There is a newer version of the New York Consolidated Laws
2006 New York Code - Digger\'s Permit To Take Shellfish For Commercial Purposes; When Not Required.
§ 13-0311. Digger's permit to take shellfish for commercial purposes; when not required. 1. Subject to the provisions of this article, a person may take shellfish from under water lands in the state for commercial purposes, including the culling, sorting or tagging of such shellfish, only upon first obtaining a digger's permit from the department, provided, however, that the application for such permit by a person sixteen years of age or under shall be signed by his parent or legal guardian, who shall thereby consent to the issuance of the permit. 2. The department shall prescribe and furnish forms for application for such permit. 3. The fee for such permit shall be fifty dollars for a person domiciled within the state. The fee for persons not domiciled within the state shall be one hundred fifty dollars. Such permit shall expire on December 31 of the year of issue. If it appears in the public interest, the department may, after hearing held on ten day's notice, suspend or cancel such permits, except that in case of a taking from an uncertified area such suspension or cancellation may be without prior notice. 4. The holder of such permit shall not ship or sell shellfish, except to a holder of a valid Class A, B, or E shipper's permit, issued pursuant to section 13-0315 of this title, who has a place of business in the county of Nassau or Suffolk, without first obtaining a shipper's permit as provided in subdivision 1 of section 13-0315. 5. Subject to the provisions of this article, a person may, without permit, take not more than a total of four pecks (one bushel) of shellfish other than bay scallops and not more than four pecks of bay scallops (Argopecten irradians) in any one day for the use of such person or such person's family. Within the one bushel total limit of species, other than bay scallops, which may be taken in one day the following species-specific limits shall apply: a. Hard clams (Mercenaria mercenaria). Not more than one hundred individual organisms. b. Blue mussels (Mytilus edulis). Not more than two pecks. c. Oysters (Crassostrea virginica). Not more than two pecks. d. Soft Clams (Mya arenaria). Not more than two pecks. 6. The holder of such digger's permit shall carry the permit assigned to such holder while engaged in the permitted activities, and the failure by such holder to exhibit the permit to any shellfish inspector, environmental conservation officer, health official, peace officer, acting pursuant to such officers' special duties, police officer or magistrate shall be presumptive evidence that no valid digger's permit has been issued to the person who fails to produce such permit. 7. No person shall take shellfish or assist another in the taking of shellfish in any quantity, including the culling, sorting or tagging of such shellfish, during the time that such person's digger's permit privileges have been revoked or suspended.
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