NY Env Conserv L § 13-0334 (2021)
2021 New York Laws ENV - Environmental Conservation Article 13 - Marine and Coastal Resources Title 3 - Marine Fisheries 13-0334 - Marine and Coastal District Food Fish and Crustacea Dealers and Shippers License.

§  13-0334.  Marine and coastal district food fish and crustacea dealersand shippers license.1. No person shall purchase marine food fish or crustacea, whether  to   be  used  as  food  or bait, directly from the person taking such marine   food fish or crustacea for the purpose of resale trade or barter without   a valid food fish and crustacea dealers and shippers license. No  person   shall  operate  a  facility  for packing, holding or storing such marine   food fish or crustacea prior to consignment, transport or sale without a   valid food fish and crustacea dealers and shippers license.2. No person shall ship, transport or traffic in marine food  fish  or   crustacea  for  resale,  trade or barter to persons other than the final   consumer within the state or export food fish or crustacea landed in New   York to outside the state  without  a  valid  food  fish  and  crustacea   dealers  and  shippers  license.  No  such  license shall be required of   common carriers who transport marine food fish or crustacea. Such common   carrier  must  carry  and  have  ready  for  inspection  any   bill   of   consignment,  bill  of lading or other documentation showing thereon the   name and address of the consignee, name and address of the shipper,  the   date  of  the  shipment  and  the  quantity of each species shipped. For   purposes of this section, "common carrier" shall  mean  persons  engaged   solely  in  the  transport  of  food fish or crustaceans which have been   consigned or sold by a licensed harvester or by a  licensed  dealer  and   shipper  to a licensed dealer and shipper within the state or to another   party outside the state. A common carrier shall hold no title, ownership   or financial interest in the food fish or crustacean being  transported.   No  such  license  shall  be required of a person who is the holder of a   food fish license, a lobster license or a blue-claw crab license  issued   pursuant  to  section  13-0335,  13-0329 or 13-0331, respectively, while   transporting the species which he or she  has  lawfully  and  personally   taken.  For purposes of this section, "landed" means the bringing to any   shore food fish or crustacea taken by  a  holder  of  a  license  issued   pursuant  to this article or the transfer of the catch taken pursuant to   this article from a vessel to any other vessel or to the land or to  any   pier, wharf, dock or other similar structure.3.  No person who is the holder of a commercial food fish license or a   commercial lobster license or a  commercial  crab  license  shall  sell,   trade  or  barter marine food fish or crustacea in New York state except   to the holder of a marine and coastal district food fish  and  crustacea   dealers  and  shippers  license.  Provided,  however,  that  persons who   possess commercial food fish, lobster, or crab  licenses  may  sell  the   marine food fish or crustacea they are authorized to take for commercial   purposes  directly to the consumer of such marine food fish or crustacea   and that such licensed harvesters shall report to  the  department  such   direct  sales to consumers pursuant to paragraph a of subdivision one of   section 13-0342.4. The fee for a food fish and crustacea dealers and shippers  license   shall  be two hundred fifty dollars and shall cover all persons employed   by the licensee. Licenses issued pursuant to this section shall be valid   for a single business address, shall be nontransferable and shall expire   on the thirty-first day of December of each year.5. No person licensed as a dealer or shipper shall  purchase  or  ship   marine  food  fish  or  crustacea directly from the taker of marine food   fish or crustacea  unless  the  taker  presents  the  appropriate  valid   license  to  the  person  making  the purchase. No person who operates a   facility for the packing, holding or storing  of  marine  food  fish  or   crustacea  prior  to  consignment,  transport  or sale shall accept such   product without requiring the taker to provide his or her name,  address    and  appropriate  valid  license  number,  the  date,  and quantities of   product in the transaction.6.  A  licensed dealer or shipper may only import, export, possess, or   offer for sale, barter,  or  trade,  lobsters  greater  in  length  than   provided by subdivision 5 of section 13-0329 of this title if:a.  The  licensed  dealer  or  shipper  has notified the department in   writing prior to  taking  such  action  on  a  form  prescribed  by  the   department; andb.  The  lobsters  are  in  a  secured  container  in  accordance with   paragraph a of subdivision 18 of section 13-0329 of this title or tagged   in accordance with paragraph b of subdivision 18 of section  13-0329  of   this title.7.  No  person  licensed  as  a  dealer or shipper may import, export,   possess, or offer for sale, barter, trade, lobsters, or  parts  thereof,   not  in the shell, detached lobster tails or claws, or any other part of   a lobster that has been separated from the lobster except as  authorized   by subdivision 19 of section 13-0329 of this title.