§ 13-0330 — Whelks or conchs; license to take

§ 13-0330. Whelks or conchs; license to take.\n 1. A person domiciled within the state may take whelks or conchs\n(Busycon spp.) for commercial purposes from the waters of the state upon\nfirst obtaining a license from the department.\n a. The department shall prescribe and furnish forms for application\nfor such permit.\n b. The fee for such whelk license shall be thirty dollars.\n 2. A person not domiciled in the state who is domiciled in a state\nthat provides reciprocal permits or licenses to persons domiciled in New\nYork state may take whelks or conchs (Busycon spp.) for commercial\npurposes upon first obtaining a license from the department.\n a. The department shall prescribe and furnish forms for application\nfor such permit.\n b. The fee for such whelk license shall be fifty dollars.\n 3. Whelk licenses shall be non-transferable, and shall expire on the\nlast day of December of each year.\n 4. The holder of a whelk license must be present and must have the\nlicense in possession and available for inspection at all times when the\nprivileges of the license are being exercised.\n 5. For purposes of this section, "commercial purposes" shall mean the\ntaking or landing of twenty-five or more whelks in any one day.\n 6. The department may, until December thirty-first, two thousand\ntwenty-six, fix by regulation measures for the management of whelk or\nconch (Busycon and Busycotypus spp.), including size limits, catch and\npossession limits, open and closed seasons, closed areas, restrictions\non the manner of taking and landing, requirements for permits and\neligibility therefor, recordkeeping requirements, requirements on the\namount and type of fishing effort and gear, and requirements relating to\ntransportation, possession and sale, provided that such regulations are\nno less restrictive than requirements set forth in this chapter and\nprovided further that such regulations are consistent with the\ncompliance requirements of applicable fishery management plans adopted\nby the Atlantic States Marine Fisheries Commission and with applicable\nprovisions of fishery management plans adopted pursuant to the Federal\nFishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).\n