New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter F - MARINE FISHERIES › Part 40 - Marine Fish › Section 40.6 - Coastal sharks-open seasons, size and catch limits

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Purpose of this section.
It is the intent of this section to promote the prudent
					 management of coastal sharks that are landed in the State of New York. The
					 provisions of this section shall define which sharks may be taken for
					 commercial and recreational purposes and which sharks are prohibited from
					 harvest. Size limits, possession limits, manner of taking and landing, gear
					 restrictions open and closed seasons will also be specified in this section.
					 The provisions in this section are designed to promote healthy self-sustaining
					 populations of coastal sharks and provide for the sustainable use of the shark
					 resource for the benefit of the residents of the State of New
					 York.
(b)
Definitions.
For the purposes of this section, the following definitions
					 apply:
(1)
Circle
				  hook
means a fishing hook originally designed and manufactured so that
				  the point is turned perpendicularly back to the shank to form a generally
				  circular, or oval, shape.
(2)
Eviscerate
means to remove the alimentary organs of a shark
				  without removing the head.
(3)
Finning
means the removal of a fin or fins, other than the
				  caudal fin, and not retaining the remainder of the shark's carcass (as
				  specified in Environmental Conservational Law [ECL] section
				  13-0338[1][b]).
(4)
'Fork
				  length (FL)'
means that length measured in a straight line from the
				  tip of the nose snout of the shark to the end of the middle caudal fin to the
				  center of the fork of the tail of the shark.
(5)
Handline
means a main
				  line to which not more than two gangions or hooks are attached. A handline is
				  not retrieved by mechanical means and must be attached to, or in contact, with
				  the vessel.
(6)
Land
or
landed
means the bringing of fish to
				  shore or the transfer of the catch of fish taken from a vessel to any other
				  vessel or in-water storage facility or to the land or to any pier, wharf, dock
				  or other similar structure. When a vessel bearing fish has been tied, moored,
				  or made fast to the land, to another vessel, to an in-water storage facility or
				  to any pier, wharf, dock or similar structure, such fish shall be deemed as
				  landed.
(7)
Large mesh
				  gillnet
means a gillnet having a stretched mesh size equal to or
				  greater than five inches.
(8)
Recreational angler
means any person engaged in fishing for
				  sharks for personal use.
(9)
Shore angler
means any person engaged in any type of fishing
				  that does not take place aboard a vessel.
(10)
Shortline
means a
				  fishing line having 50 or fewer hooks and measuring less than 500 yards in
				  total length.
(11)
Small
				  mesh gillnet
means a gillnet having a stretched mesh size less than
				  five inches.
(12)
Vessel
means every type of watercraft used or capable of being
				  used as a means of transportation on water except non-displacement craft and
				  seaplanes.
(13)
Vessel
				  fishing
means any fishing conducted from a vessel.