N.Y. ENV Law § 13-0316

§ 13-0316. Marine hatcheries; off-bottom and on-bottom culture; permits.\n 1. Marine hatcheries. The department, in its discretion, may issue\npermits for operation of marine hatcheries. No person shall operate a\nmarine hatchery without first obtaining a permit from the department.\nThe fee for such permit shall be one hundred dollars annually, except\nthat political subdivisions of the state shall be issued permits without\nfee. Each such permit shall expire on December 31 of the year of issue.\nA marine hatchery permit entitles the holder thereof, notwithstanding\nany other provision hereof, to possess, raise and breed marine plant and\nanimal life, including but not limited to shellfish, lobster, crab,\nshrimp and food fish and to sell the products of a marine hatchery,\nwhere less than legal size, to other permitted marine hatcheries,\npersons holding a valid off-bottom or on-bottom culture permit, persons\nholding a valid permit issued pursuant to section 11-0515 of this\nchapter, and, subject to department rules and regulations, to individual\nor commercial markets for consumption or resale. Products of a marine\nhatchery of legal size may be sold for consumption or resale. The\ndepartment may adopt regulations with respect to the purchase, sale,\nharvesting, transplanting, relaying, receiving, possessing,\ntransporting, exporting or otherwise trafficking in products of a marine\nhatchery including the sale to individual or commercial markets for\nconsumption or resale.\n 2. Off-bottom and on-bottom culture. The department, in its\ndiscretion, may issue permits for off-bottom and on-bottom culture of\nmarine plant and animal life, including but not limited to shellfish,\nlobster, crab, shrimp and fish. No person shall engage in such\noff-bottom or on-bottom culture without first obtaining a permit from\nthe department. The fee for such permit shall be one hundred dollars\nannually, except that political subdivisions of the state shall be\nissued permits without fee. Each such permit shall expire on December 31\nof the year of issue. No such permit shall be issued unless the\napplicant has obtained any necessary permits or licenses required under\nany state or federal law and has obtained the written authorization of\nthe person or political subdivision having title or legal control of the\nunderwater lands on or above which such on-bottom or off-bottom culture\nshall take place. An off-bottom or on-bottom culture permit entitles the\nholder thereof, notwithstanding any other provision hereof, to purchase\nand possess, from within or without the state, marine plant and animal\nlife of legal and less than legal size for purposes of off-bottom and\non-bottom culture only and, subject to department rules and regulations,\nto sell such marine animal and plant life of less than legal size.\nProducts of off-bottom and on-bottom culture of legal size may be sold\nto individual or commercial markets for consumption or resale. The\ndepartment may adopt regulations, necessary to protect the marine\nenvironment and public health and safety, with respect to the\nconstruction, marketing and maintenance of off-bottom and on-bottom\nculture structures and the purchase, sale, harvesting, possessing,\ntransporting, importing, exporting, or otherwise trafficking in products\nof off-bottom or on-bottom culture of marine animal and plant life.\n