§ 11-1319 — Possession, transportation and sale of fish

§ 11-1319. Possession, transportation and sale of fish.\n 1. Application.\n a. This section governs possession, transportation and sale of all\nfish taken in waters of the state, including the marine and coastal\ndistrict except (1) trout and black bass raised under permit from the\ndepartment and identified as provided in section 11-1909, (2) fish taken\nfrom a farm fish pond licensed as provided in section 11-1911, and (3)\nfish taken from licensed fishing preserve waters as provided in section\n11-1913.\n b. Fish lawfully taken may be (1) possessed, (2) transported within\nthe state and from within to without the state, and (3) bought and sold,\nas provided in this section and in the sections of the Fish and Wildlife\nLaw and regulations of the department to which this section refers, and\nnot otherwise. Such fish shall not be possessed, transported, bought or\nsold unless lawfully taken, nor transported, bought or sold, unless\nlawfully possessed.\n c. No fish shall be possessed, transported or sold contrary to the\nterms of any statute, regulation, permit or license of the department,\npursuant to which it is taken or acquired.\n 2. Sale.\n a. Trout, including rainbow trout, Atlantic salmon, black bass,\nwalleye and muskellunge shall not be bought and sold.\n b. Bait fish named in section 11-1315 shall not be sold for bait\nexcept as provided in that section.\n c. The following fish may be bought and sold at any time: (1) the\nmarine species named in section 13-0339 or in regulations of the\ndepartment provided they are of the minimum size limits stated in such\nsection or in such regulations; (2) fish that may be taken with nets in\nthe Hudson River, Lake Erie and Lake Ontario as authorized by\nregulations of the department provided they are of the minimum size\nlimits stated in such regulations; (3) fish not specifically named in\nparagraph d of this subdivision or in section 13-0339, 11-1521 or\n13-0347 or in regulation adopted pursuant to section 11-1303; (4) fish\nfor which such regulations specify no minimum size limits and specify\ngenerally without exceptions, that the open season is "any time".\n 3. Possession.\n A person shall not possess on waters of the state nor the shores\nthereof, any species of fish (other than fish legally taken in a net or\nfish legally taken by the holder of a license issued pursuant to section\n13-0335 of this chapter) in excess of the number of such species which\nmay be legally taken by one person in one day.\n 4. Transportation.\n a. Carcasses, and parts thereof, of fish which may be sold as provided\nin subdivision 2 may be transported within and from within to without\nthe state by any person, at any time, in any number and in any manner.\n b. Carcasses, and parts thereof, of fish which may not be sold as\nprovided in subdivision 2 may be transported within and from within to\nwithout the state by any person, at any time, subject to the following\nrestrictions: (1) no person shall transport in one day a quantity of\nfish for which a catch limit is provided in regulations adopted pursuant\nto section 11-1303 or 11-1505 greater than the quantity that may\nlawfully be taken by one person in two days, unless such transportation\nis authorized by permit issued by the department or the fish so\ntransported is frozen or otherwise processed and packaged for storage\nand is transported from a place of processing to a place of storage or\nof consumption or from a place of storage to a place of storage or\nconsumption; (2) such carcasses or parts thereof shall not be shipped by\nparcel post, and if shipped by carrier, they or the package containing\nthem shall have attached a card or label showing the name and address of\nthe taker, his license number, the name and address of the consignee,\nand if the fish is shipped in a package, the nature of the contents of\nthe package.\n