Shellfish Harvesting Regulations
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Harvest Areas
Clams, oysters, mussels and scallops may be taken only from areas designated by DEC as certified (or open) for the harvest of clams, oysters, mussels and scallops.
Use the DEC Public Shellfish Mapper to find areas that are open to shellfishing. This interactive map shows shellfish closures, conditional harvesting programs, shellfish harvest zones, aquaculture lease sites and water sampling stations. Check the Official Descriptions of all Shellfish Closures (Part 41) for uncertified (or closed) areas.
Seasons
- Bay scallops may be taken only from the first Monday in November through March 31.
- All clams, oysters, mussels and other scallops may be taken all year from areas open to shellfishing.
Permits
Recreational Permits
No DEC permit is required for recreational shellfish harvesting from state lands. Local towns have additional restrictions on catch limits, size limits, season, type of gear and may require residency and additional permits. Contact the town you're harvesting from for more information.
Commercial Permits
A Shellfish Digger Permit is required to harvest shellfish in excess of the recreational harvest limit. Check Marine Permits and Licenses for a complete list of commercial fishing permits.
Freshwater shellfish may only be taken or harvested with a license to collect or possess.
Possession Limits and Gear Restrictions
State law limits recreational harvest to no more than one bushel (combined total volume) of clams, oysters and mussels per day. In addition, one bushel of bay scallops per day may be taken during the season. The recreational regulations (PDF) are also available in a printable version.
| Species | Size Limits | Recreational Catch Limits | Commercial Catch Limits |
Gear Restrictions |
|---|---|---|---|---|
| Hard clam | 1 inch thickness across the hinge | 100 clams | Any Number | No mechanical means. Rakes and tongs allowed. Teeth - 1 in spacing Basket - 15/16 in spacing |
| Soft clam | 1-1/2 in length | 1/2 bushel | Any Number | No mechanical means except churning by propeller allowed below low tide |
| Oyster | 3" longest diameter | 1/2 bushel | Any Number | No mechanical means. Dredge with sail allowed on state land and in some towns. Size limit exempted for oysters cultured or transplanted under permit from DEC. |
| Blue mussel | None | 1/2 bushel | Any number. See Note 1 |
No mechanical means, except that dredges may be used in some areas. |
| Bank mussel | None | 1 bushel | Any number | No mechanical means |
| Bay scallop | 2-1/4 inch length from mid hinge to mid bill and an annual growth ring | 1 bushel | 10 bu/person 20 bu/boat per day | Dredges allowed, 36 inch max. width. Use of mechanical means to retrieve dredge prohibited. Use of dredge prohibited on Sunday. Size limit exempted for bay scallops cultured under permit from DEC. |
| Sea scallop | None | 1 bushel | Any number | None |
| Surfclam | 3 inches 4 inches in Atlantic Ocean for use as food |
1 bushel | See Note 2 | Special permit required for mechanical harvest |
| Ocean quahog | None | 1 bushel | See Note 2 | Special permit required for mechanical harvest |
Note 1: 15 bushels/person of blue mussels by dredge allowed in certain areas. Further information is included with the commercial harvesting (diggers) permit.
Note 2: There are restrictions on mechanical harvesting for surfclams and ocean quahogs. Further information is included with the surfclam/ocean quahog mechanical harvesting permit.
Measuring Shellfish
| Hard Clam | Soft Clam | Oyster | Bay Scallop | Surfclam |
|---|---|---|---|---|
| Measured by thickness | Measured by length | Measured by their longest diameter | Measured by length from mid-hinge to mid bill AND also display an annual growth ring.* |
Measured by length |
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*An annual growth rings forms on the scallop valve (shell) where the stoppage of growth during the winter meets new growth that resumes in the spring. The annual growth ring is typically raised and easy to see. You can check for the annual growth ring by running your fingernail from the shell edge to hinge; if it catches, this can be a good indicator of where the annual growth ring is. The growth ring can also be associated with a change in shell color and can typically be seen easier on the bottom shell. The length and growth ring are indicated to the right.
Annual growth rings may be confused with growth checks. Growth checks can occur any time during the growing season when the scallop is disturbed. Typically growth checks are not as pronounced as annual growth rings.
This information has been summarized from the NYS Environmental Conservation Law and NYS regulations. For other information, contact the Shellfisheries Bureau, 631-444-0492.