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§ 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 twenty-five, 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.