Section 13-0323. Oysters; prohibited acts

1.  No  person  shall sell or offer for sale, any oysters, or label or
  brand any packages containing oysters for shipment  or  sale  under  the
  name  of  blue point oysters, other than oysters which have been planted
  and cultivated at least three months in the waters of Great South Bay.
    2. In no  case  shall  oysters  other  than  the  species  Crassostrea
  virginica  be  planted  or  transplanted  in  New  York  waters  without
  procuring a permit from the department.
    3. The department  may,  until  December  thirty-first,  two  thousand
  eleven, fix by regulation measures for the management of oysters (Family
  Ostreidae)  including size limits, catch and possession limits, open and
  closed seasons, closed areas, restrictions on the manner of  taking  and
  landing,    requirements   for   permits   and   eligibility   therefor,
  recordkeeping  and  identification  requirements,  requirements  on  the
  amount and type of fishing effort and gear, and requirements relating to
  transportation,  possession and sale, provided that such regulations are
  no less restrictive than requirements set forth in this chapter.