NY Env Conserv L § 11-1521 (2021)
2021 New York Laws ENV - Environmental Conservation Article 11 - Fish and Wildlife Title 15 - Commercial Inland Fisheries 11-1521 - Management of Striped Bass in the Hudson River.

§ 11-1521. Management of striped bass in the Hudson River.Notwithstanding any provision of law to the contrary:1.  Striped bass (Morone saxatilis) less than eighteen inches in total   length may not be taken, possessed, bought, sold or offered for sale.2. Striped bass shall not be taken in the Hudson River from the George   Washington bridge north to the Federal  dam  at  Troy  from  December  1   through  March  15.  Striped  bass unintentionally taken in violation of   this subdivision shall be returned  to  the  water  immediately  without   unnecessary injury.3. Striped bass shall not be taken in the Hudson River from the George   Washington  bridge  north to the Federal dam at Troy with seines, fykes,   hoop nets or trawls.4. From March 15 through June 15, gill nets with stretched  mesh  size   greater than 3 1/2 inches and less than 5 inches shall not be set in the   Hudson  River from the George Washington bridge north to the Federal dam   at Troy nor possessed while on those waters.5. In addition to the  restrictions  set  forth  in  subdivision  four   hereof,  from  March  15 through June 15, no person shall set a gill net   other than a drift gill net in the waters  of  the  Hudson  River  lying   between  the  Bear Mountain bridge and the Hamilton Fish Newburgh-Beacon   bridge nor possess any gill net other than a drift gill net while on the   shores or waters of that portion of the Hudson River. For  the  purposes   of  this  subdivision  a drift gill net is defined as a gill net that is   not anchored or staked and is free to move with  water  currents.    The   department shall identify additional spawning areas and allocate fishing   locations within these spawning areas.6. Striped bass unintentionally taken in violation of subdivision one,   three,  four  or  five of this section shall be returned to the water at   once without unnecessary injury, except that fish  taken  in  gill  nets   need  not  be  so returned to the water but shall not be bought, sold or   trafficked in. For the purposes of this section "trafficked in" includes   possession or transportation in any boat or vehicle other than the  boat   in  which  such  striped  bass were landed after being taken. Nothing in   this subdivision shall be construed as permitting any person to  possess   striped bass of less than legal size.7.  On  or  before March 15, 1984 the department shall adopt rules and   regulations limiting entry to the  traditional  commercial  fishery  for   striped bass in the Hudson River. Such rules and regulations may include   the  establishment  of  a limit on the number of commercial striped bass   licenses to be  issued,  the  establishment  of  equipment  restrictions   necessary  to maintain traditional fishing methods, the establishment of   a striped bass harvest quota for  allocation  among  licensees  and  the   establishment  of  a Hudson River commercial fishing board whose members   will be appointed by the commissioner and which will function to approve   or deny applications for commercial striped bass licenses on  the  basis   of  rules  promulgated  by the department, to establish criteria for the   allotment of individual licensee catch quotas and  to  allot  the  catch   quotas  when  the department establishes striped bass harvest limits for   allocation among licensees. Such rules and regulations shall be publicly   reviewed each year by the Hudson River Advisory Committee and revised as   needed to insure maintenance  of  an  economically  viable,  stable  and   traditional  striped  bass commercial fishery in the Hudson River and to   provide proper protection for the Hudson River striped bass population.8. No person shall sell or expose or offer for sale, trade  or  barter   striped  bass without first obtaining a commercial striped bass license.   A commercial striped bass license is required  only  for  initial  sale,   exposing  or  offering for sale, trade or barter and is not required for   subsequent sales. The resident fee for such license shall be  determined    by  the  commissioner and shall not exceed one hundred dollars. Fees for   licensing nets in the Hudson River as required by department  rules  and   regulations  shall be credited toward purchase of the commercial striped   bass  license. The nonresident fee for such license shall be two hundred   dollars.