§ 11-1703 — Importation, possession and sale of fish without license or permit; prohibitions

New York § 11-1703

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 17: Importation and Sale of Fish, Wildlife and Game From Outside the State; Sale of Domestic and Foreign Game and Hatchery Trout; Bird Plumage; Taxidermy
• Art. 11: Fish and Wildlife

Text

§ 11-1703. Importation, possession and sale of fish without license or\n permit; prohibitions.\n 1. Except as provided in subdivision 3 and subdivision 4; (a) all\nspecies of fish taken outside the state, except trout, black bass,\nmuskellunge and landlocked salmon other than Atlantic salmon, may be\nimported and transported by any means and in any number, and may be\npossessed, bought and sold without permit or license, during the open\nseason; (b) Atlantic salmon taken outside the state may be imported,\ntransported, bought and sold at any time.\n 2. Except as provided in subdivision 3 and subdivision 4, any person\nmay, during the closed season, without license or permit, and without\nlimitation by section 11-1707, transport into the state, buy, possess,\ntransport and sell, lake sturgeon, lake trout, whitefish, pickerel,\npike, walleye and striped bass taken outside the state, provided he\nkeeps a record and enters therein the name, residence and post office\naddress of every person from whom he buys and every person to whom he\nsells or ships such fish. But this subdivision does not require that a\nrecord be kept of persons to whom such fish are sold for personal or\nhome consumption, nor by persons who purchase in this state for\nconsumption and not for resale. A person required by this subdivision to\nkeep records shall permit the department or its agents to examine all\nbooks and papers relating to such purchase and sale at any time and\nshall on demand furnish invoices, freight or express receipts used in\nsuch transactions.\n 3. a. No person shall sell, offer for sale or expose for sale, under\nthe name or designation of Lake Champlain fish, any fish other than fish\nthat have been taken from the waters of Lake Champlain, its bays, coves\nor tributaries, the Missisquoi Bay or the Richelieu River. No person\nshall wilfully and with intent to deceive, affix, apply or annex, or use\nin connection with any fish, or any container of the same, any words or\nother symbols, tending falsely to identify the origin of the contents as\nthe waters described in this paragraph.\n b. No person shall possess or transport into the state any fish except\neels caught in that part of Missisquoi Bay in Lake Champlain lying in\nthe Province of Quebec or in the Richelieu River.\n 4. Fish of the following species taken outside the state shall not be\nbought or sold or otherwise trafficked in if they are of less than the\nsize limits specified in this subdivision or in the sections to which it\nrefers:\n a. striped bass, fluke or summer flounder, blue porgie, weakfish,\nmackerel, sea bass, king fish, cod fish, blackfish, winter flounder, all\nas specified in section 13-0339;\n b. lake trout, pickerel, Atlantic sturgeon, Atlantic (landlocked)\nsalmon, whitefish, northern pike, all as specified in regulations of the\ndepartment.\n 5. Fish named in subdivision 4 of less than the size limits specified,\nmay be imported, transported and possessed as provided in section\n11-1707.\n 6. No person shall import, export, own, possess, acquire or dispose of\nlive piranha fish (Serrasalmus, Rooseveltiella or Pyrocentrus), grass\ncarp (Ctenopharyngodon idella) or hybrid grass carp within the state\nwithout a license or permit issued at the discretion of the department\nfor scientific, biological or exhibition purposes.\n 7. Fish, except those specified in subdivision 6 of this section, may\nbe imported and transported at any time, for propagation purposes, and\nthe provisions of section 11-1707 do not apply.\n