§ 311 repealed. § 312, subd. 1 amended. § 312, subd. 6 amended. 1. Sanitary inspection of shellfish grounds. It shall be the duty of the supervisor to annually, and as often thereafter as he deems necessary, cause to be inspected and examined by the bacteriologists, appointed as provided herein," all shellfish grounds and other places within the state from which shellfish are taken, planted, cultivated or handled, with a view to ascertaining the sanitary condition of such shellfish grounds and other places, and the fitness of the shellfish in such places, or which may be taken therefrom, for use as articles of food, except that shellfish grounds used exclusively for the growing or cultivating of seed oysters shall not be subject to the sanitary examination and inspection provided for in part X. § 7. Section three hundred and eleven of such chapter as added by chapter three hundred and eighteen of the laws of nineteen hundred and twelve, is hereby repealed. § 8. Subdivision one of section three hundred and twelve of such chapter as added by chapter three hundred and eighteen of the laws of nineteen hundred and twelve,15 is hereby amended to read as follows: 1. Record and certificate of inspection. The supervisor shall determine from the reports of the bacteriologist, or such other inspection as he may order,1 he may order,16 whether such shellfish grounds, waters or places, and the product thereof are in a sanitary condition. He shall keep or cause to be kept an official record of such examination and inspection, and shall immediately thereafter issue a certificate setting forth the date and the result of such examination and inspection to the owners, lessees or persons in possession of such oyster beds and other shellfish grounds, waters or places as shall be found to be in good sanitary condition and the product of which shall be found fit for use as food. The said certificate shall also state the name, place of residence and post-office address of the owner, lessee or person in possession of the grounds from which oysters or other shellfish are taken or upon which the same have been planted or cultivated, and shall contain a brief description of said shellfish grounds, waters or places, their location by lot number, if possible, and the number of acres in each lot or parcel. § 9. Subdivision six of section three hundred and twelve of such chapter as added by chapter three hundred and eighteen of the laws of nineteen hundred and twelve, and last amended by chapter four hundred and twenty-six of the laws of nineteen hundred and fifteen,17 is hereby amended to read as follows: 14 Subd. 1 to here formerly read: "It shall be the duty of the supervisor within one year from the passage of this act, or within such further time as it may require to complete the same and annually thereafter, to cause to be inspected and examined by a competent bacteriologist, appointed by the commission." 15 And amended by L. 1913, ch. 508; L. 1915, ch. 426. 16 Subd. 1 to here formerly read: "The supervisor shall determine from either or both of the reports mentioned, or such other inspection as he may order in the two preceding sections." 17 Subd. 6 was not amended by L. 1915, ch. 426. This subdivision was amended by L. 1913, ch. 508. 6. Notice of conditions of public shellfish grounds. The superi visor shall, after examination and inspection of public shellfish grounds, give to the public, notice of the result of such examination and inspection. Such notice shall be published in a newspaper published in the county and posted in three public and conspicuous places in the town in which said shellfish grounds are located 18 For the purposes of this section the term public shellfish grounds shall be taken to mean shellfish grounds owned by the state or any municipality but which have not been leased or otherwise granted to any person or private corporation. subd. 1 § 10. Subdivision one of section three hundred and thirteen of § 313, such chapter as added by chapter three hundred and eighteen of amended. the laws of nineteen hundred and twelve, is hereby amended to read as follows: 1. Sale of shellfish prohibited unless sanitary condition be certified. After such notice or report of sanitary condition as prescribed in sections three hundred and ten, three hundred and eleven and three hundred and twelve of this chapter, has been given, no19 person20 shall ship, sell, cause cause to be sold, or offer or expose for sale, within this state, for consumption as food, any oyster or other shellfish taken from shellfish grounds or places within the jurisdiction of or forming part of the state of New York, which have not been so certified to be in good sanitary condition and the product of which has not been so certified to be fit for use as food.21 added to § 11. Section three hundred and thirteen of such chapter as Subd. la added by chapter three hundred and eighteen of the laws of $313. nineteen hundred and twelve, is hereby amended by adding thereto a new subdivision, to be subdivision one-a, to read as follows: 1-a. Transportation and sale of shellfish from without the state. No person shall transport, or cause to be transported, into this state, for consumption as food, any oyster or other