Part 48: Marine Hatcheries, On-Bottom and Off-Bottom Culture Of Marine Plant and Animal Life

(Statutory authority: Environmental Conservation Law, §§ 11-0305, 13-2301, 13-0316)

[This regulation was last amended 07/13/95.]

§48.1 Definitions

Unless the context otherwise requires, the following terms and their derivatives when used in this Part shall have the following meanings:

(a) Marine hatchery means any building, pond, tank, raceway or other structure, excluding hobby aquariums and natural bodies of water, in which marine plant or animal life is bred or otherwise cultivated, whether located on land or water, anywhere in the state.

(b) Culture or cultivation means the controlled or partially controlled raising, breeding, growing, planting and containment of marine plant or animal life in any marine hatchery or through on-bottom or off-bottom culture as herein defined.

(c) Off-bottom culture means the raising, breeding or growing of marine plant or animal life, including containment on, or in, any raft, rack, float, cage, box or other similar device or structure in any natural waters of the state.

(d) Waters of the marine and coastal district means all those tidal waters and the lands thereunder which are located within the marine and coastal district as defined in section 13-0103 of the Environmental Conservation Law.

(e) Food fish means all species of the super-class Pisces and hybrids thereof, which are edible.

(f) On-bottom culture means the raising, breeding, growing or planting of marine plant or animal life on, or in, any natural underwater lands of the State.

(g) Commissioner means the commissioner of Environmental Conservation and his duly authorized representatives.

(h) Person means any individual, group of individuals, public or private corporation, industry, co-partnership, joint stock company or other legal entity.

(i) Marine plant and animal life means all organisms that spend or are capable of spending all or part of their life cycle in any waters of the marine and coastal district, except those fish for which the department may issue a hatchery permit pursuant to the provisions of section 11-1909 of the Environmental Conservation Law.

(j) Tag means a non-reusable locking marker which when locked must remain attached during routine handling of each fish or part thereof.

(k) Hybrid means progeny produced by the breeding of marine plant life or animal life of different species.

§48.2 General Prohibitions

(a) No person shall fail to comply with the provisions of this Part.

(b) No person shall carry out the activities of cultivation as herein defined in a marine hatchery or through on-bottom or off-bottom culture without first obtaining a permit from the department.

(c) No person shall import or receive, from outside the state, marine plant or animal life as herein defined for cultivation without first obtaining an importation permit from the department.

(d) No person shall sell, offer for sale or trade in any manner, marine plant or animal life of less than legal size, as defined in sections 13-0325, 13-0327, 13-0329, 13-0339 and 11-0303 of the Environmental Conservation Law or regulations adopted pursuant thereto, except as expressly allowed pursuant to the provisions of section 13-0316 of the Environmental Conservation Law and this Part.

§48.3 Permits

(a) Marine hatchery, on-bottom and off-bottom culture permits.

(1) The department in its discretion may issue marine hatchery, on-bottom and off-bottom culture permits.

(2) The department may prescribe any conditions or limitations to such permits which, in the opinion of the Commissioner, are necessary to protect the public health and safety and provide for the continued viability of the marine resources of the State.

(3) All marine hatchery, on-bottom and off-bottom culture permit applications shall be completed in a form and in a manner established by the department. Applications shall be submitted within such time as will afford an adequate period for department review.

(4) Each marine hatchery, on-bottom and off-bottom culture permit shall include the identification of the species of marine plant or animal life which may be cultivated.

(5) Each on-bottom and off-bottom culture permit shall include the specific location in which such activities may take place.

(6) No on-bottom and off-bottom culture permit shall be issued unless the applicant shall have provided the department with satisfactory confirming documentation of the applicant's title to, or appropriate grant, lease or other legal control, of all underwater lands where on-bottom and/or off-bottom culture shall be undertaken.

(b) Importation Permits

(1) The department in its discretion may issue an importation permit which shall allow for the importation and introduction of live marine plant or animal life for cultivation purposes.

