N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 43-2.3

Current through Register Vol. 46, No. 51, December 18, 2024

Section 43-2.3 - Definitions

The following terms and derivatives when used in this Subpart shall have the following meanings:

(a) Atlantic Ocean means all those waters of the Marine and Coastal District, excluding bays and harbors, which are seaward of Long Island's south shore and, at the east end, are southerly of a line between Montauk Point, Long Island, and Southeast Point, Block Island; and, at the west end, are easterly of a line between Rockaway Point, Long Island, and the most northerly tip of Sandy Hook, New Jersey.

(b) Cage tag means a serially numbered and tamper-evident tag required to be affixed to all standard cages or industry standard bushel containers, or portion thereof, of surfclams harvested by mechanical means from the New York State certified waters of the Atlantic Ocean which is obtained from the department or a vendor approved by the department.

(c) Certified waters means waters which are certified to be in such sanitary condition that shellfish therefrom may be taken for use as food pursuant to Part 41 of this Title.

(d) Commissioner means the Commissioner of the New York State Department of Environmental Conservation.

(e) Department means the New York State Department of Environmental Conservation.

(f) Digger's permit means a permit issued pursuant to section 13-0311 of the Environmental Conservation Law.

(g) Effective fishing area means that area of the sea bottom from which harvesting gear collects shellfish, including: the width or cutting area of blades, bars, wires, suction heads or similar structures or openings, including any water jet area, which affect the swath or overall width of the path from which surf clams and ocean quahogs are taken.

(h) Individual fishing quota means the annual allocation of surfclam quota that is assigned to each eligible surfclam vessel based on the annual harvest limit divided equally by the number of eligible vessels authorized to participate in the Atlantic Ocean surfclam fishery.

(i) Industry standard bushel means a unit of measure which is 1.88 cubic feet in volume.

(j) Operator means an individual who may be held responsible for the fishing activities of a vessel. An operator is commonly referred to as the captain or master of a vessel.

(k) Person means an individual, partnership, corporation or any other legal entity.

(l) Resident means a person whose domicile is within New York State.

(m) Standard cage means a container which is 60 cubic feet in volume and holds 32 industry standard bushels of surf clams and ocean quahogs in the shell.

(n) Vessel monitoring system means a vessel monitoring system or unit that is installed on board a vessel for monitoring and transmitting the vessel's position as required by this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 43-2.3