N.Y. Comp. Codes R. & Regs. tit. 6, § 45.5 – Transplant supervision fees and security requirements.

(a) Any person possessing a shellfish transplant permit, pursuant to the provisions of this Part, must pay a supervision fee and maintain financial security, as specified in subdivisions (b)-(j) of this section. Municipalities or other political subdivisions are exempt from the provisions of this section.
(b) When a supervision fee is required, a surety bond or other negotiable security satisfactory to the department, with a value of no less than $5,000, shall be obtained and presented to the department by a permit applicant prior to the department's issuance of a shellfish transplant permit. All or part of such bond or other security shall be payable to the State of New York Department of Environmental Conservation to implement and, to ensure the payment of any outstanding amounts due the department by reason of a permittee's failure to comply with the supervision fee requirements of this Part.
(c) A supervision fee is required in any instance of shellfish transplanting from public to private lands within or without the State and, also, in any other instance in which the shellfish being transplanted are of a size determined by the department, pursuant to section 45.4(a)(2) of this Part, to have reasonable potential to be used as a human food product.
(d) A supervision fee may be required, at the discretion of the department, in other instances of shellfish transplanting.
(e) The minimum supervision fee equals the current entry-level biweekly salary for the job title of laborer, plus the cost of fringe benefits and a program overhead charge of 15 percent of the total of salary and fringe benefits.
(f) If the reasonable costs to the department of supervision over the removal of shellfish from uncertified areas exceed the minimum fee, additional fees sufficient to reimburse the department for such additional costs will be assessed as follows:
1. (1) the cost of overtime resulting from on-site supervision; and/or
2. (2) the costs incurred by the department through the assignment of additional on-site supervisors. Such additional assessments will be based upon the number of hours actually worked, with a provision that the minimum fee for each additionally assigned supervisor will be based on four hours per day;
3. (3) the cost of fringe benefits, holiday time, meal and travel expenses will be assessed and a program overhead charge based upon 15 percent of their total plus 15 percent of the total of additional salaries will be assessed.
(g) As a part of the permit application process, a written description of the scope and degree of supervision and the cost of such supervision to be required shall be signed by an appropriate department representative and the permit applicant. The department reserves the right to assign an effective starting date for a permit which is six weeks or less from the date of its approval of a complete permit application. Subsequent biweekly payments are due on the 14th day after the commencement date of the permitted shellfishing activity and every 14th day thereafter. Payment of any additional fee required under subdivision (f) of this section is due within 15 days of receipt of notice of its assessment.
(h) In the event of project initiation delay due to an applicant's actions or the voluntary termination of a permit application or a permit, supervision fee reimbursement to the applicant or permittee shall be determined as follows:
1. (1) If a permit application is withdrawn by an applicant prior to six weeks before the activities assigned commencement date, the department shall return the associated supervision fee.
2. (2) If within six weeks prior to the permit commencement date identified on a permit application an applicant withdraws said application or, if the department, with just cause, cancels said application, the fee shall be forfeited.
3. (3) If a project does not commence within a period of two weeks following the commencement date identified in the approved permit application, the initial application fee received by the department shall be forfeited and a new nonrefundable initial payment shall be required prior to project commencement.
4. (4) In the event of voluntary termination of a permit, supervision fee reimbursement to the permittee shall be prorated on the number of days remaining in the period for which payment has previously been received. However, to receive reimbursement the permittee must have given the department a minimum of 10 working days' written notice of the intent to terminate.
(i) If the permittee fails to pay a basic biweekly payment within 10 days of its becoming due, the transplant permit may be revoked.
(j) If a transplant permit is suspended or revoked, no supervision fees previously paid will be refunded, and all fees for which payment is due will remain due.