(2) An importation permit must be obtained by the holders of valid marine hatchery, on-bottom and off-bottom culture permits prior to each importation activity.

(3) All importation permits shall be completed in a manner and in a form established by the department. Applications shall be submitted within such time as will afford an adequate period for department review.

(4) Each importation permit shall include the following:

(i) identification of the species to be imported.

(ii) the specific location from which a species is to be obtained for importation.

(iii) the period of time at which, or during which, importation may take place.

(iv) the person from whom the species to be imported shall be obtained.

(v) the manner and method of importation, as well as the identity of all separate persons, corporations or carriers, involved in the specific importation process.

(vi) the area or location of the hatchery or other facility to which the species is to be delivered and in which the species will be cultivated.

(vii) the disposition of such species.

(viii) any additional conditions, provisions or information which the Commissioner may deem necessary to protect the health and welfare of the people of the State and the continued viability of existing marine resources.

§48.4 Sale of Cultivation Products

(a) Cultivation products of legal size may be sold for consumption or resale.

(b) Subject to the provisions of section 48.5 of this Part, food fish produced through cultivation which are other than legal size or the sale of which is otherwise restricted through sections 13-0339, 11-0303, and 11-1303 of the Environmental Conservation Law and regulations adopted pursuant thereto, may be sold for consumption or resale.

§48.5 Marking and Identification of Cultivation Products

(a) Marine plant or animal life permitted by the department to be possessed, raised, and bred in a marine hatchery or through on-bottom or off-bottom culture, pursuant to section 13-0316 of the Environmental Conservation Law and the provisions of this Part, may be sold to other permitted hatcheries, educational and scientific institutions, persons holding a valid on-bottom and off-bottom culture permit and, as specifically provided in section 48.4 of this Part, to commercial markets for consumption or resale provided that each shipping container is marked with a label bearing the following information:

(1) the name and quantity of the species contained.

(2) the name and address of the original consignor and consignee.

(3) the marine hatchery, on-bottom and off-bottom culture permit number of the original consignor.

(b) Prior to being sold as a food product, each individual food fish, other than hybrids or parts thereof, shall bear a serially numbered tag provided and applied by the culturist. The tag must be used in ascending numerical order and shall be firmly attached to each whole fish or to each part thereof. The tag must remain attached until the product is prepared for final consumption and must be cut or broken in half, rendering it unusable, upon preparation of the product for consumption. The following information must appear on each tag:

(1) place of origin.

(2) marine hatchery or culture permit number.

(3) month & year of production.

(4) species identification.

(5) tag number.

(c) The individual tagging of cultured hybrid food fish, or parts thereof, is not required. Documentation of each consignment or sale of cultured hybrid food fish is required and must conform to the provisions of subdivision (d) of this section and section 48.6(b) of this Part.

(d) Each consignment or sale of cultured food fish, other than that to the final consumer, must be accompanied by an invoice or shipping label bearing the date, the number of whole fish or parts contained therein and their tag numbers, the species, the total weight of whole fish or parts contained therein, the culture facility of origin, the consignor and the consignee.

(e) Individual tagging requirements of this section shall not be required for the transfer of live, cultured food fish, to facilities where they will be grown to larger sizes.

(f) All hybrid species must be identified, sold or offered for sale as hybrid products.

§48.6 Records

(a) Except as otherwise required in subdivision (b) of this section, each person holding a valid marine hatchery or on-bottom and off-bottom culture permit shall maintain a record indicating the quantity and disposition of all products produced and distributed within the previous 12-month period; this record shall include, but not be limited to, a list of all products disposed of that were of less than legal size.

(b) Culturists, seafood wholesalers and seafood retailers must keep records of invoices or shipping labels describing their receipts and disbursements of cultured food fish. These records must include all information as required in subdivision (d) of section 48.5. Such records shall be maintained for a period of one year from the date of consignment or sale.