NY Env Conserv L § 13-0335 (2021)
2021 New York Laws ENV - Environmental Conservation Article 13 - Marine and Coastal Resources Title 3 - Marine Fisheries 13-0335 - Food Fish; License; Prohibited Acts.

§ 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   license, except as prohibited by this chapter, from the  waters  of  the   marine  and  coastal  district  and may land food fish taken from waters   outside New York state boundaries for commercial purposes. For  purposes   of this section "commercial purposes" shall mean the taking of food fish   by any method for subsequent sale, trade or barter or to offer for sale,   trade  or  barter and the taking of food fish when setting, maintaining,   operating or using nets, except cast nets, not in excess of twenty  feet   in  diameter,  when  operated  by  hand  for the purposes of taking only   Atlantic menhaden (Brevoortia tyrannus) and  mullets  (Mugil  spp),  for   recreational  purposes  only, seines not larger than thirty feet long or   four feet deep or lift nets not larger than sixteen square feet;  traps,   except bait traps not more than thirty inches in length; combs; pots; or   hook  and line, except by angling. The fee for such license shall be two   hundred fifty dollars, and shall  cover  all  persons  employed  by  the   licensee while engaged in such employment of commercial fishing.2.  A  person not domiciled in the state may take food fish, except as   prohibited by this chapter, from the waters of the  marine  and  coastal   district  and  may  land  food  fish  taken  from outside New York state   boundaries for commercial purposes upon  first  obtaining  a  commercial   fishing  license.  The  fee  for  such license shall be one thousand two   hundred fifty dollars, and shall  cover  all  persons  employed  by  the   licensee  while  engaged  in such employment of commercial fishing. Such   licenses shall be issued only to persons domiciled  in  states  offering   reciprocal fishing privileges to persons domiciled in New York state and   which  implemented  the  size  limits  and  other  management strategies   recommended in fisheries management plans or amendments thereto  adopted   by  the  Atlantic  States  Marine  Fisheries  Commission or the regional   management councils  as  provided  in  the  Fisheries  Conservation  and   Management  Act (16 USC 1800 et seq.) which have been implemented in New   York State. Such license shall  only  be  issued  during  the  month  of   January of each year.3.  A  person may land food fish, except as prohibited by this chapter   and except blackfish or  tautog  (tautoga  onitis),  taken  from  waters   outside  the  marine  and  coastal district for commercial purposes upon   first obtaining a marine and coastal district food fish landing license.   The fee for such marine and coastal district food fish  landing  license   shall  be  five  hundred dollars and shall cover all persons employed by   the licensee while engaged in such employment of landing food fish.4. Licenses issued under this section shall  be  non-transferable  and   shall  expire  on  the  last day of December of each year. Such licenses   shall be issued annually and the department shall not limit  the  number   of  licenses  issued. The department may, in its discretion and after an   opportunity for a hearing, revoke any such license of any person who has   been convicted of a violation of title three  of  this  article  or  who   signs an acknowledgment of such violation for the purpose of effecting a   settlement  by  civil  compromise or by stipulation. The application for   any such license by a person under the age of sixteen shall be signed by   his parent or guardian who shall thereby consent to its issuance.5. It shall be unlawful for  any  person  to  render  food  fish  into   fertilizer.6. No person shall intentionally disturb or without the consent of the   licensee  take  or  remove  fish  or  crustacea  from any legally set or   operated nets or other commercial  gear,  or  damage,  take,  remove  or   possess any such net or gear. Possession of any such net or gear without    the  consent of the licensee shall be considered prima facie evidence of   a violation of this subdivision.7.  The  holder  of  any license issued pursuant to this section shall   display the license and/or have the  license  available  for  inspection   according   to   such  rules  and  regulations  as  the  department  may   promulgate.8. The provisions of sections 13-0311, 13-0329, 13-0331 and 13-0333 of   this title  shall  be  applicable  to  lobsters,  crabs,  shellfish  and   menhaden  and  no  license  therefor  shall be required pursuant to this   section.9. Notwithstanding the provisions of subdivision one of this  section,   a person may, upon obtaining a marine bait permit, take marine bait fish   and  sell  such  fish  as  bait at retail only, subject to the following   restrictions:a. Only Atlantic menhaden, silversides (Minidia  spp.)  and  killifish   (Fundulus spp.) may be taken and sold pursuant to this subdivision.b. Bait fish to be sold pursuant to this subdivision may be taken only   using  cast  nets  not  larger  than twenty feet in diameter, seines not   larger than thirty feet in length or four feet in depth,  or  lift  nets   not  larger  than sixteen square feet or bait traps not more than thirty   inches in length.c. Marine bait permits shall be available to any person at  a  fee  of   fifty  dollars,  shall be non-transferable, and shall expire on December   thirty-first of the year of issue and shall identify the  business  name   and  address  of  the  single  retail  business  at which the bait taken   pursuant to the permit may be sold.d. The holder of a marine bait fish permit must be  present  and  have   the  permit in possession and available for inspection at all times when   the bait harvesting privileges of the permit are being exercised.