Section 11-1319. Possession, transportation and sale of fish  


Latest version.
  • 1. Application.
        a.  This  section  governs  possession, transportation and sale of all
      fish taken in waters of the state,  including  the  marine  and  coastal
      district  except  (1)  trout and black bass raised under permit from the
      department and identified as provided in section 11-1909, (2) fish taken
      from a farm fish pond licensed as provided in section 11-1911,  and  (3)
      fish  taken from licensed fishing preserve waters as provided in section
      11-1913.
        b. Fish lawfully taken may be (1) possessed,  (2)  transported  within
      the state and from within to without the state, and (3) bought and sold,
      as provided in this section and in the sections of the Fish and Wildlife
      Law  and regulations of the department to which this section refers, and
      not otherwise. Such fish shall not be possessed, transported, bought  or
      sold  unless  lawfully  taken,  nor  transported, bought or sold, unless
      lawfully possessed.
        c. No fish shall be possessed, transported or  sold  contrary  to  the
      terms  of  any statute, regulation, permit or license of the department,
      pursuant to which it is taken or acquired.
        2. Sale.
        a. Trout,  including  rainbow  trout,  Atlantic  salmon,  black  bass,
      walleye and muskellunge shall not be bought and sold.
        b.  Bait  fish  named  in  section  11-1315 shall not be sold for bait
      except as provided in that section.
        c. The following fish may be bought and sold  at  any  time:  (1)  the
      marine  species  named  in  section  13-0339  or  in  regulations of the
      department provided they are of the minimum size limits stated  in  such
      section  or in such regulations; (2) fish that may be taken with nets in
      the  Hudson  River,  Lake  Erie  and  Lake  Ontario  as  authorized   by
      regulations  of  the  department  provided  they are of the minimum size
      limits stated in such regulations; (3) fish not  specifically  named  in
      paragraph  d  of  this  subdivision  or  in  section 13-0339, 11-1521 or
      13-0347 or in regulation adopted pursuant to section 11-1303;  (4)  fish
      for  which  such  regulations specify no minimum size limits and specify
      generally without exceptions, that the open season is "any time".
        3. Possession.
        A person shall not possess on waters  of  the  state  nor  the  shores
      thereof,  any species of fish (other than fish legally taken in a net or
      fish legally taken by the holder of a license issued pursuant to section
      13-0335 of this chapter) in excess of the number of such  species  which
      may be legally taken by one person in one day.
        4. Transportation.
        a. Carcasses, and parts thereof, of fish which may be sold as provided
      in  subdivision  2  may be transported within and from within to without
      the state by any person, at any time, in any number and in any manner.
        b. Carcasses, and parts thereof, of fish which  may  not  be  sold  as
      provided  in  subdivision 2 may be transported within and from within to
      without the state by any person, at any time, subject to  the  following
      restrictions:  (1)  no  person  shall transport in one day a quantity of
      fish for which a catch limit is provided in regulations adopted pursuant
      to section 11-1303  or  11-1505  greater  than  the  quantity  that  may
      lawfully  be taken by one person in two days, unless such transportation
      is authorized by  permit  issued  by  the  department  or  the  fish  so
      transported  is  frozen  or otherwise processed and packaged for storage
      and is transported from a place of processing to a place of  storage  or
      of  consumption  or  from  a  place  of storage to a place of storage or
      consumption; (2) such carcasses or parts thereof shall not be shipped by
      parcel post, and if shipped by carrier, they or the  package  containing
    
      them shall have attached a card or label showing the name and address of
      the  taker,  his  license number, the name and address of the consignee,
      and if the fish is shipped in a package, the nature of the  contents  of
      the package.