Section 13-0311. Digger's permit to take shellfish for commercial purposes; when not required

1. Subject to the provisions  of  this  article,  a  person  may  take
  shellfish  from  under water lands in the state for commercial purposes,
  including the culling, sorting or tagging of such shellfish,  only  upon
  first  obtaining  a  digger's  permit  from  the  department,  provided,
  however, that the application for such permit by a person sixteen  years
  of  age  or  under  shall be signed by his parent or legal guardian, who
  shall thereby consent to the issuance of the permit.
    2. The department shall prescribe and furnish  forms  for  application
  for such permit.
    3.  The  fee  for  such  permit  shall  be  fifty dollars for a person
  domiciled within the state. The fee for persons not domiciled within the
  state shall be one hundred fifty dollars. Such permit  shall  expire  on
  December  31 of the year of issue. If it appears in the public interest,
  the department may, after hearing held on ten day's notice,  suspend  or
  cancel such permits, except that in case of a taking from an uncertified
  area such suspension or cancellation may be without prior notice.
    4.  The holder of such permit shall not ship or sell shellfish, except
  to a holder of a valid  Class  A,  B,  or  E  shipper's  permit,  issued
  pursuant  to  section 13-0315 of this title, who has a place of business
  in the county of Nassau or Suffolk, without first obtaining a  shipper's
  permit as provided in subdivision 1 of section 13-0315.
    5.  Subject  to  the provisions of this article, a person may, without
  permit, take not more than  a  total  of  four  pecks  (one  bushel)  of
  shellfish  other  than  bay scallops and not more than four pecks of bay
  scallops (Argopecten irradians) in any one  day  for  the  use  of  such
  person  or  such  person's  family. Within the one bushel total limit of
  species, other than bay scallops, which may be  taken  in  one  day  the
  following species-specific limits shall apply:
    a.  Hard  clams  (Mercenaria  mercenaria).  Not  more than one hundred
  individual organisms.
    b. Blue mussels (Mytilus edulis). Not more than two pecks.
    c. Oysters (Crassostrea virginica). Not more than two pecks.
    d. Soft Clams (Mya arenaria). Not more than two pecks.
    6. The holder of such digger's permit shall carry the permit  assigned
  to  such  holder  while  engaged  in  the  permitted activities, and the
  failure by such holder to exhibit the permit to any shellfish inspector,
  environmental conservation  officer,  health  official,  peace  officer,
  acting  pursuant  to  such  officers'  special duties, police officer or
  magistrate shall be presumptive evidence that no valid  digger's  permit
  has been issued to the person who fails to produce such permit.
    7.  No  person shall take shellfish or assist another in the taking of
  shellfish in any quantity, including the culling, sorting or tagging  of
  such  shellfish,  during  the  time  that  such person's digger's permit
  privileges have been revoked or suspended.
    8. Endorsed vessels. a. Upon application to the  department  on  forms
  furnished by the department, a shellfish digger's permit may be endorsed
  for  use  on  a  vessel,  in  which case such permit shall authorize all
  persons on board such vessel to engage  in  the  taking  of  hard  clams
  (Mercenaria  mercenaria)  and oysters (Crassostrea virginica), including
  the culling, sorting, and tagging of such  shellfish.  Each  application
  shall  include  a  copy  of  one  of the following documents as proof of
  vessel length: the certificate of documentation for the vessel issued by
  the United States government, or the registration for the vessel  issued
  by any state government within the United States.
    b. The fee for endorsing a shellfish digger's permit to a vessel shall
  be  fifty  dollars for a vessel that is forty feet or less in registered

  length, and one hundred dollars for a vessel that is greater than  forty
  feet  in  registered length. Such fee shall be in addition to the permit
  fee provided for in subdivision three of this section.
    c.  Not  more than one rake, tong or other shellfish harvesting device
  shall be used for the taking of hard clams and oysters at any given time
  pursuant to a digger's permit which has been endorsed to a vessel.
    d. A shellfish digger's permit which has been  endorsed  to  a  vessel
  shall  not  cover  any person whose shellfish digger's permit privileges
  have been revoked or suspended.
    e. The holder of a shellfish digger's permit which has  been  endorsed
  to  a  vessel shall be on board such vessel at all times when the vessel
  is being used for the taking of hard clams and oysters.
    f. The holder of a shellfish digger's permit which has  been  endorsed
  to  a vessel shall be liable for all violations of this title that occur
  on such vessel.
    g. If the holder  of  a  shellfish  digger's  permit  which  has  been
  endorsed to a vessel is a corporation, the operator of such vessel shall
  possess  a  separate  shellfish digger's permit issued in the operator's
  name, and such operator shall be liable for all violations of this title
  that occur on such vessel.
    h. A shellfish digger's permit shall not be endorsed to more than  one
  vessel at any one time.
    i.  The  holder of a shellfish digger's permit which has been endorsed
  to a vessel  shall  maintain  a  daily  log  indicating  the  names  and
  addresses  of individuals covered by such permit for each day the vessel
  is used for taking hard clams  and  oysters  and  shall  make  such  log
  available to the department upon request.