N.Y. Comp. Codes R. & Regs. tit. 6 § 35.3

Current through Register Vol. 46, No. 41, October 9, 2024

Section 35.3 - Possession, sale and use of bait fish taken for commercial purposes

(a) Definitions. For purposes of this section, the following definitions shall apply:

(1) Water body, as defined in section 10.1(f)(6) and (7) of this Title, shall apply for purposes of this section.

(2) Transported overland shall mean transport by motorized vehicle other than on the water body where the fish were taken.

(3) Bait fish shall mean those fish listed under section 35.2(a) of this Part, and shall include both live and dead bait fish.

(4) Retail sale shall mean the sale of bait fish to any person in the State for any purpose other than for resale.

(5) Overland transportation corridors shall mean those as defined in section 10.1(f) of this Title.

(b) General prohibition. Bait fish taken for commercial purposes from the waters of the State shall not be possessed, sold, offered for sale, bartered, transferred or used except as authorized by this section.

(c) Bait fish taken for commercial purposes from any water body pursuant to section 35.2 of this Part shall only be possessed, sold, offered for sale, bartered, transferred or used in the same water body from which such bait fish were taken, and shall not be possessed, sold, offered for sale, bartered, transferred or used in any other water body, except:

(1) bait fish taken in the Hudson River upstream of the Governor Mario M. Cuomo Bridge and below the Federal Dam at Troy, including all tributaries up to the first barrier impassable by fish, may also be possessed, sold, offered for sale, bartered, or transferred for use in the marine and coastal district defined in Environmental Conservation Law, section 13-0103; or

(2) pursuant to permit issued by the department in its discretion; or

(3) bait fish may be possessed, sold, offered for sale, bartered or transferred for use as bait in any water body subject to the following conditions:

(i) the use of bait fish, or certain species of bait fish, is not prohibited in such water body pursuant to any provision of this Chapter or the Fish and Wildlife Law; and

(ii) the person selling or transferring such bait fish possesses a fish health certification report for all bait fish owned or kept at the place of sale or transfer. For purposes of this section, the place of sale or transfer shall include all buildings, structures, tanks, container, or vehicles located at or contiguous to the place of sale or transfer; and

(iii) documentation requirements:

(a) retail sale of bait fish; receipt required. When engaging in the retail sale of bait fish, the seller shall issue a receipt to the purchaser pursuant to subdivision (f) of this section. The receipt shall be retained by the purchaser while in possession of the bait fish, and shall be valid for 10 days from the date of the retail sale, including the date of sale;

(b) sale or transfer of bait fish other than retail sale; report and receipt required. When engaging in a sale or transfer of bait fish other than a retail sale, the seller shall provide the purchaser with:

(1) a copy of the fish health certification report as defined in section 188.2 of this Title for the bait fish sold to the purchaser; and

(2) a receipt pursuant to subdivision (f) of this section.

A copy of both the fish health certification report and the receipt shall be retained by the purchaser or transferee for 30 days or until the fish are sold or transferred, whichever is greater.

(4) dead bait fish packaged for commercial purposes, and preserved by any method other then freezing only, may be possessed, sold, offered for sale, bartered, and transported overland for use as bait in any water body except where the use of bait fish, or certain species of bait fish, is prohibited in such water body pursuant to any provision of this Chapter or the Fish and Wildlife Law. Each package of dead bait fish shall be individually labeled, identifying the name of the packager-processor, the name of the fish species, the quantity of fish packaged, and the means of preservation.

(d) Bait fish taken for commercial purposes in the marine and coastal district, as defined in Environmental Conservation Law, section 13-0103, shall only be possessed or used in waters of the marine and coastal district and the Hudson River as defined in section 10.1(f)(7)(x) of this Title, and shall not be possessed or used in any water body outside the marine and coastal district, except the Hudson River as defined in section 10.1(f)(7)(ix) of this Title.

(e) Bait fish taken for commercial purposes from any water body shall not be transported overland, except:

(1) bait fish taken in the marine and coastal district, as defined in Environmental Conservation Law section 13-0103, may be transported overland only for use in waters of the marine and coastal district and only within the following counties: Queens, Kings, Richmond, New York, Bronx, Suffolk, Nassau, Rockland and Westchester;

(2) pursuant to permit issued by the department in its discretions;

(3) bait fish certified pursuant to Part 188 of this Title may be transported overland if all applicable requirements of subparagraph (c)(3)(iii) of this section have been satisfied; or

(4) dead bait fish packaged for commercial purposes, and preserved by any method other than freezing only, may be transported overland. Each package of dead bait fish shall be individually labeled, identifying the name of the packager-processor, the name of the fish species, the quantity of fish packaged, and the means of preservation.

(f) Receipt requirements.

(1) Retail sale. For each retail sale of bait fish, except for bait fish intended for use only in the marine and coastal district, the seller shall issue a receipt to the purchaser, containing the name of the seller, the date of the retail sale transaction, the species of fish sold, and the quantity of each species of fish sold. If bait fish that have not been certified pursuant to Part 188 of this Title are being sold for use only in the water body from which they were collected, the seller shall include the following information on the receipt:

(i) the name of the water body in which the bait fish must be used; and

(ii) a warning to the purchaser that the fish may not be transported by car or other motorized vehicle except as specified in subparagraph (iii) of this paragraph;

(iii) receipts issued by sellers permitted pursuant to paragraph (c)(2) of this section must specify the overland transportation corridor identified in their permit, and contain the warning that the bait fish may only be transported overland within that overland transportation corridor.

(2) Sale or transfer of bait fish other than retail sale. When engaging in the sale or transfer of bait fish other than a retail sale, except for bait fish intended for use only in the marine and coastal district, the seller shall issue a receipt to the purchaser, containing the name of the seller, the date of the sale transaction, the species of fish sold, and the quantity of each species of fish sold.

(g) Environmental conservation officers may seize any bait fish possessed in violation of this section. No action for damages shall lie for such seizure, and disposition of seized bait fish shall be at the discretion of the department.

(h) No person shall fail to exhibit a fish health certification report or bait fish receipt upon the demand of any police officer or representation of the department.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 35.3

Amended New York State Register June 5, 2019/Volume XLI, Issue 22, eff. 6/5/2019

Amended New York State Register March 30, 2022/Volume XLIV, Issue 13, eff. 4/1/2022