NY Env Conserv L § 11-1321 (2021)
2021 New York Laws ENV - Environmental Conservation Article 11 - Fish and Wildlife Title 13 - Fishing 11-1321 - Other Prohibited Acts.

§ 11-1321. Other prohibited acts.1.  No  person  shall  take  fish  (a)  by use of explosives or (b) by   shutting or drawing off water.2. Explosives shall not be used or possessed in or on  the  waters  of   the  state  or shores or islands thereof except for mining or mechanical   purposes. Possession of explosives in such places by any person shall be   presumptive evidence of violation of this subdivision.3. Bass, walleye, trout, lake trout and salmon shall not be  disturbed   on  spawning beds in the closed season, nor shall their spawn or milt be   taken from spawning beds at any time.4. Any noise or disturbance of waters or  the  banks  thereof  by  any   means  with  intent to drive fish into a net, which practice is commonly   known as thumping, is prohibited unless expressly permitted in the terms   of a license or permit issued by the department.5. No person owning, leasing, operating or maintaining a  dam  holding   back water which such person knows or has reason to know is inhabited by   fish  shall  draw off such water in such quantities as to cause directly   the loss of a substantial number of fish within the impoundment, if such   person knows or has reason to know that such loss is  likely  to  occur,   without the written permission of the department. The provisions of this   subdivision shall not apply, (a) to the federal government or any agency   or  subdivision  thereof,  (b) to any hydropower project licensed by the   Federal Energy Regulatory Commission pursuant to the Federal  Power  Act   (16  U.S.C.  791a  et  seq.),  (c) in the event of an emergency, such as   fire, flood, storm, drought, and the like, where the drawing off of such   impounded water is required for public safety or public health,  (d)  to   any  artificial  or  man-made  body  of  water  lying  wholly within the   boundaries of privately owned or leased lands and  operated  as  a  farm   pond,  licensed  farm  fish  pond,  licensed  fishing  preserve water or   licensed private trout or bass hatchery, or (e) to  any  city  having  a   population of one million or more.6.  No  person taking or assisting in the taking of fish in other than   the marine and coastal district, as described in section 13-0103 of this   chapter shall discard any fish carcass or parts thereof into the  waters   of  this  state  or  upon  any public lands contiguous to and within one   hundred feet of such waters or upon any private lands contiguous to  and   within  one  hundred  feet of such waters unless such lands are owned by   such person or unless such person enters or remains with the  permission   of the owner of record or his representative or agent. The provisions of   this section shall not be deemed to prohibit: the return to the water of   live  fish  or  fish  required  to  be returned to the water pursuant to   section 11-1301 or 11-1303 of this  chapter  or  rules  and  regulations   promulgated  pursuant thereto; the use of fish or parts thereof as bait;   the discarding of fish carcasses or parts thereof into waters not within   one hundred feet of any shore; the proper disposal of fish carcasses  or   parts  thereof  into suitable garbage or refuse collection systems or by   burial; or the incidental cleaning of fish for consumption  except  that   no  wastes  resulting  from  such cleaning of fish may be disposed of in   waters or lands contiguous to and within one hundred feet of any  public   boat  launching  sites  or public docking facilities or on such sites or   facilities except by proper disposal into  suitable  garbage  or  refuse   collection systems or by burial.7.  Spears,  spear  guns and underwater guns shall not be possessed by   any person on any body of water within the Adirondack park boundary  nor   within a distance of two hundred feet of the high water mark of any body   of water within the Adirondack park boundary at any time when the use of   spears  in  the  taking  of  fish  from  such  body  of water within the   Adirondack park boundary is not permitted by law or  regulation  of  the    department;  except  that nothing contained herein shall be construed to   prevent the possession of spears in any dwelling or building within  two   hundred feet of the high water mark of such body of water.8.  Spears, spear guns, underwater guns, and snatch hooks shall not be   possessed by any person on Lake George nor  within  a  distance  of  two   hundred  feet  of the high water mark of such lake, except in a dwelling   or building, at any time when the use of such devices in the  taking  of   fish  in  such  lake  is  not  permitted  by  law  or  regulation of the   department.9. Pacific  salmon  shall  not  be  taken  by  hooking,  snatching  or   snagging.  Pacific  salmon taken by hooking, snatching or snagging shall   not be possessed, transported or otherwise trafficked in.