6 CRR-NY 11.3NY-CRR
6 CRR-NY 11.3
6 CRR-NY 11.3
11.3 Possession and sale of striped bass.
(a) Definitions.
For purposes of this section:
(1) Hudson River means the Hudson River from the George Washington Bridge in New York City to the Federal Dam at Troy, and tributary waters of that section of the river from the tributary's mouth upstream to the first falls or other barrier impassable to fish; and
(2) Land means the setting, placing or putting on shore of striped bass from any boat or vessel, and the transporting of striped bass by vessel to any port, docking place or shore front.
(b) Except as provided in this section, and Parts 10 and 40 of this Chapter, striped bass (Morone saxatilis) may not be possessed, purchased, sold, traded or bartered or offered or exposed for purchase, sale, trade or barter.
(c) Striped bass inadvertently taken in violation of this section must be returned to the water immediately and without unnecessary injury, except that striped bass taken in gill nets on the Hudson River need not be immediately returned, but they shall not be landed, bought, sold or otherwise trafficked in.
(d) Nothing in this section will be deemed to prohibit the lawful transportation through the State of striped bass lawfully taken from waters outside the State to other states, provided that such fish remain packaged in their original unopened container and written documentation of their origin and destination accompanies such container.
(e)
(1) The Department of Environmental Conservation may permit sale of striped bass from marine hatcheries permitted pursuant to Part 48 of this Title, provided that such fish are tagged in a manner acceptable to the department.
(2) The department may permit the importation and sale of striped bass from hatcheries located outside the State provided that the hatchery or jurisdiction within which such hatchery is located has in place a tagging system acceptable to the department.
(f) Possession of striped bass in establishments where fish are sold or offered for sale (including wholesale establishments, retail establishments and restaurants) shall be presumptive evidence of intent to sell, trade or barter such striped bass except where such striped bass are tagged or identified as provided in subdivision (d) or (e) of this section.
(g) Importation and identification.
(1) The department may permit the sale of striped bass taken in another state provided that:
(i) the Department of Health certifies, based on sampling and analysis provided by such state, that such striped bass meet all standards for sale of fish in the state; and
(ii) such striped bass are tagged with serially numbered tags provided by the state of origin.
(2) It is unlawful to sell or offer for sale untagged striped bass or striped bass fillets or steaks unless the tagged carcass from which such fillets or steaks were removed is present and available for inspection. Possession of untagged striped bass or striped bass fillets or steaks without the properly tagged carcass in establishments where fish are sold or offered for sale (including wholesale establishments, retail establishments and restaurants) is presumptive evidence of intent to sell, trade or barter such striped bass.
(3) It is unlawful to reuse or alter any striped bass tag.
(4) It is unlawful to sell striped bass which are not properly tagged. Retail markets may prepare portions of legally tagged striped bass for the consumer and must retain the tagged carcass untill all portions are sold. The tag must then be removed from the rack and destroyed.
6 CRR-NY 11.3
Current through October 15, 2021
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