2006 New York Code - Importation, Possession And Sale Of Fish Without License Or Permit; Prohibitions.



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

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