D E C banner
D E C banner

Disclaimer

The New York State Department of Environmental Conservation has added a link to a translation service developed by Microsoft Inc., entitled Bing Translator, as a convenience to visitors to the DEC website who speak languages other than English.

Additional information can be found at DEC's Language Assistance Page.

Part 48: Marine Hatcheries, On-Bottom and Off-Bottom Culture Of Marine Plant and Animal Life

(Statutory authority: Environmental Conservation Law, §§ 11-0305, 13-2301, 13-0316)

[This regulation was last amended 07/13/95.]

Contents:

Sec.

§48.1 Definitions

Unless the context otherwise requires, the following terms and their derivatives when used in this Part shall have the following meanings:

(a) Marine hatchery means any building, pond, tank, raceway or other structure, excluding hobby aquariums and natural bodies of water, in which marine plant or animal life is bred or otherwise cultivated, whether located on land or water, anywhere in the state.

(b) Culture or cultivation means the controlled or partially controlled raising, breeding, growing, planting and containment of marine plant or animal life in any marine hatchery or through on-bottom or off-bottom culture as herein defined.

(c) Off-bottom culture means the raising, breeding or growing of marine plant or animal life, including containment on, or in, any raft, rack, float, cage, box or other similar device or structure in any natural waters of the state.

(d) 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.

(e) Food fish means all species of the super-class Pisces and hybrids thereof, which are edible.

(f) On-bottom culture means the raising, breeding, growing or planting of marine plant or animal life on, or in, any natural underwater lands of the State.

(g) Commissioner means the commissioner of Environmental Conservation and his duly authorized representatives.

(h) Person means any individual, group of individuals, public or private corporation, industry, co-partnership, joint stock company or other legal entity.

(i) Marine plant and animal life means all organisms that spend or are capable of spending all or part of their life cycle in any waters of the marine and coastal district, except those fish for which the department may issue a hatchery permit pursuant to the provisions of section 11-1909 of the Environmental Conservation Law.

(j) Tag means a non-reusable locking marker which when locked must remain attached during routine handling of each fish or part thereof.

(k) Hybrid means progeny produced by the breeding of marine plant life or animal life of different species.

(l) Cultivation site means the specific location in which cultivation activities may be undertaken as identified on a marine hatchery, on-bottom or off-bottom culture permit issued pursuant to this Part.

(m) Culturist means any person authorized to conduct culture or cultivation activities under a permit issued by the department pursuant to this Part.

(n) Shellfish dealer tag means a tag required to be affixed to a container of cultivated shellfish prior to sale and shipment for consumption or resale consistent with the provisions of section 42.11(a)(3) of this Title.

(o) Shellfish tag means a tag required to be affixed to a container of cultivated shellfish prior to sale for consumption or resale consistent with the provisions of section 42.13(a)(5) of this Title.

(p) Shellstock means any shellfish that have not been processed or released from one or both shells and remains as a whole animal in the shell.

(q) Shucked means to have processed or released shellfish from one or both shells.

(r) Wild bay scallops means all bay scallops existing in a wild or natural state that are not subject to culture or cultivation under a permit issued by the department pursuant to this Part.

(s) Wild shellfish means all shellfish existing in a wild or natural state that are not subject to culture or cultivation under a permit issued by the department pursuant to this Part.

§48.2 General Prohibitions

(a) No person shall fail to comply with the provisions of this Part.

(b) No person shall carry out the activities of cultivation as herein defined in a marine hatchery or through on-bottom or off-bottom culture without first obtaining a permit from the department.

(c) No person shall import or receive, from outside the state, marine plant or animal life as herein defined for cultivation without first obtaining an importation permit from the department.

(d) No person shall sell, offer for sale or trade in any manner, marine plant or animal life of less than legal size, as defined in sections 13-0323, 13-0325, 13-0327, 13-0329, 13-0339 and 11-0303 of the Environmental Conservation Law or regulations adopted pursuant thereto, except as expressly allowed pursuant to the provisions of section 13-0316 of the Environmental Conservation Law and this Part.

§48.3 Permits

(a) Marine hatchery, on-bottom and off-bottom culture permits.

(1) The department in its discretion may issue marine hatchery, on-bottom and off-bottom culture permits.

(2) The department may prescribe any conditions or limitations to such permits which, in the opinion of the Commissioner, are necessary to protect the public health and safety and provide for the continued viability of the marine resources of the State.

(3) All marine hatchery, on-bottom and off-bottom culture permit applications shall be completed in a form and in a manner established by the department. Applications shall be submitted within such time as will afford an adequate period for department review.

(4) Each marine hatchery, on-bottom and off-bottom culture permit shall include the identification of the species of marine plant or animal life which may be cultivated.

