N.Y. Comp. Codes R. & Regs. tit. 6 § 188.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 188.1 - Prohibitions; fish health certification report

(a) For the purposes of this section, water body, as defined in section 10.1(f)(6) and (7) of this Title, shall apply for purposes of this section.

(b) No person shall place live fish into the water bodies of the State, or possess, sell, offer for sale, barter, import or transport fish for purposes of placing them into water bodies of the State, unless such fish are accompanied by a fish health certification report issued within the previous 12 months, except:

(1) in the marine and coastal district, as defined in Environmental Conservation Law, section 13-0103; or

(2) pursuant to permit issued by the department in its discretion; or

(3) where a water body is contiguous with waters of another state or Province, live fish, except bait fish, taken from those waters outside of New York State, may be transported on the contiguous water across the state or Province boundary and may be released in the New York water body.

(c) This section shall not prohibit the personal use of bait fish in accordance with section 10.1(f) of this Title or shall not prohibit the use of legally obtained bait fish in accordance with sections 35.2, 35.3 and 35.4 of this Title. All fish health certification reports required by this section shall comply with section 188.2 of this Part.

(d) Environmental conservation officers may seize any fish possessed in violation of this Part. No action for damages shall lie for such seizure, and disposition of seized bait fish shall be at the discretion of the department.

(e) No person shall fail to exhibit a fish health certification report upon the demand of any police officer or representative of the department.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 188.1