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Part 155: Transporting Black Bass Raised In Private Hatcheries

(Statutory authority: Environmental Conservation Law, §11-1909)

[Last amended January 2, 2013]

Contents:

Sec.

§155.1 Special regulations for the transport of black bass raised by private hatcheries

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

(1) Black Bass Hatchery means any in-state or out-of-state facility permitted pursuant to ECL 11-1909 in which black bass are bred, propagated, or otherwise cultured for wholesale, retail sale or trade in New York State for stocking purposes, for exhibition purposes, for food purposes, or for any combinations of these three purposes. Facilities applying for a permit must demonstrate through the permit application that they possess appropriate hatchery rearing equipment including but not limited to ponds, buildings, tanks, raceways, or other structures.

(2) Black bass shall mean largemouth bass and smallmouth bass.

(3) Whole black bass shall mean black bass carcasses that are complete or that have had only the gills and viscera removed and remain recognizable.

(4) Retail sale shall mean the selling or offering for sale of black bass to any person who will consume the black bass, prepare the black bass for consumption, sell the black bass for scientific or exhibition purposes, or who will stock the black bass.

(5) Wholesale commerce shall mean the selling or offering for sale of black bass to any person other than those defined in retail sale of this Part.


(b) Black Bass Hatchery Permits.

(1) Only black bass originating from a black bass hatchery or otherwise as permitted by the Fish and Wildlife Law may be purchased or offered for sale in New York. Only largemouth black bass originating from a black bass hatchery or otherwise permitted by the Fish and Wildlife Law may be purchased or offered for sale for human consumption purposes in New York.

(2)Any permit issued pursuant to article 11-1909 of the Environmental Conservation Law or this Part may be issued with conditions. Conditions may be attached as necessary to assure that wild black bass are protected and that the intent and purposes of this Part will be carried out.

(3) Every permit issued pursuant to article 11-1909 of the Environmental Conservation Law or this Part shall contain the following conditions:

(i) The Commissioner or authorized department staff may enter and inspect a black bass facility, premises, books, papers, documents, or records of that facility, at all reasonable times, locations, and hours, whether announced or unannounced and to take representative samples, without payment, of any black bass for the purpose of ascertaining compliance or noncompliance with a permit, the ECL, and this Title. A receipt will be issued to the permittee documenting any black bass taken pursuant to this subparagraph.

(ii) The permittee shall keep copies of all black bass purchase receipts, black bass sales receipts and black bass fish health inspection reports. All purchase or sales receipts must contain the name and address of the seller and purchaser as well as the date of sale, the species, size, and number sold. Permittee shall make such records and fish health inspection reports readily available for inspection by the department for two years after each sale of black bass.

(iii) The permittee shall complete and send to the Bureau of Fisheries an annual report by January 31st of each year, indicating the name and address of each person from whom they purchased black bass, each person to whom they sold black bass, the species, size, number and date of each sale of black bass during the prior calendar year. No black bass hatchery permit will be renewed until this annual report is received by the Bureau of Fisheries.

(c) Transportation of Black Bass from a Private Black Bass Hatchery.

(1) Black bass that are sold by a black bass hatchery or sold in wholesale commerce originating from a black bass hatchery may be transported within the state in any number and in any size subject to the following conditions:

(i) All shipments of live or whole black bass must be accompanied by an original bill of sale that contains the name and address of the source black bass hatchery and the name and address of the buyer, the date of shipment, the size, number and species of black bass being shipped and the point of destination.

(ii) All shipments of live or whole black bass shall be in a container or containers marked black bass. Live black bass may be sold from a container or tank on the transporting vehicle provided the transporter retains a copy of all black bass bills of sale for black bass delivered that trip.

(iii) Any person engaged in retail sale of black bass that owns more than one retail location may divide black bass shipments into unmarked containers for distribution only to other retail locations owned by them provided they are the transporter and each shipment is accompanied by a copy of the original bill of sale.

(iv) All black bass hatchery permittees and persons engaged in the wholesale commerce of black bass must retain copies of any bill of sale and make such records readily available for inspection by the Department for two years after each sale of black bass.

(d) Additional requirements for persons engaged in the wholesale commerce of black bass

(1) Black bass purchased from different black bass hatcheries by a wholesaler may be combined into one tank or container for sale but the wholesaler must generate a new original bill of sale that contains the name and address of the wholesaler and the name and address of the buyer, the date of shipment, the size, number and species of black bass being shipped, and the point of destination.

(2) Persons engaged in the wholesale commerce of black bass must maintain a bound book, or use other methods approved by the department, at their place of business listing the name, address and telephone number of all black bass hatcheries or other black bass wholesalers that they purchase black bass from and the name and address of all black bass wholesalers or black bass retailers to whom they sell black bass. The list must include the date of transaction, number and species of black bass bought and or sold and if the black bass were live or whole black bass. All required records must be completed by the end of the business day in which the transaction occurred.

(e) Retail sale of black bass; requirements.

(1) Any person selling black bass in retail sale must issue a receipt to the purchaser containing the name of the retail seller, the date of the retail sale, the name of the species of black bass sold and the quantity of each species sold. This section does not apply to on premises human consumption of black bass.

(2) Any person selling largemouth bass in retail sale for human consumption must retain a copy of the bill of sale for all black bass purchased by them during the preceding two years and must make those records readily available for inspection by the department during normal business hours.

(3) Any person selling black bass in retail sale, for purposes other than for human consumption, must retain a copy of the bill of sale for all black bass purchased and sold by them during the preceding two years and must make those records readily available for inspection by the department during normal business hours.

(4) Any person who buys black bass in retail sale must retain the issued receipt while in possession of the black bass. Any person who buys largemouth bass in retail sale for human consumption purposes must retain the issued receipt while in possession of the largemouth bass until it is prepared for human consumption.

(5) Live largemouth bass sold in retail sale for human consumption shall be killed by the retail seller before transferring possession of the fish.

(f) General prohibitions.

(1) No person shall operate a black bass hatchery except under permit from the department.

(2) No person shall operate a black bass hatchery except in compliance with all the hatchery permit terms and conditions.

(3) No person shall buy, sell, import, export, offer for sale, possess or transport black bass from a black bass hatchery except as authorized by this Part.

(4) No person shall buy, sell, import, export, offer for sale, possess or transport black bass from a person engaged in the wholesale commerce of black bass except as authorized by this Part.

(5) No person shall possess or transport black bass unless accompanied by an original bill of sale, or copy of original bill of sale that contains the information as required in this Part, or as otherwise permitted by the Fish and Wildlife Law.

(6) No person engaged in the retail sale of black bass for human consumption shall sell or offer for sale any black bass other than the species largemouth bass.

(7) No person engaged in the retail sale of black bass for human consumption shall fail to kill a largemouth bass prior to transferring possession of the fish to the retail purchaser.

(8) No person shall purchase, sell or offer for sale black bass unless the black bass originated from a permitted black bass hatchery.

(9) No person shall sell or offer for sale a largemouth bass with the head removed, skin removed or filleted. This section does not apply to largemouth bass prepared for on site consumption.

(10) No person shall fail to maintain complete and accurate records of all black bass transactions as required by this Part.