NY Env Conserv L § 13-0316 (2021)
2021 New York Laws ENV - Environmental Conservation Article 13 - Marine and Coastal Resources Title 3 - Marine Fisheries 13-0316 - Marine Hatcheries; Off-Bottom and On-Bottom Culture; Permits.

§ 13-0316. Marine hatcheries; off-bottom and on-bottom culture; permits.1.  Marine  hatcheries.  The  department, in its discretion, may issue   permits for operation of marine hatcheries. No person  shall  operate  a   marine  hatchery  without  first obtaining a permit from the department.   The fee for such permit shall be one hundred  dollars  annually,  except   that political subdivisions of the state shall be issued permits without   fee.  Each such permit shall expire on December 31 of the year of issue.   A marine hatchery permit entitles the  holder  thereof,  notwithstanding   any other provision hereof, to possess, raise and breed marine plant and   animal  life,  including  but  not  limited to shellfish, lobster, crab,   shrimp and food fish and to sell the  products  of  a  marine  hatchery,   where  less  than  legal  size,  to  other  permitted marine hatcheries,   persons holding a valid off-bottom or on-bottom culture permit,  persons   holding  a  valid  permit  issued  pursuant  to  section 11-0515 of this   chapter, and, subject to department rules and regulations, to individual   or commercial markets for consumption or resale. Products  of  a  marine   hatchery  of  legal  size  may  be  sold  for consumption or resale. The   department may adopt regulations with respect  to  the  purchase,  sale,   harvesting,     transplanting,    relaying,    receiving,    possessing,   transporting, exporting or otherwise trafficking in products of a marine   hatchery including the sale to  individual  or  commercial  markets  for   consumption or resale.2.   Off-bottom   and   on-bottom  culture.  The  department,  in  its   discretion, may issue permits for off-bottom and  on-bottom  culture  of   marine  plant  and  animal life, including but not limited to shellfish,   lobster,  crab,  shrimp  and  fish.  No  person  shall  engage  in  such   off-bottom  or  on-bottom  culture without first obtaining a permit from   the department. The fee for such permit shall  be  one  hundred  dollars   annually,  except  that  political  subdivisions  of  the state shall be   issued permits without fee. Each such permit shall expire on December 31   of the year of issue.   No  such  permit  shall  be  issued  unless  the   applicant  has obtained any necessary permits or licenses required under   any state or federal law and has obtained the written  authorization  of   the person or political subdivision having title or legal control of the   underwater  lands on or above which such on-bottom or off-bottom culture   shall take place. An off-bottom or on-bottom culture permit entitles the   holder thereof, notwithstanding any other provision hereof, to  purchase   and  possess,  from within or without the state, marine plant and animal   life of legal and less than legal size for purposes  of  off-bottom  and   on-bottom culture only and, subject to department rules and regulations,   to  sell  such  marine  animal  and  plant life of less than legal size.   Products of off-bottom and on-bottom culture of legal size may  be  sold   to  individual  or  commercial  markets  for  consumption or resale. The   department may  adopt  regulations,  necessary  to  protect  the  marine   environment   and   public  health  and  safety,  with  respect  to  the   construction, marketing and  maintenance  of  off-bottom  and  on-bottom   culture  structures  and  the  purchase,  sale,  harvesting, possessing,   transporting, importing, exporting, or otherwise trafficking in products   of off-bottom or on-bottom culture of marine animal and plant life.