New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter E - COMMERCIAL INLAND FISHERIES › Part 35 - LICENSES › Section 35.4 - Sale of bait fish from waters outside the state of new york

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For the purposes of this section, bait
				  fish shall mean those listed under section
				  35.2(a) of this
				  Part, and shall include both live and dead bait fish.
(b) Bait fish taken for commercial purposes
				  from the waters outside the State shall not be possessed, sold, offered for
				  sale, bartered or transferred for use as bait except:
(1) for use as bait in the marine and coastal
				  district, as defined in Environmental Conservation Law, section 13-0103 and the
				  Hudson River as defined in section
				  10.1(f)(7)(ix) of
				  this Title; or
(2) pursuant to
				  permit issued by the department in its discretion; or
(3) bait fish may be possessed, sold, offered
				  for sale, bartered or transferred for use as bait in any water body subject to
				  the following conditions:
(i) the use of bait
				  fish, or certain species of bait fish, is not prohibited in such water body
				  pursuant to any provision of this Chapter or the Fish and Wildlife Law;
				  and
(ii) the person selling or
				  transferring such bait fish possesses a fish health certification report for
				  all bait fish owned or kept at the place of sale or transfer. For purposes of
				  this section, the place of sale or transfer shall include all buildings,
				  structures, tanks, containers, or vehicles located at or contiguous to the
				  place of sale or transfer; and
(iii) documentation requirements:
(a) retail sale of bait fish; receipt
				  required. When engaging in the retail sale of bait fish, the seller shall issue
				  a receipt to the purchaser pursuant to subdivision (d) of this section. The
				  receipt shall be retained by the purchaser while in possession of the bait
				  fish, and shall be valid for 10 days from the date of the retail sale,
				  including the date of sale;
(b)
				  sale or transfer of bait fish other than retail sale; report and receipt
				  required. When engaging in a sale or transfer of bait fish other than a retail
				  sale, the seller shall provide the purchaser with:
(1) a copy of the fish health certification
				  report as defined in section
				  188.2 of this Title for the bait
				  fish sold to the purchaser; and
(2)
				  a receipt pursuant to subdivision (d) of this section.
A copy of both the fish health certification report and the
					 receipt shall be retained by the purchaser or transferee for 30 days or until
					 the fish are sold or transferred, whichever is greater.
(4) dead bait
				  fish packaged for commercial purposes, and preserved by any method other than
				  freezing only, may be possessed, sold, offered for sale, or bartered for use as
				  bait in any water body except where the use of bait fish, or certain species of
				  bait fish, is prohibited in such water body pursuant to any provision of this
				  Chapter or the Fish and Wildlife Law. Each package of dead bait fish shall be
				  individually labeled, identifying the name of the packager- processor, the name
				  of the fish species, the quantity of fish packaged, and the means of
				  preservation.