfish lands of Great Peconic Bay and tributaries lying east of a line extending from Miamogue Point (Riverhead) to Red Cedar Point (Southampton) and west of a line extending from New Suffolk (Southold) to the northern tip of Robins Island and continuing along the shoreline to the southern tip then extending from the southern tip of Robins Island to Cow Neck Point (Southampton).
(7) Little Peconic Bay—Area P3.
All shellfish lands of Little Peconic Bay and tributaries lying east of a line extending from New Suffolk (Southold) to the northern tip of Robins Island and continuing along the shoreline to the southern tip then extending from the southern tip of Robins Island to Cow Neck Point (Southampton) and west of a line extending from Cedar Beach Point (Southold) to Jessup Neck (Southampton).
(8) Shelter Island Sound, Noyack Bay, Sag Harbor and Northwest Harbor—Area P4.
All shellfish lands of Shelter Island South, Noyack Bay, Sag Harbor, Northwest Harbor and tributaries lying east of a line extending from Cedar Beach Point (Southold) to Jessup Neck (Southampton), south of a line from Paradise Point (Southold) to Crab Creek (Shelter Island) and west of a line extending from Cedar Point (East Hampton) to the easternmost point of land at Ram Island (Shelter Island).
(9) Shelter Island Sound, Southold Bay and Orient Harbor— Area P5.
All shellfish lands of Shelter Island South, Southold Bay, Orient Harbor and tributaries lying north of a line extending from Paradise Point (Southold) to Crab Creek (Shelter Island) and west of a line extending from Long Beach Point (Southold) to the easternmost point of land at Ram Island (Shelter Island).
(10) Long Island Sound.
(i) Area LS1. All shellfish lands of Long Island Sound, except tributaries, lying west of a line extending due north from Old Field Point (Brookhaven).
(ii) Area LS2. All shellfish lands of Long Island Sound, except Fishers Island and except tributaries, lying east of a line extending due north from Old Field Point (Brookhaven) and north of a line extending from Orient Point (Southold) to the western tip of Plum Island, following the northern shoreline to the eastern tip, then from the eastern tip to Race Point (Fishers Island), following the southern shoreline of Fishers Island to East Point (Fishers Island) and due east from East Point.
(11) Fishers Island—Area F.
All shellfish lands within one mile of the shoreline of Fishers Island.
(12) North Shore Waters.
(i) Area NS1. All shellfish lands of tributaries to Long Island Sound lying west of Matinecock Point (Oyster Bay).
(ii) Area NS2. Oyster Bay and Cold Spring Harbor. All shellfish lands of tributaries to Long Island Sound between Matinecock Point (Oyster Bay) and Lloyd Point (Huntington).
(iii) Area NS3. Huntington and Northport Bay. All shellfish lands of tributaries to Long Island Sound lying south of a line extending from Lloyd Point (Huntington) to Eatons Neck Point (Huntington).
(iv) Area NS4. All shellfish lands of tributaries to Long Island Sound and Smithtown Bay lying between Eatons Neck Point (Huntington) and Crane Neck Point (Brookhaven).
(v) Area NS5. All shellfish lands of tributaries to Long Island Sound lying between Crane Neck Point (Brookhaven) and the eastern side of the entrance to Mt. Sinai Harbor (Brookhaven).
(vi) Area NS6. All shellfish lands of tributaries to Long Island Sound lying between the eastern side of the entrance to Mt. Sinai Harbor (Brookhaven) and Roanoke Point (Riverhead).
(vii) Area NS7. All shellfish lands of tributaries to Long Island Sound lying between Roanoke Point (Riverhead) and Horton Point (Southold).
(viii) Area NS8. All shellfish lands of tributaries to Long Island Sound lying between Horton Point (Southold) to Orient Point (Southold).
(13) South Shore Waters Nassau County.
(i) Area SS1. All shellfish lands of East Bay, Hempstead Bay and tributaries lying west of the Wantagh State Parkway (Nassau County).
(ii) Area SS2. South Oyster Bay. All shellfish lands of South Oyster Bay and tributaries lying east of the Wantagh State Parkway (Nassau County) and west of the Nassau-Suffolk county line.
(14) South Shore Waters Suffolk County.
(i) Area SS3. Great South Bay. All shellfish lands of Great South Bay and tributaries lying east of the Nassau County-Suffolk County line and west of the Robert Moses Causeway (Suffolk County).
(ii) Area SS4. Great South Bay. All shellfish lands of Great South Bay and tributaries lying east of the Robert Moses Causeway (Suffolk County) and west of a line extending south from Nicoll Point (Islip) and following the Islip-Brookhaven town line.
(iii) Area SS5. Great South Bay. All shellfish lands of Great South Bay and tributaries lying east of a line extending south from Nicoll Point (Islip) and following the Islip- Brookhaven town line and west of a line extending due south from Homans Creek (Brookhaven) to the shoreline of Fire Island.
(iv) Area SS6. Patchogue Bay. All shellfish lands of Patchogue Bay and tributaries lying east of a line extending due south from Homans Creek (Brookhaven) to the shoreline of Fire Island and west of a line extending southerly from Howell Point (Brookhaven) to Bellport Beach on Fire Island.
(v) Area SS7. Bellport Bay. All shellfish lands of Bellport Bay and tributaries lying east of a line extending southerly from Howell Point (Brookhaven) to Bellport Beach on Fire Island and west of a line extending due south from Smith Point (Brookhaven) to the shoreline of Fire Island.
(vi) Area SS8. Narrow Bay. All shellfish lands of Narrow Bay and tributaries lying east of a line extending due south from Smith Point (Brookhaven) to the shoreline of Fire Island and west of a line extending due south from Forge Point (Brookhaven) to the shoreline of Fire Island.
(vii) Area SS9. Moriches Bay. All shellfish lands of Moriches Bay and tributaries lying east of a line extending due south from Forge Point (Brookhaven) to the shoreline of Fire Island and west of a line extending from Tuthill Point (Brookhaven) to the western side of Moriches Inlet.
(viii) Area SS10. Moriches Bay. All shellfish lands of Moriches Bay and tributaries lying east of a line extending from Tuthill Point (Brookhaven) to the western side of Moriches Inlet and west of the bascule bridge separating Moriches Bay and Moneybogue Bay.
(ix) Area SS11. Moneybogue Bay, Quantuck Bay and Quogue Canal. All shellfish lands of Moneybogue Bay, Quantuck Bay and tributaries lying east of the bascule bridge separating Moriches Bay and Moneybogue Bay and west of the bascule bridge at Post Lane in Quogue (Southampton) which crosses the Quogue Canal.
(x) Area SS12. Shinnecock Bay. All shellfish lands of Shinnecock Bay and tributaries lying east of the bascule bridge at Post Lane in Quogue (Southampton) which crosses the Quogue Canal and west of the Ponquogue Bridge (Southampton).
(xi) Area SS13. Shinnecock Bay. All shellfish lands of Shinnecock Bay and tributaries lying east of the Ponquogue Bridge including Heady and Taylor Creeks.
(xii) Area SS14. All shellfish lands of tributaries to the Atlantic Ocean between Shinnecock Inlet and Montauk Point.
6 CRR-NY 42.13
Current through October 15, 2021
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