N.Y. Comp. Codes R. & Regs. tit. 6 § 45.1

Current through Register Vol. 46, No. 25, June 18, 2024

Section 45.1 - Definitions

Unless the context otherwise requires, the following terms and their derivatives when used in this Part shall have the following meanings:

(a) Certified shellfish lands means shellfish lands from which the harvesting of shellfish for use as food is permitted by commissioner's order or by any applicable statute, regulation or ordinance passed by any other state or nation; provided further, however, that standards, methods and techniques used by any such state or nation to determine certification shall be found in the judgment of the commissioner to be substantially equal to those of the State of New York with regard to the protection of the public health and safety.

(b) Cleansing area means a relay area within certified shellfish lands which has been temporarily declared uncertified pursuant to this Part and within which shellfish may be deposited for the purpose of reducing the numbers of fecal coliform bacteria which may be present in such shellfish in order to make them safe for human consumption.

(c) Commissioner means the Commissioner of Environmental Conservation or his duly authorized representative.

(d) Department means the State of New York Department of Environmental Conservation.

(e) Fecal coliform means bacteria of the coliform group which will produce gas from EC medium when such medium is incubated for 26 hours or less at 44.5 degrees Celsius plus or minus 0.2 degrees Celsius in a water bath.

(f) Harvest area means shellfish lands from which shellfish are removed for transplanting purposes.

(g) Marine district means the waters of the Atlantic Ocean within three nautical miles of the coastline of the State and all tidal waters within the State including the Hudson River up to the Governor Mario M. Cuomo Bridge.

(h) Person means an individual, group of individuals, public or private corporation, industry, copartnership, joint-stock company or other legal entity.

(i) Relay means that part of a shellfish transplant operation in which shellfish harvested from one shellfish land area are deposited on another shellfish land area.

(j) Relay area means a shellfish land of the marine and coastal district to which shellfish are relayed.

(k) Shellfish transplant permit means a permit which authorizes the undertaking of a shellfish transplant.

(l) Shellfish transplant harvester's permit means a permit which allows a person to harvest shellfish in connection with activities allowed by a shellfish transplant permit.

(m) Shellfish means oysters, scallops and all kinds of clams and mussels.

(n) Shellfish lands means all tidal waters, the lands thereunder and such lands as are exposed at low tide, within and without the State of New York.

(o) Transplant means any transfer of shellfish from shellfish lands within or without the State to shellfish lands within the State, which requires the issuance of a permit pursuant to article 13 of the Environmental Conservation Law.

(p) Uncertified shellfish lands means shellfish lands from which the harvesting of shellfish for use as food has been prohibited by commissioner's order or by a statute, regulation or ordinance passed by any state or nation; provided further, however, that standards, methods and techniques used by any such state or nation to determine uncertification shall be found in the judgment of the commissioner to be substantially equal to those of the State of New York with regard to the protection of the public health and safety.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 45.1

Amended New York State Register June 5, 2019/Volume XLI, Issue 22, eff. 6/5/2019