2023 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.