Section 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.