(a) Each person participating in harvest operations on board a vessel harvesting surfclams or ocean quahogs from public underwater lands other than the Atlantic Ocean shall possess a valid New York State shellfish digger’s permit.

1. (1) Any operator or captain of a vessel harvesting surfclams and ocean quahogs by mechanical means from public underwater lands other than the Atlantic Ocean shall obtain a surfclam/ocean quahog other than Atlantic Ocean captain/operator permit (captain/operator permit). This permit authorizes the permit holder to operate a vessel used to take surfclams or ocean quahogs, or both, by mechanical means.
2. (2) A captain/operator permit applicant shall identify on the permit application form the vessel to be used in the harvest of surfclams or ocean quahogs by mechanical means. An application will not be deemed complete without the vessel registration number (i.e., State registration or United States Coast Guard documentation number) and, if federally documented, the vessel name, both verified by a valid State registration or USCG certificate of documentation. Any vessel used to take surfclams or ocean quahogs by mechanical means must be specifically identified on a permit issued in the name of the operator or captain of the vessel. Any vessel identified on a captain/operator permit application or permit must comply with the provisions of section 43-1.6 of this Subpart.
3. (3) Any vessel engaged in the taking of surfclams or ocean quahogs by mechanical means must have a captain/operator permit holder on board such vessel whose permit identifies that vessel and identifies that permit holder as an operator or captain of the vessel.
4. (4) The holder of the captain/operator permit will be held responsible for all fishing activities and liable for all violations of this Subpart that occur on such vessel.

(b)