New York Environmental Conservation Law Title 3 - MARINE FISHERIES

• 13-0301 - Lease of State-Owned Underwater Lands for Shellfish Cultivation.
  1. Leases. a. Except as provided in paragraph b of this subdivision, the department may lease state-owned underwater lands within the marine and coastal district...
• 13-0302 - Lands Underwater of Gardiner's and Peconic Bays.
  1. Underwater lands ceded to county of Suffolk. All the right, title and interest in which the people of the state of New York have...
• 13-0303 - Tax on State-Owned Underwater Lands Held Under Lease or Franchise for Shellfish Cultivation.
  1. Tax. There shall be an annual tax of one dollar per acre on all state-owned underwater lands held by franchise for shellfish cultivation. The...
• 13-0305 - Marking Lands Prohibited; Injury to Monuments.
  1. No person other than the lessee or the department shall mark out or enclose in any manner, any state-owned lands under water for the...
• 13-0307 - Sanitary Surveys.
  1. The department periodically shall examine all shellfish lands within the marine district and the Hudson River between the Governor Mario M. Cuomo bridge and...
• 13-0309 - Taking, Handling and Importation of Shellfish; General Provisions.
  1. a. Shellfish shall not be taken from uncertified lands except as provided in sections 13-0319 and 13-0321. b. Shellfish from uncertified lands of other...
• 13-0310 - Northern or Lined Seahorses; Prohibited Acts.
  1. No person shall take any northern or lined seahorse (Hippocampus erectus) for commercial purposes. 2. The provisions of subdivision one of this section shall...
• 13-0311 - Digger's Permit to Take Shellfish for Commercial Purposes; When Not Required.
  1. Subject to the provisions of this article, a person may take shellfish from under water lands in the state for commercial purposes, including the...
• 13-0313 - Shellfish Growers; Definition; Bed Permit.
  1. Any person resident in this state one year or more may engage in the cultivation and marketing of shellfish subject to the provisions of...
• 13-0315 - Shellfish Shipper's and Processor's Permit.
  1. Prior to the processing, transportation or shipment of shellfish, either in intra-state or inter-state commerce, an appropriate permit to do so shall be obtained...
• 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...
• 13-0317 - Shipping Tags.
  All persons transporting, importing, exporting or otherwise distributing shellfish shall label or tag the same as provided under section 13-0319.
• 13-0319 - Shellfish Regulations.
  The department may adopt regulations with respect to the harvesting, transplanting, relaying, receiving, possessing, transporting, importing, exporting, processing, buying, selling of or otherwise trafficking in...
• 13-0321 - Taking and Importation of Shellfish for Transplanting and Other Purposes.
  1. Shellfish may be taken from uncertified shellfish lands for transplanting or other purposes as the department may deem advisable subject to supervision and regulation...
• 13-0323 - Oysters; Prohibited Acts.
  1. No person shall sell or offer for sale, any oysters, or label or brand any packages containing oysters for shipment or sale under the...
• 13-0325 - Clams; Prohibited Acts.
  1. Except for transplanting as provided in section 13-0321, no person shall take, harvest, possess, sell, offer for sale or otherwise trafficked in hard clams...
• 13-0327 - Scallops.
  The department may, until December thirty-first, two thousand eighteen, adopt by regulation measures for the management of scallops (Family Pectinidae) including size limits, catch and...
• 13-0328 - Commercial Licenses; Limited Entry.
  1. Commercial food fish licenses. Commercial food fish licenses provided for by section 13-0335 of this title shall be issued as follows: a. for the...
• 13-0329 - Lobsters; Permit to Take; Prohibited Acts.
  1. Any person domiciled within the state may take and land lobsters (Homarus americanus) from the waters of the state or land lobsters in the...
• 13-0330 - Whelks or Conchs; License to Take.
  1. A person domiciled within the state may take whelks or conchs (Busycon spp.) for commercial purposes from the waters of the state upon first...
• 13-0331 - Crabs; Permit to Take; Prohibited Acts.
  1. No person shall take crabs, including horseshoe crabs (Limulus sp.) for commercial purposes without first obtaining a permit from the department. For purposes of...
• 13-0333 - Menhaden; License; Prohibited Acts.
  1. Menhaden (Brevoortia tyrannus) from which oil or meal is made, subject to the provisions of section 13-0343, may be taken from the waters of...
• 13-0334 - Marine and Coastal District Food Fish and Crustacea Dealers and Shippers License.
  1. No person shall purchase marine food fish or crustacea, whether to be used as food or bait, directly from the person taking such marine...
• 13-0335 - Food Fish; License; Prohibited Acts.
  1. A person who is domiciled in the state may take and land food fish for commercial purposes, upon obtaining a marine commercial food fishing...
• 13-0336 - Marine and Coastal District Party and Charter Boat License.
  1. No owner or operator of a party boat or charter boat shall carry recreational fishing passengers in the marine and coastal district or land...
• 13-0337 - Return of Fish, Crustacea and Other Animals to the Water.
  1. If any fish or crustacea are unintentionally taken contrary to any provisions of the Fish and Wildlife Law, they shall be returned to the...
• 13-0338 - Sharks; Department Authority; Finning Prohibited.
