Section 13-0325. Clams; prohibited acts

1.  Except for transplanting as provided in section 13-0321, no person
  shall  take,  harvest,  possess,  sell,  offer  for  sale  or  otherwise
  trafficked in hard clams (Mercenaria mercenaria) measuring less than one
  inch in thickness.
    2.  Hard  clams  less  than  one  inch  in  thickness  may be taken by
  shellfish growers from leased or privately owned lands other  than  town
  lands  currently  under  cultivation  by the grower for transplanting to
  other such lands being cultivated by the same grower, and imported  from
  another  state  by  a  shellfish  grower  for transplanting to public or
  private or leased lands under cultivation, provided a  permit  for  each
  separate  transplanting operation is issued by the department subject to
  provisions of sections 13-0319 and 13-0321. The  permit,  providing  for
  transplanting  hard  clams  less  than  one  inch in thickness, shall be
  issued without fee. Such clams shall  not  be  transported  to  a  point
  without the state.
    3.  Soft  or  steamer  clams (Mya arenaria) less than one and one-half
  inches in the longest diameter shall not be  taken,  possessed,  bought,
  sold or otherwise trafficked in.
    4.  a.  Surf,  sea, hen or skimmer clams (Spisula solidissima; Spisula
  polynyma) less than three inches in the longest diameter  shall  not  be
  taken,  possessed,  bought, sold, or otherwise trafficked in except that
  such clams less than four inches in the longest diameter  shall  not  be
  taken from the waters of the Atlantic Ocean for use as food.
    b.  All  surf,  sea, hen or skimmer clams and ocean quahogs taken from
  the waters of the marine and coastal district shall  be  landed  in  the
  state of New York.
    c.  Boats  of  nonresidents  may be licensed to take surf, sea, hen or
  skimmer clams and ocean quahogs from the waters of  the  Atlantic  Ocean
  within the marine and coastal district in accordance with paragraph c of
  subdivision  three  of section 13-0309 hereof, provided that the boat is
  registered in a state which accords reciprocal  clamming  privileges  to
  residents  of this state and provided that the owner is a citizen of the
  United States and a resident of a state according reciprocal  privileges
  to  residents  of this state. The license shall be issued in the name of
  the boat and shall be on board during all licensed operations.  The  fee
  for  said  license  shall be five hundred dollars per boat. Each license
  shall expire on the thirty-first day of  December  next  succeeding  its
  issue,  and  if  it  appears  in  the public interest the department may
  suspend or cancel such license on ten days  notice  in  writing  to  the
  holder  thereof,  except  that  in  case of a taking from an uncertified
  area, such suspension or cancellation may be without prior notice.
    d. Any individual, while participating in the operation of a  licensed
  boat, shall be exempt from the requirements of section 13-0311 but shall
  not  ship or sell shellfish taken by such boat without first obtaining a
  shellfish shipper's permit as provided for in section 13-0315.
    5. Clams shall be culled when  taken  in  accordance  with  rules  and
  regulations  promulgated  by  the  commissioner.  Clams which may not be
  taken, possessed, offered for sale,  sold  or  otherwise  trafficked  in
  pursuant  to the provisions of subdivision 1, 3 or 4 of this section may
  compose not to exceed  three  per  centum  of  any  bushel,  package  or
  container,  when  unavoidably  taken.  Such  three  per  centum shall be
  determined by the  measurement  of  any  bushel,  or  other  package  or
  container  of  different measurement of clams taken from the catch or in
  the possession of the person offering the same for sale.
    6. Each bushel, or other package or container of different measurement
  containing an excess of three per centum  of  clams  which  may  not  be
  taken,  possessed,  offered  for  sale,  sold or otherwise trafficked in

  pursuant to the provisions of subdivision 1, 3  or  4  of  this  section
  determined by count shall constitute a separate violation.
    7. It shall be unlawful to knowingly:
    a. Transport, conceal or convey hard shell clams obtained or possessed
  in  contravention of the provisions of this chapter in, upon or by means
  of any vehicle, vessel or aircraft; or
    b. Conceal or possess  hard  shell  clams  obtained  or  possessed  in
  contravention  of the provisions of this chapter in or upon any vehicle,
  vessel or aircraft.
    8. The department may, until December 31, 2011,  adopt  by  regulation
  measures  for the management of hard clams (Mercenaria mercenaria), soft
  or steamer clams (Mya arenaria), and razor clams (Ensis sp.),  including
  size  limits,  catch  and  possession  limits,  open and closed seasons,
  closed  areas,  restrictions  on  the  manner  of  taking  and  landing,
  requirements  for  permits  and  eligibility therefor, recordkeeping and
  identification requirements, requirements on  the  amount  and  type  of
  fishing  effort  and  gear, and requirements relating to transportation,
  possession  and  sale,  provided  that  such  regulations  are  no  less
  restrictive than requirements set forth in this chapter.