NY Env Conserv L § 11-1913 (2021)
2021 New York Laws ENV - Environmental Conservation Article 11 - Fish and Wildlife Title 19 - Propagation; Shooting Preserves; Farm Fish Ponds; Fishing Preserves 11-1913 - Fishing Preserves.

§ 11-1913. Fishing preserves.   1.  "Fishing preserve waters" means any artificial or man-made body of water, without limitation of size, lying wholly within the boundaries of privately owned lands, operated for the purpose of permitting the  owner to  provide  fishing  facilities  to  fishermen.  Such  waters shall not include natural streams,  natural  ponds  or  waters  impounded  by  the damming of natural streams. The sources of water for such ponds shall be limited  to  surface  run-off, natural springs or waters diverted from a natural stream.   2. a. The department may, in  its  discretion,  after  application  on forms furnished by it, issue to an owner of such fishing preserve waters a  fishing preserve license permitting the holder thereof to manage such fishing preserve waters and to possess, propagate and rear, and to  take or  permit  others to take therefrom, fish therein legally propagated or acquired. Such license shall expire on the last day of December  in  the year in which it is issued unless previously revoked. A separate license is  required  for each body of water defined in subdivision 1 as fishing preserve waters. Two or more ponds under one ownership, supplied by  one common  water source and located on one continuous parcel of land, shall be considered as one body of water requiring one license.   b. The license so issued, shall:  (1) contain the name of the town and  county  in  which  such  fishing preserve waters are located;  (2) specify the species of fish authorized to be stocked therein;  (3) authorize the licensee to stock, propagate, raise and release such fish  in  such  licensed  fishing  preserve  waters  and to buy, sell or otherwise traffic in fish taken therefrom;  (4) specify the manner  of  identification  of  fish  taken  from  the licensed waters, and  (5) specify the means of acquisition of fish stocked therein.   c. The license may also:  (1)  authorize  the  licensee  to  control undesirable protected fish, wildlife and insects and specify means of control of the same.  (2) specify such other restrictions and controls for the management of the fishing preserve waters as in the judgment of the department may  be deemed advisable for proper fish management.   d. The fee for the license shall be fifty dollars, payable at the time application is made.   e.  The  department may for cause revoke or suspend the license of any licensee.   3. Lands containing fishing  preserve  waters  so  licensed  shall  be posted with appropriate signs in accordance with section 11-2111.   4.  A  licensee  or  any  member  of  his immediate family may without license issued under title 7 of the Fish and Wildlife Law, or license to take fish by net or device, take fish of any size, in any number, at any time and in any manner permitted by the license.   5. a. Any licensee, during the term of his license may sell fish taken from the licensed fishing preserve waters and may  grant  permission  to other  persons  to  take  fish  in or from the licensed fishing preserve waters and charge a fee for such fishing or for the fish taken,  or,  if the  licensee  is  a club, it may impose dues permitting such angling by members of such club.   b. Persons to whom such permission to fish is granted or who have paid for the privilege of fishing in  the  licensed  waters  or  dues  paying members  of  a  club which is a licensee may fish in such waters without license issued under title 7 of the Fish  and  Wildlife  Law,  or  other license.    c.  The  licensee may prescribe such restrictions or limitations as he sees fit with respect to the size of fish, limits of catch, open  season and   manner  of  taking  fish  from  the  licensed  waters.  Except  as specifically noted in the license, the provisions of title 13  or  title 15  of  the  Fish and Wildlife Law shall not be applicable to fishing in such licensed fishing preserve waters.   6.  a.  All  trout,  black  bass,  lake  trout,   landlocked   salmon, muskellunge,  pike, pickerel and walleye taken from the licensed fishing preserve waters, shall be immediately identified on  forms  provided  by the  department  as  prescribed  in  the  license  or  by  order  of the department.   b. The identification form shall accompany the fish until the same  is finally prepared for consumption.   c.  No  fish, required to be identified as specified in paragraph a of this subdivision, taken pursuant to this section shall be possessed  off the  premises  of the fishing preserve without such identification form, and no person shall sell such fish without such identification form.   d. Fish taken from such fishing preserves and identified  as  provided in  this  subdivision,  may  be  possessed, bought, sold and offered for sale, and transported without  restriction.  Fish  raised  or  possessed under  license  issued  under  this  section may be sold at any time for scientific, exhibition, propagation or stocking purposes.   7. The holder of a fishing preserve license shall keep such records as the department may require and make annual reports  to  and  upon  forms furnished  by  the department. The records shall be continuous and shall be kept on the licensed premises,  and  the  licensee  shall  allow  any representative  of the department to enter upon the premises and inspect his operations and records.   8. Farm fish ponds, previously licensed pursuant to  section  11-1911, may be licensed as fishing preserves, provided that the waters so sought to be licensed under this section meet the requirements of subdivision 1 hereof,  and  provided further that such waters have not been stocked by the department during the five year  period  immediately  preceding  the application for fishing preserve license.   9. The department may, by special permit or authorization contained in the license, authorize the licensee to use fish toxins in the management of  the licensed waters, but unless so specifically authorized by permit or license no toxins or poisons may  be  introduced  into  the  licensed waters.   10.  Nothing in this section shall abridge, alter or affect the rights or liabilities, riparian or otherwise, that  would  otherwise  exist  or accrue  by  reason  of  the impounding of the water, except that fishing preserve waters are waters of the state within the  meaning  of  section 11-0503 of the Fish and Wildlife Law and article 17 of this chapter.   11.  The  department  may,  by order made pursuant to section 11-2301, make such rules and regulations  with  respect  to  the  management  and operation  of fishing preserves, not inconsistent with the provisions of this section, as it shall deem necessary and proper to carry into effect the provisions of this section.