  1. For purposes of this section: a. "Shark" means any species of the subclass Elasmobranchii except species in the order Batoidei; b. "Finning" means the...
• 13-0339 - Marine Fish; Size Limits of Marine Species; Sale of Marine Species.
  1. a. The taking of fish with nets in the marine and coastal district is governed by sections 13-0333, 13-0335, 13-0341, 13-0343, 13-0347 and 11-1521,...
• 13-0339-a - Atlantic Cod (Gadus Morhua), Atlantic Sturgeon (Acipenser Oxyrhynchus), Shortnose Sturgeon (Acipenser Brevirostrum), American Eel (Anguilla Rostrata), Atlantic Herring (Clupea Horengus), American Shad (Alosa Sapidissima), Alewife (Alosa Pseudoharengus), Blueback Herring (Alosa Aestivalis), Squid (Cephalopoda), and
  hickory shad (Alosa mediocris). 1. The department may fix, by regulation, measures for the management of the following species: a. Atlantic cod (Gadus morhua) until...
• 13-0340 - Bluefish (Pomatomus Saltatrix).
  The department may, until December thirty-first, two thousand nineteen, fix by regulation measures for the management of bluefish (Pomatomus saltatrix), including size limits, catch and...
• 13-0340-a - Weakfish (Cynoscion Regalis).
  The department may, until December thirty-first, two thousand nineteen, fix by regulation measures for the management of weakfish (Cynoscion regalis), including size limits, catch and...
• 13-0340-b - Fluke - Summer Flounder (Paralichthys Dentatus).
  The department may, until December thirty-first, two thousand twenty, fix by regulation measures for the management of fluke or summer flounder (Paralichthys dentatus), including size...
• 13-0340-c - Winter Flounder (Pleuorenectes Americanus).
  The department may, until December thirty-first, two thousand twenty, fix by regulation measures for the management of winter flounder (Pleuorenectes americanus), including size limits, catch...
• 13-0340-d - Blackfish or Tautog (Tautoga Onitis).
  1. The department may, until December thirty-first, two thousand nineteen, fix by regulation measures for the management of blackfish (Tautoga onitis), including size limits, catch...
• 13-0340-e - Scup (Stenotomus Chrysops).
  The department may, until December thirty-first, two thousand twenty, fix by regulation measures for the management of scup (Stenotomus chrysops), including size limits, catch and...
• 13-0340-f - Black Sea Bass (Centropristis Striata).
  The department may, until December thirty-first, two thousand twenty, fix by regulation measures for the management of black sea bass (Centropristis striata), including size limits,...
• 13-0340-g - Monkfish (Lophius Americanus, Lophius Reticulatus and Lophius Gastrophysus).
  The department may, until December thirty-first, two thousand eighteen, fix by regulation measures for the management of monkfish (Lophius americanus, Lophius reticulatus and Lophius gastrophysus),...
• 13-0341 - Trawls; Use Prohibited in Certain Waters.
  For the purposes of this chapter, a trawl shall be defined as a net which is towed or dragged through the water column, capturing fish...
• 13-0342 - Marine Fisheries Data.
  1. a. The department is authorized to adopt regulations which require reporting of catch, effort, area fished, gear used, by-catch, and volume and value of...
• 13-0343 - Nets Other Than Trawls; Restrictions on Use of Nets and Trawls.
  1. Nets other than trawls shall not be placed, maintained or used in any of the following waters except: (a) as permitted by this section;...
• 13-0343-a - Fish Pots and Traps; Restrictions.
  1. No person shall utilize commercial fishing gear commonly known as "fish pots" or "fish traps" within five hundred feet of any artificial reef. The...
• 13-0344 - Fish, Shellfish and Crustacea; Dumping.
  It shall be unlawful for any person who has been requested or signaled to stop by any police or peace officer, to throw or dump...
• 13-0345 - Protection of Waters; Cesspools and Drains.
  1. Sludge, acid or refuse from oil works, sugar houses or other manufactories, sewage or any substance injurious to shellfish culture or fish, or which...
• 13-0347 - Management of Striped Bass in Marine Waters.
  Notwithstanding any provision of law to the contrary: 1. Striped Bass (Morone saxatilis) taken by hook and line for recreational purposes, shall not be possessed,...
• 13-0349 - Taking of Fish for Commercial Purposes.
  1. No person shall take food fish, shellfish, or crustacea from the waters of the marine and coastal district for commercial purposes using a commercial...
• 13-0350 - Marine Resources Advisory Council.
  1. Legislative intent. The legislature hereby finds and declares that the finfish and shellfish industry in this state plays a vital part in the economy...
• 13-0355 - Recreational Marine Fishing Registration.
  1. Definitions of registrations; privileges. A recreational marine fishing registration entitles the holder who is sixteen years of age or older to take fish from...
• 13-0360 - Special Management Areas.
  1. For purposes of this section: (a) "artificial reef" shall mean a hard structure, deliberately placed in a marine or coastal water body for the...
• 13-0371 - Atlantic States Marine Fisheries Compact.
  1. The Atlantic States Marine Fisheries Compact as first enacted by chapter 500 of the laws of 1941, and as reenacted by chapter 474 of...

Last modified: February 3, 2019