(5) Each on-bottom and off-bottom culture permit shall include the specific location in which such activities may take place.

(6) No on-bottom and off-bottom culture permit shall be issued unless the applicant shall have provided the department with satisfactory confirming documentation of the applicant's title to, or appropriate grant, lease or other legal control, of all underwater lands where on-bottom and/or off-bottom culture shall be undertaken.

(b) Importation Permits

(1) The department in its discretion may issue an importation permit which shall allow for the importation and introduction of live marine plant or animal life for cultivation purposes.

(2) An importation permit must be obtained by the holders of valid marine hatchery, on-bottom and off-bottom culture permits prior to each importation activity.

(3) All importation permits shall be completed in a manner and in a form established by the department. Applications shall be submitted within such time as will afford an adequate period for department review.

(4) Each importation permit shall include the following:

(i) identification of the species to be imported.

(ii) the specific location from which a species is to be obtained for importation.

(iii) the period of time at which, or during which, importation may take place.

(iv) the person from whom the species to be imported shall be obtained.

(v) the manner and method of importation, as well as the identity of all separate persons, corporations or carriers, involved in the specific importation process.

(vi) the area or location of the hatchery or other facility to which the species is to be delivered and in which the species will be cultivated.

(vii) the disposition of such species.

(viii) any additional conditions, provisions or information which the Commissioner may deem necessary to protect the health and welfare of the people of the State and the continued viability of existing marine resources.

§48.4 Sale of Cultivation Products

(a) Cultivation products of legal size may be sold for consumption or resale.

(b) Subject to the provisions of section 48.5 of this Part, food fish produced through cultivation which are other than legal size or the sale of which is otherwise restricted through sections 13-0339, 11-0303, and 11-1303 of the Environmental Conservation Law and regulations adopted pursuant thereto, may be sold for consumption or resale.

(c) Subject to the provisions of Part 49 of this Title and section 48.5 of this Part, oysters and bay scallops produced through cultivation which are less than legal size or the sale of which is otherwise restricted through sections 13-0323 and 13-0327 of the Environmental Conservation Law and regulations adopted pursuant thereto, may be sold for consumption and resale under the following conditions:

(1) Exemption for sale of cultivated bay scallops of less than legal size.

(i) The exemption shall only apply to such bay scallops that are cultivated under an off-bottom culture permit issued by the department; and

(ii) That are offered for sale or sold as shellstock (unshucked) bay scallops.

(iii) No exemption shall apply to cultivated bay scallops that are offered for sale or sold as a shucked product.

(2) Bay scallop and oyster seed purchases.

(i) The off-bottom culture permit holder shall report all purchases of bay scallop seed to the department on a form prescribed by the department within 15 days after purchase and receipt of seed scallops. Such report shall include all purchases of bay scallops measuring less than two and one quarter inches from the middle of the hinge to the middle of the bill and that do not contain an annual growth line which shall be subject to off-bottom culture under a permit issued by the department.

(ii) The holder of a marine hatchery, on-bottom or off-bottom culture permit shall report all purchases of oyster seed to the department on a form prescribed by the department within 15 days after purchase and receipt of seed oysters. Such report shall include all purchases of oysters measuring less than three inches in longest diameter which shall be subject to cultivation under a permit issued by the department.

(3) Exemption for sale of cultivated oysters.

(i) The exemption shall apply to oysters that are cultivated under a marine hatchery, on-bottom or off-bottom culture permit issued by the department pursuant to section 13-0316 of the Environmental Conservation Law.

(ii) Cultivated oysters of any size may be offered for sale or sold to commercial markets for consumption or resale.

§48.5 Marking and Identification of Cultivation Products

(a) Marine plant or animal life permitted by the department to be possessed, raised, and bred in a marine hatchery or through on-bottom or off-bottom culture, pursuant to section 13-0316 of the Environmental Conservation Law and the provisions of this Part, may be sold to other permitted hatcheries, educational and scientific institutions, persons holding a valid on-bottom and off-bottom culture permit and, as specifically provided in section 48.4 of this Part, to commercial markets for consumption or resale provided that each shipping container is marked with a label bearing the following information:

(1) the name and quantity of the species contained.

(2) the name and address of the original consignor and consignee.

(3) the marine hatchery, on-bottom and off-bottom culture permit number of the original consignor.

(b) Prior to the sale of cultivated shellfish for consumption or resale, except for shellstock (unshucked) bay scallops, to the holder of a valid class A or B shellfish dealer's permit who has a place of business in the County of Nassau or Suffolk, the culturist shall affix to each container a shellfish tag as required by the provisions of paragraph 42.13(a)(5) of this Title. In addition to the tagging requirements in paragraph 42.13(a)(5), each shellfish tag must indicate, in waterproof ink, the following:

(1) The marine hatchery, on-bottom or off-bottom culture permit number and identification as "farmed-raised"; and

(2) The statement "Keep Refrigerated" or an equivalent statement.

