N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 43-2.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 43-2.4 - Permit requirements; issuance and revocation procedures

(a) Each person participating in harvest operations on board a vessel harvesting surfclams and ocean quahogs from the Atlantic Ocean shall possess a New York State shellfish diggers permit.

(b) Any owner or lessee of a vessel eligible to take surfclams and ocean quahogs by mechanical means from the Atlantic Ocean shall obtain a surfclam/ocean quahog Atlantic Ocean permit prior to harvesting. This permit shall authorize a holder to take surfclams or ocean quahogs, or both, with the vessel identified on the permit. Nonresidents of the State and foreign corporations may be issued a surfclam/ocean quahog Atlantic Ocean permit provided that the vessel identified on the permit is registered in a state which accords reciprocal clamming privileges to residents of New York and provided that such nonresident is a resident of a state which accords such reciprocal privileges and, in the case of a foreign corporation, it is organized under the laws of a state which accords reciprocal privileges.

(c) Application for a surfclam/ocean quahog Atlantic Ocean permit may be made by fully completing the application form provided by the department for that purpose.

(d) A permit issued to a vessel owner or lessee shall identify the vessel to be used in the harvest of surfclams and ocean quahogs. No vessel may be used in the surfclam and ocean quahog fishery without being specifically identified on a permit issued in the name of the owner or lessee of the vessel. Only a vessel owned by a resident may be identified on a permit issued to a resident.

(e) If an application is made by a domestic corporation, the application shall be signed by the members of the board of directors of such corporation. If all members of the board of directors and all stockholders are residents, such corporation shall be eligible for a resident surfclam/ocean quahog Atlantic Ocean permit. If any member of the board of directors or any stockholder is not a resident, such corporation shall be eligible for a nonresident surfclam/ocean quahog Atlantic Ocean permit only.

(f) The holder of a surfclam/ocean quahog Atlantic Ocean owner's permit that has been issued to a domestic corporation must provide written notification to the department immediately following any change in ownership, principal officers, members of the board of directors and shareholders. In the event that there is a change in ownership of a corporation which holds such permit, the new corporate president or principal officer must complete, sign and submit an application for a surfclam/ocean quahog Atlantic Ocean owner's permit to the department for re-issuance of such permit. The application must be signed by all members of the board of directors and a list, with the names and addresses of all shareholder, along with a certificate of incorporation must be provided to the department.

(g) Only those persons who were issued a surfclam/ocean quahog Atlantic Ocean owner's permit in the previous year shall be eligible to be issued such permit provided that the vessel meets the eligibility requirements set forth in Subpart 43-3 of the Part. This permit must be renewed annually in order to maintain eligibility to participate in the Atlantic Ocean fishery.

(h) Any operator or captain of a vessel eligible to take surfclams and ocean quahogs by mechanical means from the Atlantic Ocean shall obtain a surfclam/ocean quahog Atlantic Ocean captain/operator permit. This permit authorizes the resident permit holder to operate a vessel used to take surfclams or ocean quahogs, or both, by mechanical means. Nonresidents of the State may be issued a surfclam/ocean quahog Atlantic Ocean captain/operator permit provided that the nonresident is a resident of a state which accords reciprocal clamming privileges to residents of New York. No vessel may be used in the surfclam and ocean quahog mechanical fishery without there being a person on board such vessel whose permit identifies the permit holder as captain or operator.

(i) Permits issued pursuant to this subdivision shall expire on December 31st of the year of issuance.

(j) Licenses or permits issued pursuant to this Part may be revoked by the department pursuant to the provisions of Part 39 of this Title.

(k) Nothing in this Subpart precludes or affects the commissioner's authority to issue summary abatement orders pursuant to Environmental Conservation Law, section 71-0301, and rules and regulations adopted pursuant thereto, or to take emergency actions summarily suspending a permit as provided in section 401(3) of the State Administrative Procedure Act.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 43-2.4

Amended New York State Register July 10, 2024/Volume XLVI, Issue 28, eff. 7/10/2024