NY Env Conserv L § 13-0355 (2021)
2021 New York Laws ENV - Environmental Conservation Article 13 - Marine and Coastal Resources Title 3 - Marine Fisheries 13-0355 - Recreational Marine Fishing Registration.

§ 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 the waters of the marine and coastal district and to take migratory fish of the sea from  all  waters  of  the  state, except  as  provided  in  sections  13-0333 and 13-0335 of this title. A recreational marine fishing registration is effective for one year  from the date it was issued.   2.  General  provisions.  a.  The  privileges of a recreational marine fishing registration may be exercised only at the times and places,  and in  the manner and to the extent, permitted by the fish and wildlife law and applicable regulations of the department.   b. Recreational marine fishing registrations are not transferable.  No person  shall  alter,  change,  lend  to  another  person  or attempt to transfer to another person any recreational marine fishing registration.   c. A registration issued in lieu of a lost or  destroyed  registration is  void if it is obtained: (i) by fraud; or (ii) by a person who is not authorized to hold it or who makes a false statement in applying for it.   d. No registration authorizes the holder (a) to trespass upon  private lands  or  waters  or  to  interfere  with property belonging to another person; (b) to take fish or wildlife on an Indian  reservation;  (c)  to enter  upon, or to take or disturb fish or wildlife upon, state lands or waters posted by the department except  in  accordance  with  a  written permit from the department or an order adopted by the department; (d) to take  any  fish  or wildlife in any area closed to the taking of fish or wildlife, or to take any species of fish, wildlife or  protected  insect in an area closed to the taking of such species.   3.  Failure  to  carry  registration.  a. The holder of a recreational marine fishing registration shall:  (i) at all times have such registration on the holder's  person  while exercising any privilege of that registration; and  (ii)  shall exhibit such registration on demand to any police officer, peace officer, or owner, lessee or other person in control of the  lands or  waters or the designees of the owner, lessee or person in control of the lands or waters on which the registration holder is present  and  is exercising the privileges thereof.   b. Failure to have a recreational marine fishing registration on one's person   while   exercising   any  privilege  of  that  registration  is presumptive evidence that such person is  fishing  without  holding  the registration required by this section.   4.  Fees.  No applicant for a recreational marine fishing registration shall be required to pay a fee for such registration.   5.  Exemption  from  requirement  of   recreational   marine   fishing registration.  a.  Minors  under  the age of sixteen may take fish as if they held a recreational marine fishing registration.   b. Recreational fishing passengers on a marine  and  coastal  district party  or  charter  boat  licensed  and  registered  pursuant to section 13-0336 of this title may take fish  as  if  they  held  a  recreational marine fishing registration.   6. Recreational marine fishing registration data. a. The department is authorized  to  collect  data  on holders of recreational marine fishing registrations, which shall include but not be limited to, a registrant's name, address and date of birth.   b. Registration holder data collected by the department  or  available to  the  department  shall  be  confidential  and shall not be disclosed except as required to comply with section 401(g) of the Magnuson-Stevens fisheries management and conservation act (16 U.S.C. 1881),  as  may  be amended from time to time, or by court order, except that the department  may  release  or  make  public any statistics in an aggregate or summary form which does not make it possible to identify any person who  submits such  data.  The  department  may  prescribe  such  procedures as may be necessary to preserve such confidentiality.   7.  Reciprocity  in  boundary  waters. If persons holding recreational marine fishing registrations issued under the New York fish and wildlife law are not required to have licenses or registrations issued by a state named in paragraph a, b or c of this subdivision when  fishing  in  that part  of the waters, specified in such paragraph, which lies within that state then, in  such  case,  a  person  holding  a  similar  license  or registration  issued  by  such  state may, without a recreational marine fishing registration issued under the New York fish  and  wildlife  law, take  fish  as  provided  in  this  title, from that part of such waters specified in paragraph a, b or c of this subdivision which  lies  within this state:   a.  License or registration issued by Connecticut: those parts of Long Island Sound lying between New York and Connecticut.   b. License or registration issued by New Jersey: those  parts  of  New York  Harbor,  Hudson River, Kill Van Kull, Arthur Kill, Raritan Bay and Atlantic Ocean lying between New York and New Jersey.   c. License or registration issued by Rhode Island: those parts of Long Island Sound, Block Island Sound and Atlantic Ocean  lying  between  New York and Rhode Island.