§ 12 §6073-D — Season and size exemption

A person who is in possession of a marine organism raised by means of aquaculture and lawfully obtained under the laws of the State is exempt from any requirement regarding the time of taking or possessing, minimum or maximum length or other minimum or maximum size requirement, except that this section does not apply to the requirements for lobsters, sturgeon and striped bass. This exemption applies to aquaculture products that do not meet the legal size or season requirements for wild-caught marine organisms of the same species.
The person possessing the marine organism must maintain sufficient documentation to prove the aquacultural origin of the marine organism, including, but not limited to, documents indicating the point of origin, quantity and dates of production or purchase of all cultured marine organisms exempted by this section, and the holder must present the documentation for inspection to department personnel upon request. A consumer in possession of such a marine organism may present a valid sales receipt to satisfy this requirement. It is prima facie evidence of possession of a marine organism in violation of the law if the person possessing the marine organism cannot present sufficient evidence to prove its aquacultural origin.
This section does not exempt the possessor of the marine organism from any requirement to hold a lease or license pursuant to section 6072, 6072‑A, 6072‑B, 6072‑C or 6085 to engage in the culture of marine organisms.

Legislative History

PL 2009, c. 229, §8 (NEW). PL 2017, c. 94, §4 (AMD). PL 2019, c. 310, §4 (AMD).