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Part 49: Shellfish Management

(Statutory authority: Environmental Conservation Law, Sections 13-0319,
13-0323 and 13-0327)

[adopted July 5, 2006]

Contents:

Sec.

§49.1 Bay Scallops

(a) Purpose. The purpose of this section is to establish conservation and management measures necessary to promote and restore the viability of sustainable bay scallop populations in Peconic bays and other waters of the Marine District.

(b) Open season. Bay scallops may be taken during the period from the first Monday in November to March 31, both inclusive.

(c) Harvest restrictions, size limit, annual growth line.

(1) No person shall take bay scallops except during the open season identified in subdivision b of this section.

(2) Except as provided in paragraph 5 of this subdivision, no person shall take bay scallops that do not have an annual growth line or that measure less than two and one-quarter inches from the middle of the hinge to the middle of the bill.

(3) Scallops shall be culled when taken.

(4) Except as provided in paragraph 5 of this subdivision, any bay scallops taken that do not have an annual growth line or that measure less than two and one-quarter inches from the middle of the hinge to the middle of the bill shall be immediately returned alive to the water.

(5) When unintentionally and unavoidably taken, bay scallops which do not have an annual growth line or that measure less than two and one-quarter inches from the middle of the hinge to the middle of the bill shall comprise, by number, no more than two percent of the total catch. For purposes of determining compliance with this subdivision, not less than one representative U.S. standard bushel may be selected from the total catch for examination. If the bushel selected for examination is found to contain a number of scallops in excess of two percent by count that do not have an annual growth line or that measure less than two and one-quarter inches from the middle of the hinge to the middle of the bill, the entire catch from which such bushel was taken shall be deemed to contain in excess of two percent scallops, and shall be subject to seizure and applicable penalties under the law.

(d) Gear Restrictions.

(1) Bay scallops may be taken by dredge or scrape, having an opening at the mouth not to exceed thirty-six inches in width, when towed by a boat operated by mechanical power, or other means provided that such dredge or scrape is brought aboard by hand power without the use of a mechanical device.

(2) Bay scallops shall not be taken on Sundays by use of a dredge or other device operated by power.

(e) Catch limits. A person shall not take in excess of ten bushels of bay scallops in one day. Two or more persons occupying the same boat while taking bay scallops may take in the aggregate not more than twenty bushels in one day.

(f) Possession and sale. The following provisions shall apply to possession and sale of bay scallops:

(1) No person shall possess bay scallops for sale for food purposes from April 1 to the first Monday in November. The provisions of this section shall not prohibit the possession of bay scallops, or sale of such scallops, which have been taken from approved areas during the period from the first Monday in November to March 31, both inclusive, shucked and packed in approved packages and frozen, and thereafter kept in a frozen state.

(2) Bay scallops that may lawfully be sold pursuant to the provisions of the Fish and Wildlife Law and regulations adopted pursuant thereto, if lawfully taken in another state or country, may be transported into this state and possessed, bought and sold at any time.

(g) Scallop salvage and relay. Notwithstanding the provisions of subdivision c of section 49.1, the department may issue permits to transplant or salvage scallops of any age, subject to department supervision and regulation, when upon due investigation the department shall find that such scallops are in danger of destruction as the result of predators or wind and tidal action, or other causes.

(h) Exemption for cultivated bay scallops. The harvest, possession and sale of bay scallops of less than legal size that are cultivated under a marine hatchery, on-bottom or off-bottom culture permit issued by the department, and subject to the provisions of section 13-0316 of the Environmental Conservation Law and Part 48 of this Title, shall be exempt from the provisions of subdivisions 49.1(b) through 49.1(f) of this Part.

§49.2 Oysters

(a) Purpose. The purpose of this Section is to establish conservation and management measures necessary to protect and sustain viable populations of oysters in the Marine District.

(b) Definitions. The following terms and their derivatives when used in this Section shall have the following meanings:

(1) Cultured means any activities involved in the raising, breeding, growing, planting and containment of oysters which requires the issuance of a permit pursuant to section 13-0316 of the Environmental Conservation Law.

(2) Landed means to set or put on shore from any boat or vessel, or to place on to any dock, pier, shore or other structure any oysters taken from the waters of the marine and coastal district.

(3) Transplanted means any transfer of oysters from shellfish lands within or without the State to shellfish lands within the State, which requires the issuance of a permit pursuant to article 13 of the Environmental Conservation Law.

(4) Waters of the marine and coastal district means all those tidal waters and the lands thereunder which are located within the marine and coastal district as defined in section 13-0103 of the Environmental Conservation Law.

(c) Size limit.

(1) Except as provided in paragraph 4 of this subdivision, oysters (Crassostrea virginica) less than three inches in the longest diameter shall not be taken, possessed on the waters of the marine and coastal district, or landed. This size limit shall not apply to oysters transplanted or cultured under permit from the Department subject to the provisions of sections 13-0316, 13-0319 and 13-0321.

(2) Oysters shall be culled when taken.

(3) All oysters which may not be taken pursuant to the provisions of paragraph (1) of this subdivision shall be immediately returned alive to the water.

(4) Oysters measuring less than 3 inches in longest diameter shall not comprise, by number, more than 5 percent of any bushel, or other package or container of different measurement of oysters taken from the catch.