NY Env Conserv L § 11-1315 (2021)
2021 New York Laws ENV - Environmental Conservation Article 11 - Fish and Wildlife Title 13 - Fishing 11-1315 - Taking and Sale of Bait Fish.

§ 11-1315. Taking and sale of bait fish.   1.  a.  Except  as provided in subdivision 2, no person, without first obtaining the appropriate license from the department,  shall  take  for sale  as  bait,  nor  sell  as  bait the following fish: minnows (family Cyprinidae), except carp or goldfish; top minnows or  killifish  (family Cyprinodontidae);   mudminnows   (family   Umbridae);   darters  (family Estheostomidae);  sticklebacks  (genus  Eucalia);  tadpole  stone   cats (genera  Noturus  and  Schilbeodes); smelt or ice fish (Osmerus mordax); alewives, saw bellies or blueback herring  (family  Clupeidae);  suckers (family Catostomidae).   b.  Fish taken pursuant to such license shall be used only for bait in hook and line fishing. All carp, goldfish, and  lamprey  larvae  (family Petromyzonidae) taken in nets operated pursuant to such license shall be destroyed immediately.   2.  No license under this section is required to take for sale as bait or to sell as bait any marine  species  of  fish  taken  in  the  marine district. A minor under the age of sixteen years may, without a license, sell as bait such of the fish listed in subdivision 1 as he has lawfully taken by angling.   3.  Bait fish named in subdivision 1, when otherwise permitted by law, may be taken for use or sale as bait by:   a. angling,   b. nets when permitted by subdivisions 4 and 5 of this section, or   c. stunning in the  case  of  tadpole  stone  cats.  "Stunning"  means tapping a stone with implement or other stone.   4.  a. Fish named in subdivision 1, taken for use as bait for personal use and not for sale, may be taken:  (1) in waters not inhabited by trout, by means of a seine or scap  net not larger than thirty-six square feet, and  (2)  in  any  waters of the state by means of a glass, plastic or wire trap not more than twenty inches in length, having no wings  or  leaders and  having  an  entrance not larger than one inch in diameter, and such trap shall bear legibly at all times when in  the  water  the  name  and address of the operator.   b. In Keuka Lake, Canandaigua Lake, Cayuga Lake, Seneca Lake, Canadice Lake and Hemlock Lake, alewives or sawbellies taken for such purpose may also  be  taken by gill nets measuring not more than twenty-five feet in length, having a mesh not larger than one inch.   c. Nets for taking bait fish shall  not  be  hauled  after  sunset  or before sunrise, except as permitted by the department.   d.  Fish  named in subdivision 1 may be taken for personal use or sale as bait under license from the department in the waters  of  the  Hudson river by means of cast nets not exceeding ten feet in diameter.   5.  Fish  named in subdivision 1, taken for sale as bait under license from the department, may be taken by the types of nets specified in such license. In issuing such licenses the department may permit the  use  of nets  of  metallic  or  plastic  mesh, notwithstanding the definition of "net" as contained in section 11-0103 of the Fish and Wildlife Law.   6. a. Carp, goldfish, and lamprey larvae (family Petromyzonidae) shall not be used as bait or sold for bait.   b. No person shall take smelt for bait from Upper  and  Lower  Saranac lakes or Lake Champlain, except by angling.   c.  Nets  and traps for the taking of bait fish shall not be placed or operated within one hundred feet of any dock, pier, or boat  landing  on the St. Lawrence River without the consent of the owner.   7.  The  license provided for in subdivision 1 shall be issued only to residents of this state and to residents of a state in  which  residents  of this state may be licensed, or are permitted without license, to take such fish for sale as bait.   8.  This  section  does not supersede any provision of section 13-0343 restricting the use of nets in certain waters of the marine district  or subdivision 2 of section 11-1307.