NY Env Conserv L § 13-0343 (2021)
2021 New York Laws ENV - Environmental Conservation Article 13 - Marine and Coastal Resources Title 3 - Marine Fisheries 13-0343 - Nets Other Than Trawls; Restrictions on Use of Nets and Trawls.

§ 13-0343. Nets  other  than  trawls;  restrictions  on  use of nets and              trawls.   1. Nets other than trawls shall not be placed, maintained or  used  in any  of  the  following waters except: (a) as permitted by this section; (b) landing nets may be used in completing the catch of fish  hooked  by angling;  and  (c)  cast nets, not in excess of twenty feet in diameter, operated by hand may be  used  to  take  Atlantic  menhaden  (Brevoortia tyrannus)  and  mullets  (Mugil  spp), except in the waters described in subdivisions four, eight and twelve of this section.  The  use  of  cast nets shall be limited to one per boat.   2.  In  the  waters  of  the marine district in the county of Richmond purse seines may not be used to take menhaden; and nets of not more than ten feet in length, operated by hand, may be used to  take  minnows  and shrimp for bait.   3.  In  the  Harlem  River  and  the  East River east of the Robert F. Kennedy Bridge and in Long Island  Sound  west  of  a  line  drawn  from Hewlett's  (King's) Point to the north end of Hart Island, thence to the south end of Glen Island, and in their adjacent bays, coves, creeks  and confluent  waters,  only such nets as are used to take lobsters or crabs may be used.   4. In the Nissequogue River fish may be taken by angling  only  except that nets of not more than twenty feet in length and four feet in depth, operated  by  hand,  may be used to take bait fish during daylight hours only.   5. a. In the inland tidal waters within  the  town  of  Hempstead,  no person  shall  at  any  time  engage  in eel dredging by the use of nets accompanied by cutting boards, chains or other similar devices.   b. In the inland tidal waters within the town of Hempstead westerly of the Wantagh State Parkway causeway, nets shall not be used except  nets, not over forty feet long and four feet deep, may be used to take minnows or shrimp for bait.   6.  In  Jamaica  Bay  and its adjacent creeks, inlets and basins, nets shall not be used inshore of a line from the beacon  at  Rockaway  Point jetty  to the municipal bath houses on Coney Island, except that minnows and shrimp may be taken by hand nets not over forty feet long  and  four feet  deep  and  except  that  nets  other  than trawls may be used from October 10 to December 31 in that part of such area southerly of a  line from  the  lighted beacon at Manhattan Beach to the most southerly point on Barren Island and  westerly  of  the  Marine  Parkway  bridge  across Rockaway Inlet.   7. In Gravesend Bay, and in the Atlantic Ocean within one-half mile of the  shore  from  Norton's  point  to the municipal bath houses on Coney Island and within one-half mile of the shore  from  the  Rockaway  Inlet jetty  at  Rockaway  Point  to  the  East Rockaway Inlet jetty at Silver Point, nets shall not be used except as follows:   a. To take minnows or shrimp for bait, hand nets not more  than  forty feet long and four feet deep.   b. To take eels, spears and eel weirs.   c. To take menhaden, vessels of forty tons or less register using nets other  than  trawls,  except  where prohibited by subdivision 13 of this section.   8. In the Carmans river, Suffolk county.   a. Nets shall not be used in the river north of a  line  running  from the  most  southerly point of land within the Wertheim National Wildlife Refuge on the western shore of the river easterly to the point where the southern boundary of the refuge meets the eastern shore of the river.   b. Eel pots shall not be used north of the point where Beaver Dam road (Brookhaven avenue) meets the river. Between the point where Beaver  Dam  road  meets  the  river  and  the  line described in paragraph a of this subdivision eel pots may be used only to take eels.   9.  In  Jones'  Inlet,  nets,  except haul seines of not more than one hundred twenty feet in length and six feet in depth used  to  take  bait fish  or crustacea, shall not be used inshore from an east and west line drawn from a point one-half mile  southerly  of  the  municipal  bathing pavilion  at  Point  Lookout,  thence  easterly to a point one-half mile southerly of the Short Beach Coast Guard tower. The inshore boundary  of the  Jones' Inlet area closed to certain netting shall be the bridges of the Loop and Meadowbrook Parkway.   10. In Fire Island Inlet, nets, except during the period of time  from April  first  through  May thirty-first haul seines of not more than one hundred seventy-five feet in length and twenty feet  in  depth  used  to take  bait  fish or crustacea, shall not be used inshore of a line drawn from the sea end of the government jetty at Democrat Point to  the  town of  Babylon bathing pavilion at Cedar Island Beach. The inshore boundary of the Fire Island Inlet area closed to certain  netting  shall  be  the Robert Moses bridge to Fire Island.   11.  Nets shall not be used in Moriches inlet, Shinnecock Inlet and in Mecox Inlet nor in the Atlantic Ocean within one-half mile of the shores thereof for a distance of one-half mile measured east and west along the beach from the east and west shores of the  seaward  entrances  to  such inlets.  The  department,  for  law  enforcement  purposes,  may  in its discretion erect suitable markers on the beach at the limit points.   12. In the Connetquoit River nets shall not be used.   13. In the waters of the Atlantic Ocean and Fire  Island  Inlet,  nets shall not be used within one thousand feet of the beach between Rockaway Inlet  Jetty  at  Rockaway  Point  and  the headland extending into Fire Island Inlet known as the "sore thumb".   14. In the county of Suffolk.   a. In the waters lying westerly of an imaginary line  extending  in  a general  southerly  direction  from Leaves Point in Southold town to Hay Beach Point in Shelter  Island,  and  a  line  extending  in  a  general northeasterly  direction from Mashomack Point in Shelter Island to Cedar Point at the eastern entrance to Sag Harbor.  (1) haul seines shall not be used measuring  over  one  hundred  fifty fathoms  in  length,  attached to which may be two wings, each measuring not more than one hundred fifty fathoms in length with a stretched  mesh size including knot of not less than three and one-quarter inches in one wing and three and one-half inches in the other wing;  (2)  the  use  of  haul seines is prohibited from midnight Thursday to 6:00 P.M. Sunday.  (3) when permitted by the commissioner, pound or trap nets may be used in the waters described in paragraph a of this subdivision provided they do not interfere with or obstruct navigation  or  the  carrying  out  of shellfish  culture  as  provided in this chapter. Any such pound or trap nets shall be marked in accordance with requirements prescribed  by  the commissioner.   b.  Waste  fish  shall  not be left on shore or within the waters five hundred feet from shore.   15. a. Nets shall not  be  used  in  Long  Island  sound  west  of  an imaginary  line  from  the  New  York-Connecticut  boundary  shore  line extending easterly and southerly to Eaton's Point Neck  on  Long  Island from  April 1 to November 1, nor at any time in the waters of Huntington Bay,  Lloyd  Harbor,  Northport  Bay  or  Coldspring  Harbor;  provided, however,  that  hand nets not more than forty feet long and four feet in width may be used to take minnows and shrimp for bait, at any time.    b. Gill nets shall not be used in Long Island  Sound  or  in  harbors, bays  or  other  waters  adjacent  thereto  west  of  an  imaginary line extending north from the easterly boundary of the town of Brookhaven  on the  north  shore  of  Long Island in the county of Suffolk. However, as permitted  under  subdivision  ten of section 13-0329 of this chapter, a holder of a commercial lobster license may use no more than one gill net not longer than three hundred feet with a stretched  mesh  size  between three  and  one-half inches and four and one-quarter inches to take bait fish between April 1 and November 15 during each weekly period beginning 6:00 p.m., Sunday, through 9:00 a.m. Friday,  providing  that  each  net will  be  buoyed  on  each  end  and  identified  with  the  permittee's commercial lobster license number. The net shall be fished with the  top not less than four feet below the surface of the water.   16.  Unless  permitted  by  statute,  or  licensed or permitted by the department, nets shall not be possessed by any person in or on waters of the marine district, in the following instances:   a. Nets of metallic fabric shall not be possessed in or on any  waters or within one-half mile thereof;   b.  In  waters  where  use of trawls is prohibited by section 13-0341, such trawls shall not be possessed in the  waters  where  their  use  is prohibited, or during any time when such use is so prohibited;   c. In waters where use of nets other than trawls, or use of trawls; is prohibited  by this section, the nets, or trawls, as the case may be, or nets of the kind or kinds prohibited, shall  not  be  possessed  in  the waters where their use is prohibited or during any time when such use is prohibited,  except  that  where  a  provision of this section expressly specifies a lesser distance  from  the  water  in  which  possession  is prohibited, this section does not enlarge the distance from the water in which such possession is prohibited.   d.  Nothing  in  this  subdivision  shall  be construed as prohibiting commercial fishing vessels sailing to or from offshore  fishing  grounds from  carrying  on  board  fishing gear that may legally be used in such offshore waters even though they must pass through waters where the  use of such gear is otherwise prohibited.   17.  Within  three nautical miles of the Atlantic coastline and in all other tidal waters within the state, the use of purse seines for  taking food fish is prohibited.   18. Nets and seines measuring more than twenty-five feet in length and four feet in depth shall not be used in the waters of Oyster Bay Harbor.   19.  a. Gill or trammel nets set or operated in the marine and coastal district shall be marked at each end with an orange flag at least twelve inches square attached to a mast rising above the surface of  the  water at least five feet. Nets operated after dark shall have orange and white reflective  tape  attached  to  the  mast  for a minimum one foot length immediately below the flag.   b. No gill or trammel net shall be set or operated in the  marine  and coastal district within one thousand feet of a pound or trap net.   c.  Except  in  the  waters  of the Atlantic Ocean, Long Island Sound, Tiana Bay, Shinnecock Bay, Mecox Bay,  Quantuck  Bay,  that  portion  of Moriches  Bay within the town of Southampton, and the marine and coastal waters lying easterly of  an  imaginary  line  extending  in  a  general southerly  direction  from  Cleaves Point in the town of Southold to Hay Beach Point in Shelter  Island,  and  a  line  extending  in  a  general northeasterly  direction from Mashomack Point in Shelter Island to Cedar Point at the eastern entrance to Sag Harbor,  no  gill  or  trammel  net shall  be  set  in  the  waters  of the marine and coastal district from sunset Friday to sunrise Monday during the period from  April  first  to November first.    d.  Gill  or  trammel  nets set or operated in the waters of the Great South Bay shall not exceed twelve hundred feet in length. In addition to the requirements in  paragraph  a  of  this  subdivision,  nets  set  or operated  in  the Great South Bay shall display surface markers at least every  one  hundred  feet.  No  gill  or trammel net shall be set in the waters of the Great South Bay from May  first  until  May  thirty-first, inclusive.  For  the purposes of this subdivision, Great South Bay shall mean the waters extending east from Wantagh State Parkway to  the  Smith Point Bridge and southwest to the Robert Moses Inlet Bridge.   e.  Those  gill and trammel nets set in the waters of the Hudson River in accordance with section 11-1511 of this chapter shall be exempt  from the provisions of this subdivision.   f.  The  use  of  gill  or trammel nets for the taking of blackfish is prohibited.