N.Y. Comp. Codes R. & Regs. tit. 6 § 48.3

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

Section 48.3 - Permits

(a) Marine hatchery, on-bottom and off-bottom culture permits.

(1) The department in its discretion may issue marine hatchery, on-bottom and off-bottom culture permits.

(2) The department may prescribe any conditions or limitations to such permits which, in the opinion of the commissioner, are necessary to protect the public health and safety and provide for the continued viability of the marine resources of the State.

(3) All marine hatchery, on-bottom and off-bottom culture permit applications shall be completed in a form and in a manner established by the department. Applications shall be submitted within such time as will afford an adequate period for department review.

(4) Each marine hatchery, on-bottom and off-bottom culture permit shall include the identification of the species of marine plant or animal life which may be cultivated.

(5) Each on-bottom and off-bottom culture permit shall include the specific location in which such activities may take place.

(6) No on-bottom and off-bottom culture permit shall be issued unless the applicant shall have provided the department with satisfactory confirming documentation of the applicant's title to, or appropriate grant, lease or other legal control, of all underwater lands where on-bottom and/or off-bottom culture shall be undertaken.

(b) Importation permits.

(1) The department in its discretion may issue an importation permit which shall allow for the importation and introduction of live marine plant or animal life for cultivation purposes.

(2) An importation permit must be obtained by the holders of valid marine hatchery, on-bottom and off-bottom culture permits prior to each importation activity.

(3) All importation permits shall be completed in a manner and in a form established by the department. Applications shall be submitted within such time as will afford an adequate period for department review.

(4) Each importation permit shall include the following:

(i) identification of the species to be imported;

(ii) the specific location from which a species is to be obtained for importation;

(iii) the period of time at which, or during which, importation may take place;

(iv) the person from whom the species to be imported shall be obtained;

(v) the manner and method of importation, as well as the identity of all separate persons, corporations or carriers, involved in the specific importation process;

(vi) the area or location of the hatchery or other facility to which the species is to be delivered and in which the species will be cultivated;

(vii) the disposition of such species;

(viii) any additional conditions, provisions or information which the commissioner may deem necessary to protect the health and welfare of the people of the State and the continued viability of existing marine resources.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 48.3