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This entry was published on 2014-09-22
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SECTION 13-0316
Marine hatcheries; off-bottom and on-bottom culture; permits
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 13, TITLE 3
§ 13-0316. Marine hatcheries; off-bottom and on-bottom culture; permits.

1. Marine hatcheries. The department, in its discretion, may issue
permits for operation of marine hatcheries. No person shall operate a
marine hatchery without first obtaining a permit from the department.
The fee for such permit shall be one hundred dollars annually, except
that political subdivisions of the state shall be issued permits without
fee. Each such permit shall expire on December 31 of the year of issue.
A marine hatchery permit entitles the holder thereof, notwithstanding
any other provision hereof, to possess, raise and breed marine plant and
animal life, including but not limited to shellfish, lobster, crab,
shrimp and food fish and to sell the products of a marine hatchery,
where less than legal size, to other permitted marine hatcheries,
persons holding a valid off-bottom or on-bottom culture permit, persons
holding a valid permit issued pursuant to section 11-0515 of this
chapter, and, subject to department rules and regulations, to individual
or commercial markets for consumption or resale. Products of a marine
hatchery of legal size may be sold for consumption or resale. The
department may adopt regulations with respect to the purchase, sale,
harvesting, transplanting, relaying, receiving, possessing,
transporting, exporting or otherwise trafficking in products of a marine
hatchery including the sale to individual or commercial markets for
consumption or resale.

2. Off-bottom and on-bottom culture. The department, in its
discretion, may issue permits for off-bottom and on-bottom culture of
marine plant and animal life, including but not limited to shellfish,
lobster, crab, shrimp and fish. No person shall engage in such
off-bottom or on-bottom culture without first obtaining a permit from
the department. The fee for such permit shall be one hundred dollars
annually, except that political subdivisions of the state shall be
issued permits without fee. Each such permit shall expire on December 31
of the year of issue. No such permit shall be issued unless the
applicant has obtained any necessary permits or licenses required under
any state or federal law and has obtained the written authorization of
the person or political subdivision having title or legal control of the
underwater lands on or above which such on-bottom or off-bottom culture
shall take place. An off-bottom or on-bottom culture permit entitles the
holder thereof, notwithstanding any other provision hereof, to purchase
and possess, from within or without the state, marine plant and animal
life of legal and less than legal size for purposes of off-bottom and
on-bottom culture only and, subject to department rules and regulations,
to sell such marine animal and plant life of less than legal size.
Products of off-bottom and on-bottom culture of legal size may be sold
to individual or commercial markets for consumption or resale. The
department may adopt regulations, necessary to protect the marine
environment and public health and safety, with respect to the
construction, marketing and maintenance of off-bottom and on-bottom
culture structures and the purchase, sale, harvesting, possessing,
transporting, importing, exporting, or otherwise trafficking in products
of off-bottom or on-bottom culture of marine animal and plant life.