N.Y. Environmental Conservation Law § 13-0334: Marine and coastal district food fish and crustacea dealers and shippers license

§ 13-0334. Marine and coastal district food fish and crustacea dealers

and 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; and

b. 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.