Section 13-0330. Whelks or conchs; license to take

1.  A  person  domiciled  within  the  state may take whelks or conchs
  (Busycon spp.) for commercial purposes from the waters of the state upon
  first obtaining a license from the department.
    a. The department shall prescribe and furnish  forms  for  application
  for such permit.
    b. The fee for such whelk license shall be thirty dollars.
    2.  A  person  not  domiciled in the state who is domiciled in a state
  that provides reciprocal permits or licenses to persons domiciled in New
  York state may take whelks  or  conchs  (Busycon  spp.)  for  commercial
  purposes upon first obtaining a license from the department.
    a.  The  department  shall prescribe and furnish forms for application
  for such permit.
    b. The fee for such whelk license shall be fifty dollars.
    3. Whelk licenses shall be non-transferable, and shall expire  on  the
  last day of December of each year.
    4.  The  holder  of  a whelk license must be present and must have the
  license in possession and available for inspection at all times when the
  privileges of the license are being exercised.
    5. For purposes of this section, "commercial purposes" shall mean  the
  taking or landing of twenty-five or more whelks in any one day.
    6.  The  department  may,  until  December  thirty-first, two thousand
  eleven, fix by regulation measures for the management of whelk or  conch
  (Busycon spp.), 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  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  and  provided
  further  that  such  regulations  are  consistent  with  the  compliance
  requirements of applicable  fishery  management  plans  adopted  by  the
  Atlantic   States   Marine  Fisheries  Commission  and  with  applicable
  provisions of fishery management plans adopted pursuant to  the  Federal
  Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).