(c) Prior to the sale and shipment of cultivated shellfish for consumption or resale, except for shellstock (unshucked) bay scallops, the culturist shall affix to each container a shellfish dealer tag as required by the provisions of paragraph 42.11(a)(3) of this Title. In addition to the tagging requirements in paragraph 42.11(a)(3), each shellfish tag must indicate, in waterproof ink, the following:

(1) The marine hatchery, on-bottom or off-bottom culture permit number and identification as "farmed-raised"; and

(2) The statement "Keep Refrigerated" or an equivalent statement.

(d) Prior to the sale and shipment of cultivated shellstock (unshucked) bay scallops authorized pursuant to the provisions of subdivision 48.4(c) of this Part to commercial markets for consumption or resale, the culturist shall affix to each container a shellfish dealer tag as required by the provisions of paragraph 42.11(a)(3) of this Title. In addition to the tagging requirements in paragraph 42.11(a)(3), each shellfish dealer tag shall be yellow in color with black lettering and must indicate, in water proof ink, the following:

(1) The off-bottom culture permit number and identification as "farmed-raised"; and

(2) The statement "Keep Refrigerated" or an equivalent statement.

The shellfish dealer tag affixed to each container of cultivated shellstock bay scallops shall remain attached to such container until the bay scallops are prepared for final consumption or sold to the final consumer.

(e) No culturist shall be in possession of cultivated shellstock (unshucked) bay scallops and wild bay scallops on the same day.

(f) No culturist shall pack cultivated shellfish from more than one cultivation site, as specified on a permit issued pursuant to this Part, in the same container.

(g) No culturist shall pack cultivated shellfish in the same container with wild shellfish, when taken from any cultivation site or harvest area in the State.

(h) Prior to being sold as a food product, each individual food fish, other than hybrids or parts thereof, shall bear a serially numbered tag provided and applied by the culturist. The tag must be used in ascending numerical order and shall be firmly attached to each whole fish or to each part thereof. The tag must remain attached until the product is prepared for final consumption and must be cut or broken in half, rendering it unusable, upon preparation of the product for consumption. The following information must appear on each tag:

(1) place of origin.

(2) marine hatchery or culture permit number.

(3) month & year of production.

(4) species identification.

(5) tag number.

(i) The individual tagging of cultured hybrid food fish, or parts thereof, is not required. Documentation of each consignment or sale of cultured hybrid food fish is required and must conform to the provisions of subdivision (j) of this section and subdivision 48.6(b) of this Part.

(j) Each consignment or sale of cultured food fish, other than that to the final consumer, must be accompanied by an invoice or shipping label bearing the date, the number of whole fish or parts contained therein and their tag numbers, the species, the total weight of whole fish or parts contained therein, the culture facility of origin, the consignor and the consignee.

(k) Individual tagging requirements of this section shall not be required for the transfer of live, cultured food fish, to facilities where they will be grown to larger sizes.

(l) All hybrid species must be identified, sold or offered for sale as hybrid products.

§48.6 Records

(a) Except as otherwise required in subdivision (b) of this section, each person holding a valid marine hatchery or on-bottom and off-bottom culture permit shall maintain a record indicating the quantity and disposition of all products produced and distributed within the previous 12-month period; this record shall include, but not be limited to, a list of all products disposed of that were of less than legal size.

(b) Culturists, seafood wholesalers and seafood retailers must keep records of invoices or shipping labels describing their receipts and disbursements of cultured food fish. These records must include all information as required in subdivision 48.5(j) of this Part. Such records shall be maintained for a period of one year from the date of consignment or sale.

(c) Such records shall be made immediately available to the department upon request.

§48.7 Reporting

(a) The holder of a marine hatchery, on-bottom or off-bottom culture permit shall file a report to the department on a form prescribed by the department of all sales of bay scallops of less than legal size that are sold to the holders of marine hatchery, on-bottom or off-bottom culture permits issued pursuant to section 13-0316 of the Environmental Conservation Law. The report shall be filed 15 days after the end of the month in which bay scallop seed sales were undertaken.

(b) The holder of a marine hatchery, on-bottom or off-bottom culture permit issued pursuant to section 13-0316 of the Environmental Conservation Law shall file a report of all sales of oysters and shellstock (unshucked) bay scallops subject to the exemption authorized under subdivision 48.4(c) on a form prescribed by the department 15 days after the end of each month. A report shall not be required to be filed for any month where sales of bay scallops or oysters, under such exemption, were not undertaken by the permit holder pursuant to this Part.