N.Y. Comp. Codes R. & Regs. tit. 6 § 48.1

Current through Register Vol. 46, No. 51, December 18, 2024

Section 48.1 - Definitions

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

(a) Marine hatchery means any building, pond, tank, raceway or other structure, excluding hobby aquariums and natural bodies of water, in which marine plant or animal life is bred or otherwise cultivated, whether located on land or water, anywhere in the State.

(b) Culture or cultivation means the controlled or partially controlled raising, breeding, growing, planting and containment of marine plant or animal life in any marine hatchery or through on-bottom or off-bottom culture as herein defined.

(c) Off-bottom culture means the raising, breeding or growing of marine plant or animal life, including containment on, or in, any raft, rack, float, cage, box or other similar device or structure in any natural waters of the State.

(d) Waters of the marine and coastal district means all those tidal waters and the lands thereunder which are located within the marine and coastal district as defined in section 13-0103 of the Environmental Conservation Law.

(e) Food fish means all species of the superclass Pisces and hybrids thereof, which are edible.

(f) On-bottom culture means the raising, breeding, growing or planting of marine plant or animal life on, or in, any natural underwater lands of the State.

(g) Commissioner means the Commissioner of Environmental Conservation and his duly authorized representatives.

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

(i) Marine plant and animal life means all organisms that spend or are capable of spending all or part of their life cycle in any waters of the marine and coastal district, except those fish for which the department may issue a hatchery permit pursuant to the provisions of section 11-1909 of the Environmental Conservation Law.

(j) Tag means a nonreusable locking marker which when locked must remain attached during routine handling of each fish or part thereof.

(k) Hybrid means progeny produced by the breeding of marine plant life or animal life of different species.

(l) Cultivation site means the specific location in which cultivation activities may be undertaken as identified on a marine hatchery, on-bottom or off-bottom culture permit issued pursuant to this Part.

(m) Culturist means any person authorized to conduct culture or cultivation activities under a permit issued by the department pursuant to this Part.

(n) Shellfish dealer tag means a tag required to be affixed to a container of cultivated shellfish prior to sale and shipment for consumption or resale consistent with the provisions of section 42.11(a)(3) of this Title.

(o) Shellfish tag means a tag required to be affixed to a container of cultivated shellfish prior to sale for consumption or resale consistent with the provisions of section 41.13(a)(5) of this Title.

(p) Shellstock means any shellfish that have not been processed or released from one or both sells and remains as a whole animal in the shell.

(q) Shucked means to have processed and released shellfish from one or both shells.

(r) Wild bay scallops means all bay scallops existing in a wild or natural state that are not subject to culture or cultivation under a permit issued by the department pursuant to this Part.

(s) Wild shellfish means all shellfish existing in a wild or natural state that are not subject to culture or cultivation under a permit issued by the department pursuant to this Part.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 48.1