New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter I - FISH AND WILDLIFE
Subchapter F - MARINE FISHERIES
Part 49 - Shellfish Management
Section 49.2 - Oysters (family ostreidae)

(1) Cultured means any activities involved in the raising, breeding, growing, planting and containment of oysters which requires the issuance of a permit pursuant to section 13-0316 of the Environmental Conservation Law.

(2) Landed means to set or put on shore from any boat or vessel, or to place on to any dock, pier, shore or other structure any oysters taken from the waters of the marine and coastal district.

(3) Transplanted means any transfer of oysters from shellfish lands within or without the State to shellfish lands within the State, which requires the issuance of a permit pursuant to article 13 of the Environmental Conservation Law.

(4) Water of the marine and coastal district means all those tidal waters and the lands thereunder which are located within the marine and coastal district as defined in section 13-0103 of the Environmental Conservation Law.

(1) Except as provided in paragraph (4) of this subdivision, oysters (crassostrea virginica) less than three inches in the longest diameter shall not be taken, possessed on the waters of the marine and coastal district, or landed. This size limit shall not apply to oysters transplanted or cultured under permit from the department subject to the provisions of sections 13-0316, 13-0319 and 13-0321 of the Environmental Conservation Law.

(2) Oysters shall be culled when taken.

(3) All oysters which may not be taken pursuant to the provisions of paragraph (1) of this subdivision shall be immediately returned alive to the water.

(4) Oysters measuring less then three inches in longest diameter shall not comprise, by number, more than five percent of any bushel, or other package or container of different measurement of oysters taken from the catch.