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Part 43 - Non-Atlantic Surfclam - Express Terms

Express Terms

43-1.4 Permit requirements; issuance and revocation procedures.

Subdivisions 43-1.4(a) and (b) are repealed.

New subdivisions 43-1.4(a) and (b) are adopted to read as follows:

(a) Each person participating in harvest operations on board a vessel harvesting surfclams or ocean quahogs from public underwater lands other than the Atlantic Ocean shall possess a valid New York State shellfish digger's permit.

(b) (1) Any operator or captain of a vessel harvesting surfclams and ocean quahogs by mechanical means from public underwater lands other than the Atlantic Ocean shall obtain a surfclam/ocean quahog other than Atlantic Ocean captain/operator permit ("captain/operator permit"). This permit authorizes the permit holder to operate a vessel used to take surfclams or ocean quahogs, or both, by mechanical means.

(2) A captain/operator permit applicant shall identify on the permit application form the vessel to be used in the harvest of surfclams or ocean quahogs by mechanical means. An application will not be deemed complete without the vessel registration number ('i.e.', State registration or United States Coast Guard documentation number) and, if federally documented, the vessel used to take surfclams or ocean quahogs by mechanical means must be specifically identified on a permit issued in the name of the operator or captain of the vessel. Any vessel identified on a captain/operator permit application or permit must comply with the provisions of section 43-1.6 of this Subpart.

(3) Any vessel engaged in the taking of surfclams or ocean quahogs by mechanical means must have a captain/operator permit holder on board such vessel whose permit identifies that vessel and identifies that permit holder as an operator or captain of the vessel.

(4) The holder of the captain/operator permit will be held responsible for all fishing activities and liable for all violations of 6 NYCRR Subpart 43-1 that occur on such vessel.

Subdivision 43-1.10(a) is repealed.

New subdivision 43-1.10(a) is adopted to read as follows:

(a) Any person who is the holder of a surfclam/ocean quahog other that Atlantic Ocean captain/operator permit (hereafter "captain/operator permit") issued pursuant to subdivision 43-1.4(b) of this Subpart shall complete and submit and accurate report detailing all harvesting and sales activities for each trip surfclams or ocean quahogs are harvested by mechanical means. Trip reports shall be completed, signed, and submitted to the department for each Sunday through Saturday period on a form prescribed by the department.