N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 43-1.4
Current through Register Vol. 46, No. 38, September 18, 2024
Section 43-1.4 - Permit requirements; issuance and revocation procedures(a) Each person participating in harvest operations on boar d 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 name, both verified by a valid state registration or USCG Certificate of Documentation. Any 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.(c) The revocation of licenses or permits issued pursuant to this Part will be pursuant to the provisions of Part 175 of this Title.(e) 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 §§ 43-1.4
Amended New York State Register May 2, 2018/Volume XL, Issue 18, eff. 5/2/2018