To raise shellfish in New York, you will be required to obtain a permit(s) from the NYS Department of Environmental Conservation (DEC). The type of permits required will depend on whether you are raising shellfish for personal consumption, selling commercially for consumption (e.g. restaurants), or for restoration purposes. Identifying and understanding your goals will help you know which permits are required and it will also make it easier for the permitting staff to assist you. The DEC has a webpage for all Marine Permits and Licenses which includes the aquaculture permits and all other permits which may be required for selling and shipping shellfish. Below are some general guidelines and summaries of what is required for raising shellfish in New York. This information is not a substitute for working with DEC staff but rather intended to provide general guidance on what is needed. NY Sea Grant’s aquaculture specialist can assist and arrange a meeting with DEC staff if interested. Having a clear plan and intended goals will help you through whichever permitting process is required. Since the permit process can feel overwhelming, NY Sea Grant and DEC staff hosted a workshop designed to navigate the permitting process with examples of what is being asked for some of the questions along with some tips and tricks. The presentation is being converted into a guide and once published online a link will be provided. Feel free to reach out for a copy (email: aquaculture@cornell.edu) if needed before it is online.

Raising Shellfish Commercially for Food

You must apply for and receive an On/Off Bottom Culture Permit from the DEC and it typically requires approval from additional agencies such as the U.S. Army Corp of Engineers and the NYS Department of State. The process can take several months or longer depending on the complexity and location of the farm. All commercial operations must have permission from the underwater landowner (i.e., Town, County, or State) and be located in a waterbody that is classified by DEC as certified for the harvest of shellfish. Underwater land access is provided through leasing programs issued either by Suffolk County, certain Towns, the DEC, or the Peconic Baykeeper. The operation may also require a Marine Hatchery Permit if it is or has a shore-based facility. This permit also allows for the sale of hatchery products of less than legal size to entities with valid permits.

Current access programs for commercial shellfish aquaculture on Long Island:

Suffolk County Aquaculture Lease Program (Peconic & Gardiners Bay)

Town of Islip Bay Bottom Leasing Program (Great South Bay)

Town of Brookhaven Mariculture Leasing Program (Limited to Brookhaven Town residents only)

Peconic Baykeeper Commercial Oyster Aquaculture Program (Peconic Bay)

Raising Shellfish for Personal Consumption

If you are interested in raising small quantities of oysters for your own personal consumption, there are currently 3 programs that you can join: the Cornell Cooperative Extension of Suffolk County Suffolk Project in Aquaculture Training (SPAT) program, the East Hampton Shellfish Enhancement and Education Directive (EHSEED) program, and the South Fork Sea Farmers Shellfish Gardening Program. These programs can sell up to 1,000 oysters to members of their program holding a valid License to Collect or Possess: Shellfish Gardening (Shellfish Gardening LCP) from DEC. This license is required to grow oysters for personal consumption at a private residence. Applicants for this license must be a member of one of the established shellfish gardening programs and have access to a private, waterfront residence, in a waterbody that is classified by DEC as either certified or seasonally certified.

Raising Shellfish for Restoration

Shellfish cultivation intended for restoration, not consumption, also has permitting requirements. The type of permit depends on the project, the species, the location where the shellfish is being raised, and the location where the shellfish are deployed. For most projects, it is likely that a License to Collect or Possess: Marine Resources (LCP) will be required. This is the same license as the Shellfish Gardening LCP but with different conditions. A lot of the same information from the On/Off Bottom Culture Permit is asked but the license application is done online. DEC is currently working on establishing a New York State Shellfish Restoration Plan which will include permitting guidance.

Additional Links and DEC Contact Info

The NY DEC Public Shellfish Mapper can be used to identify the classification of waterbodies to determine where shellfish harvest is permitted. It also shows locations of aquaculture lease sites.

Link to the general List of DEC Commercial Fishing, Shellfish & Aquaculture Related Permits

Contacts for DEC

Questions about the License to Collect or Possess: Marine.LCP@dec.ny.gov

Questions about Shellfish Restoration: RestoreNYShellfish@dec.ny.gov

Questions about Shellfish Digger/Shipper Permits: DiggerTraining@dec.ny.gov

Questions about Commercial On/Off-Bottom Culture Permits and Shellfish Landings: ShellfishLandings@dec.ny.gov

All the above info is intended to provide guidance and summarize the shellfish permitting requirements. Please make sure to reach out in advance and work with DEC staff to make sure your project can be permitted. NY Sea Grant’s aquaculture specialist can also help with this but will ultimately connect with DEC for official advice. Every effort will be made to keep this info up to date, but changes may occur before this page is updated.