§ 13-0334. Marine and coastal district food fish and crustacea dealers\n and shippers license.\n 1. No person shall purchase marine food fish or crustacea, whether to\nbe used as food or bait, directly from the person taking such marine\nfood fish or crustacea for the purpose of resale trade or barter without\na valid food fish and crustacea dealers and shippers license. No person\nshall operate a facility for packing, holding or storing such marine\nfood fish or crustacea prior to consignment, transport or sale without a\nvalid food fish and crustacea dealers and shippers license.\n 2. No person shall ship, transport or traffic in marine food fish or\ncrustacea for resale, trade or barter to persons other than the final\nconsumer within the state or export food fish or crust
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§ 13-0334. Marine and coastal district food fish and crustacea dealers\n and shippers license.\n 1. No person shall purchase marine food fish or crustacea, whether to\nbe used as food or bait, directly from the person taking such marine\nfood fish or crustacea for the purpose of resale trade or barter without\na valid food fish and crustacea dealers and shippers license. No person\nshall operate a facility for packing, holding or storing such marine\nfood fish or crustacea prior to consignment, transport or sale without a\nvalid food fish and crustacea dealers and shippers license.\n 2. No person shall ship, transport or traffic in marine food fish or\ncrustacea for resale, trade or barter to persons other than the final\nconsumer within the state or export food fish or crustacea landed in New\nYork to outside the state without a valid food fish and crustacea\ndealers and shippers license. No such license shall be required of\ncommon carriers who transport marine food fish or crustacea. Such common\ncarrier must carry and have ready for inspection any bill of\nconsignment, bill of lading or other documentation showing thereon the\nname and address of the consignee, name and address of the shipper, the\ndate of the shipment and the quantity of each species shipped. For\npurposes of this section, "common carrier" shall mean persons engaged\nsolely in the transport of food fish or crustaceans which have been\nconsigned or sold by a licensed harvester or by a licensed dealer and\nshipper to a licensed dealer and shipper within the state or to another\nparty outside the state. A common carrier shall hold no title, ownership\nor financial interest in the food fish or crustacean being transported.\nNo such license shall be required of a person who is the holder of a\nfood fish license, a lobster license or a blue-claw crab license issued\npursuant to section 13-0335, 13-0329 or 13-0331, respectively, while\ntransporting the species which he or she has lawfully and personally\ntaken. For purposes of this section, "landed" means the bringing to any\nshore food fish or crustacea taken by a holder of a license issued\npursuant to this article or the transfer of the catch taken pursuant to\nthis article from a vessel to any other vessel or to the land or to any\npier, wharf, dock or other similar structure.\n 3. No person who is the holder of a commercial food fish license or a\ncommercial lobster license or a commercial crab license shall sell,\ntrade or barter marine food fish or crustacea in New York state except\nto the holder of a marine and coastal district food fish and crustacea\ndealers and shippers license. Provided, however, that persons who\npossess commercial food fish, lobster, or crab licenses may sell the\nmarine food fish or crustacea they are authorized to take for commercial\npurposes directly to the consumer of such marine food fish or crustacea\nand that such licensed harvesters shall report to the department such\ndirect sales to consumers pursuant to paragraph a of subdivision one of\nsection 13-0342.\n 4. The fee for a food fish and crustacea dealers and shippers license\nshall be two hundred fifty dollars and shall cover all persons employed\nby the licensee. Licenses issued pursuant to this section shall be valid\nfor a single business address, shall be nontransferable and shall expire\non the thirty-first day of December of each year.\n 5. No person licensed as a dealer or shipper shall purchase or ship\nmarine food fish or crustacea directly from the taker of marine food\nfish or crustacea unless the taker presents the appropriate valid\nlicense to the person making the purchase. No person who operates a\nfacility for the packing, holding or storing of marine food fish or\ncrustacea prior to consignment, transport or sale shall accept such\nproduct without requiring the taker to provide his or her name, address\nand appropriate valid license number, the date, and quantities of\nproduct in the transaction.\n 6. A licensed dealer or shipper may only import, export, possess, or\noffer for sale, barter, or trade, lobsters greater in length than\nprovided by subdivision 5 of section 13-0329 of this title if:\n a. The licensed dealer or shipper has notified the department in\nwriting prior to taking such action on a form prescribed by the\ndepartment; and\n b. The lobsters are in a secured container in accordance with\nparagraph a of subdivision 18 of section 13-0329 of this title or tagged\nin accordance with paragraph b of subdivision 18 of section 13-0329 of\nthis title.\n 7. No person licensed as a dealer or shipper may import, export,\npossess, or offer for sale, barter, trade, lobsters, or parts thereof,\nnot in the shell, detached lobster tails or claws, or any other part of\na lobster that has been separated from the lobster except as authorized\nby subdivision 19 of section 13-0329 of this title.\n