shellfish taken from shellfish grounds without the state of New York, who is not the holder of a certificate from the state board of health of the state in which the grounds are situated from which the oysters or shellfish were last removed, that such grounds are in good sanitary condition, which certificate, or a certified copy thereof, must be approved by the conservation commission and filed in its office; nor shall any person sell, cause to be sold, or offer or expose for sale, within this state, for consumption as food, any oyster or other shellfish taken from shellfish grounds which have not been so certified to. § 12. Section three hundred and eighteen of such chapter 318 as added by chapter three hundred and eighteen of the laws o 18 Sentence omitted which read: "The actual expense of making such examination and inspection shall be a charge upon and paid by the towns within which such public shellfish grounds are located and the fee provided for in subdivision two of this section shall not apply in such case.' any." 19 Word no substituted for word " 20 Word "who omitted. 21 Words shall be guilty of a misdemeanor," omitted. amended. 8 321 amended. § 322 amended. nineteen hundred and twelve, and last amended by chapter twenty-four of the laws of nineteen hundred and twenty,22 is hereby amended to read as follows: § 318. Scallops and oysters;23 open season; size limit. Scallops measuring not less than two inches from the middle point of the hinge to the middle point of the bill or lip may be taken from September first to March thirty-first, both inclusive, and when so taken may be possessed from September first to April fifteenth, both inclusive.24 Scallops taken from the waters of the state shall be culled when taken and all scallops of a size less than herein provided for shall be immediately returned alive to the water, but the provisions of this section shall not apply to scallops other than of a legal size unavoidably taken; provided, that the number so taken at any one time does not exceed three per centum of the total catch of scallops after being culled as herein provided. Scallops taken in accordance with the provisions of this section shall be taken ashore in the shell, except that not to exceed one gallon of scallops out of their shells may be taken ashore by any one boat. The possession of scallops below the lawful size limit in excess of three per centum as herein provided may be determined by the measurement of any bushel of scallops taken from the catch; and if a bushel so measured shall contain more than three per centum of scallops below the lawful size the taking and possession of such scallops shall constitute a violation of this section. The provisions of this section shall not prohibit the taking of scallops from legally planted or cultivated oyster beds or prohibit any person at any time from taking scallops by hand for food for his own personal or family use. 25 The possession of oysters for sale for food purposes is prohibited from May fifteenth to August thirty-first, both inclusive. § 13. Section three hundred and twenty-one of such chapter as added by chapter three hundred and eighteen of the laws of nineteen hundred and twelve, is hereby amended to read as follows: § 321. Prohibited; taking of lobsters under certain size. Lobsters less than four and one-eighth inches measured on the carapace shall not be taken, possessed, bought26 or sold. No person shall at any time take any female lobsters in spawn or with eggs attached, unless upon the written order of the commission.27 § 14. Section three hundred and twenty-two of such chapter as added by chapter three hundred and eighteen of the laws of nineteen hundred and twelve, and last amended by chapter 22 Previously amended by L. 1913, ch. 508; L. 1915, ch. 426; L. 1919, ch. 39. 23 Words "and oysters new. 24 Sentence omitted which read: Scallops measuring not less than the size prescribed by this section may be taken in Great South bay within the boundary lines of the town of Islip, Suffolk county, in the spring of nineteen hundred and twenty until May first, and when so taken may be possessed until May sixteenth." 25 Following paragraph new. 26 Word " bought" new. 27 Word "commission" substituted for words "state fish culturist or the supervisor." thirty-seven of the laws of nineteen hundred and fifteen, is hereby amended to read as follows: § 322. Size of openings in lobster traps. All lobster traps28 shall have at the bottom of the trap on each side thereof an opening I not less than one and one-half inches wide. Such openings must remain clear and undiminished. amended. § 15. Section three hundred and twenty-four of such chapter 324 as added by chapter three hundred and eighteen of the laws of nineteen hundred and twelve, and last amended by chapter two hundred and eighty-nine of the laws of nineteen hundred and nineteen,29 is hereby amended to read as follows: § 324. Licenses for vessels; non-residents; unlawful use of food fish. 1. There shall be a license fee of fifty dollars per annum for each steam vessel of fifty tons or over and twenty-five dollars for every other vessel engaged in fishing with nets in the tidal waters of the state, for the purpose of making oil or fertilizer from the fish product taken. The owner or owners, lessee or lessees, or persons operating, running, managing or fishing with any such vessel, using the same in fishing with nets in the tidal waters of the state for the purpose of making oil or fertilizer from fish products taken, shall before engaging in such fishing, procure from the commission a license and pay the license fee as herein provided. 