Legislation
SECTION 11-1703
Importation, possession and sale of fish without license or permit; prohibitions
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 11, TITLE 17
§ 11-1703. Importation, possession and sale of fish without license or
permit; prohibitions.
1. Except as provided in subdivision 3 and subdivision 4; (a) all
species of fish taken outside the state, except trout, black bass,
muskellunge and landlocked salmon other than Atlantic salmon, may be
imported and transported by any means and in any number, and may be
possessed, bought and sold without permit or license, during the open
season; (b) Atlantic salmon taken outside the state may be imported,
transported, bought and sold at any time.
2. Except as provided in subdivision 3 and subdivision 4, any person
may, during the closed season, without license or permit, and without
limitation by section 11-1707, transport into the state, buy, possess,
transport and sell, lake sturgeon, lake trout, whitefish, pickerel,
pike, walleye and striped bass taken outside the state, provided he
keeps a record and enters therein the name, residence and post office
address of every person from whom he buys and every person to whom he
sells or ships such fish. But this subdivision does not require that a
record be kept of persons to whom such fish are sold for personal or
home consumption, nor by persons who purchase in this state for
consumption and not for resale. A person required by this subdivision to
keep records shall permit the department or its agents to examine all
books and papers relating to such purchase and sale at any time and
shall on demand furnish invoices, freight or express receipts used in
such transactions.
3. a. No person shall sell, offer for sale or expose for sale, under
the name or designation of Lake Champlain fish, any fish other than fish
that have been taken from the waters of Lake Champlain, its bays, coves
or tributaries, the Missisquoi Bay or the Richelieu River. No person
shall wilfully and with intent to deceive, affix, apply or annex, or use
in connection with any fish, or any container of the same, any words or
other symbols, tending falsely to identify the origin of the contents as
the waters described in this paragraph.
b. No person shall possess or transport into the state any fish except
eels caught in that part of Missisquoi Bay in Lake Champlain lying in
the Province of Quebec or in the Richelieu River.
4. Fish of the following species taken outside the state shall not be
bought or sold or otherwise trafficked in if they are of less than the
size limits specified in this subdivision or in the sections to which it
refers:
a. striped bass, fluke or summer flounder, blue porgie, weakfish,
mackerel, sea bass, king fish, cod fish, blackfish, winter flounder, all
as specified in section 13-0339;
b. lake trout, pickerel, Atlantic sturgeon, Atlantic (landlocked)
salmon, whitefish, northern pike, all as specified in regulations of the
department.
5. Fish named in subdivision 4 of less than the size limits specified,
may be imported, transported and possessed as provided in section
11-1707.
6. No person shall import, export, own, possess, acquire or dispose of
live piranha fish (Serrasalmus, Rooseveltiella or Pyrocentrus), grass
carp (Ctenopharyngodon idella) or hybrid grass carp within the state
without a license or permit issued at the discretion of the department
for scientific, biological or exhibition purposes.
7. Fish, except those specified in subdivision 6 of this section, may
be imported and transported at any time, for propagation purposes, and
the provisions of section 11-1707 do not apply.
permit; prohibitions.
1. Except as provided in subdivision 3 and subdivision 4; (a) all
species of fish taken outside the state, except trout, black bass,
muskellunge and landlocked salmon other than Atlantic salmon, may be
imported and transported by any means and in any number, and may be
possessed, bought and sold without permit or license, during the open
season; (b) Atlantic salmon taken outside the state may be imported,
transported, bought and sold at any time.
2. Except as provided in subdivision 3 and subdivision 4, any person
may, during the closed season, without license or permit, and without
limitation by section 11-1707, transport into the state, buy, possess,
transport and sell, lake sturgeon, lake trout, whitefish, pickerel,
pike, walleye and striped bass taken outside the state, provided he
keeps a record and enters therein the name, residence and post office
address of every person from whom he buys and every person to whom he
sells or ships such fish. But this subdivision does not require that a
record be kept of persons to whom such fish are sold for personal or
home consumption, nor by persons who purchase in this state for
consumption and not for resale. A person required by this subdivision to
keep records shall permit the department or its agents to examine all
books and papers relating to such purchase and sale at any time and
shall on demand furnish invoices, freight or express receipts used in
such transactions.
3. a. No person shall sell, offer for sale or expose for sale, under
the name or designation of Lake Champlain fish, any fish other than fish
that have been taken from the waters of Lake Champlain, its bays, coves
or tributaries, the Missisquoi Bay or the Richelieu River. No person
shall wilfully and with intent to deceive, affix, apply or annex, or use
in connection with any fish, or any container of the same, any words or
other symbols, tending falsely to identify the origin of the contents as
the waters described in this paragraph.
b. No person shall possess or transport into the state any fish except
eels caught in that part of Missisquoi Bay in Lake Champlain lying in
the Province of Quebec or in the Richelieu River.
4. Fish of the following species taken outside the state shall not be
bought or sold or otherwise trafficked in if they are of less than the
size limits specified in this subdivision or in the sections to which it
refers:
a. striped bass, fluke or summer flounder, blue porgie, weakfish,
mackerel, sea bass, king fish, cod fish, blackfish, winter flounder, all
as specified in section 13-0339;
b. lake trout, pickerel, Atlantic sturgeon, Atlantic (landlocked)
salmon, whitefish, northern pike, all as specified in regulations of the
department.
5. Fish named in subdivision 4 of less than the size limits specified,
may be imported, transported and possessed as provided in section
11-1707.
6. No person shall import, export, own, possess, acquire or dispose of
live piranha fish (Serrasalmus, Rooseveltiella or Pyrocentrus), grass
carp (Ctenopharyngodon idella) or hybrid grass carp within the state
without a license or permit issued at the discretion of the department
for scientific, biological or exhibition purposes.
7. Fish, except those specified in subdivision 6 of this section, may
be imported and transported at any time, for propagation purposes, and
the provisions of section 11-1707 do not apply.