N.Y. Environmental Conservation Law Section 13-0319
Shellfish regulations

The department may adopt regulations with respect to the harvesting, transplanting, relaying, receiving, possessing, transporting, importing, exporting, processing, buying, selling of or otherwise trafficking in shellfish; the labeling or tagging thereof; the keeping of records of shellfish received, transported and distributed; the construction, operation and maintenance of all shellfish handling, processing and distributing establishments, including facilities and equipment and the cleaning, cleansing and water storage of shellfish. The provisions of this section relating to transplanting and relaying include but are not limited to the removal of shellfish from uncertified growing areas and transplanting to certified areas for subsequent harvest for market purposes and transplanting of scallops pursuant to section 13-0327. Such regulations may provide for payment of the reasonable costs of the department of supervision of removal of shellfish from uncertified areas, except where such removal is being undertaken by a municipality or political subdivision. Such regulations shall be drawn in such a manner as to provide adequate sanitary control over all shellfish offered for sale and distribution in the state. Such regulations shall not be less restrictive than the minimum requirements of any federal agency regulating the inter-state shipment of shellfish.

Source: Section 13-0319 — Shellfish regulations, https://www.­nysenate.­gov/legislation/laws/ENV/13-0319 (updated Sep. 20, 2019; accessed May 24, 2025).

13–0301
Lease of state-owned underwater lands for shellfish cultivation 13–0302
Lands underwater of Gardiner’s and Peconic bays 13–0303
Tax on state-owned underwater lands held under lease or franchise for shellfish cultivation 13–0305
Marking lands prohibited 13–0307
Sanitary surveys 13–0309
Taking, handling and importation of shellfish 13–0310
Northern or lined seahorses 13–0311
Digger’s permit to take shellfish for commercial purposes 13–0313
Shellfish growers 13–0315
Shellfish shipper’s and processor’s permit 13–0316
Marine hatcheries 13–0317
Shipping tags 13–0319
Shellfish regulations 13–0321
Taking and importation of shellfish for transplanting and other purposes 13–0323
Oysters 13–0325
Clams 13–0327
Scallops 13–0328
Commercial licenses 13–0329
Lobsters 13–0330
Whelks or conchs 13–0331
Crabs 13–0333
Menhaden 13–0334
Marine and coastal district food fish and crustacea dealers and shippers license 13–0335
Food fish 13–0336
Marine and coastal district party and charter boat license 13–0337
Return of fish, crustacea and other animals to the water 13–0338
Sharks 13–0339
Marine fish 13–0339–A
Atlantic cod (Gadus morhua), Atlantic sturgeon (Acipenser oxyrhynchus), shortnose sturgeon (Acipenser brevirostrum), American eel (Anguil... 13–0340
Bluefish (Pomatomus saltatrix) 13–0340–A
Weakfish (Cynoscion regalis) 13–0340–B
Fluke - summer flounder (Paralichthys dentatus) 13–0340–C
Winter flounder (Pleuorenectes americanus) 13–0340–D
Blackfish or tautog (Tautoga onitis) 13–0340–E
Scup (Stenotomus chrysops) 13–0340–F
Black sea bass (Centropristis striata) 13–0340–G
Monkfish (Lophius americanus, Lophius reticulatus and Lophius gastrophysus) 13–0341
Trawls 13–0342
Marine fisheries data 13–0343
Nets other than trawls 13–0343–A
Fish pots and traps 13–0344
Fish, shellfish and crustacea 13–0345
Protection of waters 13–0347
Management of striped bass in marine waters 13–0349
Taking of fish for commercial purposes 13–0350
Marine resources advisory council 13–0355
Recreational marine fishing registration 13–0360
Special management areas 13–0371
Atlantic States Marine Fisheries Compact
Green check means up to date. Up to date

Accessed:
May 24, 2025

Last modified:
Sep. 20, 2019

§ 13-0319’s source at nysenate​.gov

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