13-0334 – Marine and Coastal District Food Fish and Crustacea Dealers and Shippers License.

§  13-0334.  Marine and coastal district food fish and crustacea dealers
           and shippers license.
1. No person shall purchase marine food fish or crustacea, whether  to
  be  used  as  food  or bait, directly from the person taking such marine
  food fish or crustacea for the purpose of resale trade or barter without
  a valid food fish and crustacea dealers and shippers license. No  person
  shall  operate  a  facility  for packing, holding or storing such marine
  food fish or crustacea prior to consignment, transport or sale without a
  valid food fish and crustacea dealers and shippers license.
2. No person shall ship, transport or traffic in marine food  fish  or
  crustacea  for  resale,  trade or barter to persons other than the final
  consumer within the state or export food fish or crustacea landed in New
  York to outside the state  without  a  valid  food  fish  and  crustacea
  dealers  and  shippers  license.  No  such  license shall be required of
  common carriers who transport marine food fish or crustacea. Such common
  carrier  must  carry  and  have  ready  for  inspection  any   bill   of
  consignment,  bill  of lading or other documentation showing thereon the
  name and address of the consignee, name and address of the shipper,  the
  date  of  the  shipment  and  the  quantity of each species shipped. For
  purposes of this section, "common carrier" shall  mean  persons  engaged
  solely  in  the  transport  of  food fish or crustaceans which have been
  consigned or sold by a licensed harvester or by a  licensed  dealer  and
  shipper  to a licensed dealer and shipper within the state or to another
  party outside the state. A common carrier shall hold no title, ownership
  or financial interest in the food fish or crustacean being  transported.
  No  such  license  shall  be required of a person who is the holder of a
  food fish license, a lobster license or a blue-claw crab license  issued
  pursuant  to  section  13-0335,  13-0329 or 13-0331, respectively, while
  transporting the species which he or she  has  lawfully  and  personally
  taken.  For purposes of this section, "landed" means the bringing to any
  shore food fish or crustacea taken by  a  holder  of  a  license  issued
  pursuant  to this article or the transfer of the catch taken pursuant to
  this article from a vessel to any other vessel or to the land or to  any
  pier, wharf, dock or other similar structure.
3.  No person who is the holder of a commercial food fish license or a
  commercial lobster license or a  commercial  crab  license  shall  sell,
  trade  or  barter marine food fish or crustacea in New York state except
  to the holder of a marine and coastal district food fish  and  crustacea
  dealers  and  shippers  license.  Provided,  however,  that  persons who
  possess commercial food fish, lobster, or crab  licenses  may  sell  the
  marine food fish or crustacea they are authorized to take for commercial
  purposes  directly to the consumer of such marine food fish or crustacea
  and that such licensed harvesters shall report to  the  department  such
  direct  sales to consumers pursuant to paragraph a of subdivision one of
  section 13-0342.
4. The fee for a food fish and crustacea dealers and shippers  license
  shall  be two hundred fifty dollars and shall cover all persons employed
  by the licensee. Licenses issued pursuant to this section shall be valid
  for a single business address, shall be nontransferable and shall expire
  on the thirty-first day of December of each year.
5. No person licensed as a dealer or shipper shall  purchase  or  ship
  marine  food  fish  or  crustacea directly from the taker of marine food
  fish or crustacea  unless  the  taker  presents  the  appropriate  valid
  license  to  the  person  making  the purchase. No person who operates a
  facility for the packing, holding or storing  of  marine  food  fish  or
  crustacea  prior  to  consignment,  transport  or sale shall accept such
  product without requiring the taker to provide his or her name,  address

  and  appropriate  valid  license  number,  the  date,  and quantities of
  product in the transaction.
6.  A  licensed dealer or shipper may only import, export, possess, or
  offer for sale, barter,  or  trade,  lobsters  greater  in  length  than
  provided by subdivision 5 of section 13-0329 of this title if:
a.  The  licensed  dealer  or  shipper  has notified the department in
  writing prior to  taking  such  action  on  a  form  prescribed  by  the
  department; and
b.  The  lobsters  are  in  a  secured  container  in  accordance with
  paragraph a of subdivision 18 of section 13-0329 of this title or tagged
  in accordance with paragraph b of subdivision 18 of section  13-0329  of
  this title.
7.  No  person  licensed  as  a  dealer or shipper may import, export,
  possess, or offer for sale, barter, trade, lobsters, or  parts  thereof,
  not  in the shell, detached lobster tails or claws, or any other part of
  a lobster that has been separated from the lobster except as  authorized
  by subdivision 19 of section 13-0329 of this title.