2.30 Non-residents. Non-residents of the state shall not engage in fishing with nets in the tidal waters of the marine district for food I fish without first obtaining a license from the commission and paying a license fee of twenty-five dollars for each vessel used in fishing in such waters. 3. Unlawful use of food fish. It shall be unlawful for any person to render food fish into oil or fertilizer. § 16. Section three hundred and twenty-six of such chapter § 326 I as added by chapter three hundred and eighteen of the laws of amended. nineteen hundred and twelve, is hereby amended to read as follows: § 326. Garbage not to be thrown in certain waters. Garbage 1 cinders, ashes, oils, acids, sludge, or refuse of any kind shall not be thrown, dumped, or permitted to run, from any vessel 31or buildIing on land or water into the waters of the marine district. 31 § 17. Section three hundred and thirty-four of such chapter § 334 I as added by chapter three hundred and eighteen of the laws of repealed. nineteen hundred and twelve, is hereby repealed. subd. 1 § 18. Subdivision one of section one hundred and eighty-two § 182, of such chapter as added by chapter three hundred and eighteen amended. of the laws of nineteen hundred and twelve, and last amended 28 Words "constructed or used after the thirty-first day of December, nineteen hundred and fourteen," omitted. 29 Previously amended by L. 1916, ch. 521. 30 Subd. 2 materially amended. 31 Remainder of section formerly read "into any bay or harbor, or into Long Island sound within two miles of the shore west of a line drawn from Old Field point due north to the boundary line between New York and Connecticut." Punishment; by chapter four hundred and eighty-six of the laws of nineteen hundred and seventeen,32 is hereby amended to read as follows: 1. Unless a different or other penalty or punishment is herein Denities, specially prescribed, a person who buys, sells, offers for sale, takes, possesses, transports or has in possession for sale or transportation any fish, bird or quadruped, shellfish or crustacean in violation of any of the provisions of the conservation law in relation to fish and game, or who violates any of the provisions of, or who fails to perform any duty imposed by the said law, or any lawful order, rule or regulation adopted by the commission, is guilty of a misdemeanor; and in addition thereto is liable as follows: to a penalty of sixty dollars and an additional penalty of twentyfive dollars for each fish, bird or quadruped, or part of fish, bird or quadruped bought, sold, offered for sale, taken, possessed, transported or had in possession for sale or transportation in violation thereof; to a penalty of sixty dollars and an additional penalty of five dollars for each bushel33 of shellfish or for each crustacean, or part of crustacean, bought, sold, offered for sale, taken, possessed, transported or had in possession for sale or transportation in violation thereof. $182, subd. 6 amended. Punishment; penalties. 150 amended. § 19. Subdivision six of section one hundred and eighty-two of such chapter as added by chapter two hundred and eightynine of the laws of nineteen hundred and nineteen, is hereby amended to read as follows: 6. A person who violates any of the provisions of section three hundred and thirteen, subdivision one thereof, or of section three hundred and twenty-four, subdivision one thereof, or of section three hundred and twenty-four, subdivision two thereof,35 or of section three hundred and twenty-four, subdivision three thereof. or of section three hundred and eighteen-a,35 or of section three hundred and twenty-six36 shall be guilty of a misdemeanor, and in addition thereto is liable as follows: to a penalty of not to exceed five hundred dollars for each offence. § 20. Section one hundred and fifty of such chapter as added by chapter three hundred and eighteen of the laws of nineteen hundred and twelve, and last amended by chapter five hundred and eight of the laws of nineteen hundred and thirteen, is hereby amended to read as follows: § 150. General powers and duties of commission. The commission shall have charge, control and management of the propagation and distribution of food and game fish, shell-fish, crus 32 Previously amended by L. 1913, ch. 508; L. 1916, ch. 521. · 66 34 Words "section three hundred and thirteen, subdivision one thereof, or of," new. 35 Words "6 or of section three hundred and twenty-four, subdivision two thereof," new. 35a The original legislative bill for this act sought to add a § 318a. However, in course of passage through the legislature the bill was so amended as to eliminate the proposed § 318a, the provisions of which were incorporated in § 318, ante. 36 Words "or of section three hundred and eighteen-a, or of section three hundred and twenty-six," new. |