N.Y. Environmental Conservation Law § 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.