Statutes, codes, and regulations
New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATIONChapter I - FISH AND WILDLIFESubchapter F - MARINE FISHERIES
Part 49 - Shellfish Management
Section 49.1 - Bay scallops (argopecten irradians)

N.Y. Comp. Codes R. & Regs. tit. 6 § 49.1

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Current through Register Vol. 46, No. 45, November 2, 2024
Section 49.1 - Bay scallops (argopecten irradians)
(a) Purpose. The purpose of this section is to establish conservation and management measures necessary to promote and restore the viability of sustainable bay scallop populations in Peconic bays and other waters of the marine district.
(b) Open season. Bay scallops may be taken during the period from the first Monday in November to March 31st, both inclusive.
(c)
(1) No person shall take bay scallops except during the open season identified in subdivision (b) of this section.
(2) Except as provided in paragraph (5) of this subdivision, only bay scallops having an annual growth line and measuring not less than 21/4 inches from the middle of the hinge to the middle of the bill shall be taken
(3) Scallops shall be culled when taken.
(4) Except as provided in paragraph (5) of this subdivision, any bay scallops taken that do not have an annual growth line or that measure less than 21/4 inches from the middle of the hinge to the middle of the bill shall be immediately returned alive to the water.
(5) When unintentionally and unavoidably taken, bay scallops which do not have an annual growth line or that measure less than 21/4 inches from the middle of the hinge to the middle of the bill shall comprise, by number, no more than two percent of the total catch. For purposes of determining compliance with this subdivision, not less than one representative U.S. standard bushel may be selected from the total catch for examination. If the bushel selected for examination is found to contain a number of scallops in excess of two percent by count that do not have an annual growth line or that measure less than 21/4 inches from the middle of the hinge to the middle of the bill, the entire catch from which such bushel was taken shall be deemed to contain in excess of two percent scallops, and shall be subject to seizure and applicable penalties under the law.
(d) Gear restrictions.
(1) Bay scallops may be taken by dredge or scrape, having an opening at the mouth not to exceed 36 inch in width, when towed by a boat operated by mechanical power, or other means provided that such dredge or scrape is brought aboard by hand power without the use of a mechanical device.
(2) Bay scallops shall not be taken on Sundays by use of a dredge or other device operated by power.
(e) Catch limits. A person shall not take in excess of 10 bushels of bay scallops in one day. Two or more persons occupying the same boat while taking bay scallops may take in the aggregate not more than 20 bushels in one day.
(f) Possession and sale. The following provisions shall apply to possession and sale of bay scallops:
(1) No person shall possess bay scallops for sale for food purposes from April 1st to the first Monday in November. The provisions of this section shall not prohibit the possession of bay scallops, or sale of such scallops, which have been taken from approved areas during the period from the first Monday in November to March 31st, both inclusive, shucked and packed in approved packages and frozen, and thereafter kept in a frozen state.
(2) Bay scallops that may lawfully be sold pursuant to the provisions of the Fish and Wildlife Law and regulations adopted pursuant thereto, if lawfully taken in another state or country, may be transported into this State and possessed, bought and sold at any time.
(g) Scallop salvage and relay. Notwithstanding the provisions of subdivision (c) of this section, the department may issue permits to transplant or salvage scallops of any age, subject to department supervision and regulation, when upon due investigation the department shall find that such scallops are in danger of destruction as the result of predators or wind and tidal action, or other causes.
(h) Exemption for cultivated bay scallops. The harvest, possession and sale of bay scallops of less than legal size that are cultivated under a marine hatchery, on-bottom or off-bottom culture permit issued by the department, and subject to the provisions of section 13-0316 of the Environmental Conservation Law and Part 48 of this Title, shall be exempt from the provisions of subdivisions (b) through (f) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 49.1

Amended New York State Register April 25, 2018/Volume XL, Issue 17, eff. 4/25/2018