§ 13-0315 — Shellfish shipper's and processor's permit

New York § 13-0315

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 3: Marine Fisheries
• Art. 13: Marine and Coastal Resources

Text

§ 13-0315. Shellfish shipper's and processor's permit.\n 1. Prior to the processing, transportation or shipment of shellfish,\neither in intra-state or inter-state commerce, an appropriate permit to\ndo so shall be obtained from the department. Such permit shall be\nrequired of all shippers and dealers in fresh and frozen shellfish\nwithin the state, except retail dealers, and shall certify that the\nholder thereof has complied with all the requirements of sections\n13-0309, 13-0311, 13-0313, 13-0317 and 13-0319 and rules and regulations\nadopted pursuant thereto.\n 2. A shellfish shipper's and/or processor's permit shall be issued\nonly to a person eighteen years or older. The department shall prescribe\nand furnish forms for application for such permit.\n 3. Applicants shall pay, and the department shall be entitled to\nreceive, fees according to the type of permit issued, as follows:\n a. Class A permit. This permit shall allow the holder thereof and any\nperson in the employ of the permit holder, in accordance with\nregulations adopted pursuant to section 13-0319 of this title, to: (i)\nreship shellfish previously shipped by the holder of a class A, B, C, D\nor E permit issued pursuant to this section, or similar permit issued by\nthe shellfish sanitation control agency of another state or foreign\ncountry; (ii) pack or repack shellstock received from the holder of a\ndigger's permit, pursuant to section 13-0311 of this title; or (iii)\npack or repack shellstock from the holder of a class A, B, C, D or E\npermit issued pursuant to this section, or similar permit issued by the\nshellfish sanitation control agency of another state or foreign country.\nThe fee for a class A permit shall be three hundred dollars.\n b. Class B permit. This permit shall allow the holder thereof and any\nperson in the employ of the permit holder to engage in the activities\nauthorized by a class A permit, as described in paragraph a of this\nsubdivision, and to otherwise process shellfish as authorized by\nregulations adopted pursuant to section 13-0319 of this title. The fee\nfor a class B permit shall be six hundred dollars.\n c. Class C permit. This permit shall allow the holder thereof and any\nperson in the employ of the permit holder, in accordance with\nregulations adopted pursuant to section 13-0319 of this title, to reship\nshellfish previously shipped by the holder of a class A, B, C, D or E\npermit issued pursuant to this section, or similar permit issued by the\nshellfish sanitation control agency of another state or foreign country.\nThe fee for a class C permit shall be two hundred dollars.\n d. Class D permit. This permit shall allow the holder thereof, in\naccordance with regulations adopted pursuant to section 13-0319 of this\ntitle, to ship shellstock which the holder has legally harvested from\nshellfish lands of the state. The fee for a class D permit shall be\nseventy-five dollars.\n e. Class E permit. This permit shall allow the holder thereof, members\nof the permit holder's immediate family and not more than two employees\nof the permit holder, in accordance with regulations adopted pursuant to\nsection 13-0319 of this title, to shuck and pack bay scallops which have\nbeen received from the holder of a digger's permit, pursuant to section\n13-0311 of this title, and to ship such scallops in the form of fresh\nshucked stock only in intrastate commerce. The fee for a class E permit\nshall be fifty dollars.\n f. All permits issued pursuant to this section shall expire on the\nthirty-first of December of the year of issue. The department may\nsuspend or revoke any such permit at any time on failure of the holder\nthereof to comply with the conditions thereof.\n