New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter E - COMMERCIAL INLAND FISHERIES › Part 36 - Gear And Operation Of Gear › Section 36.3 - Commercial fishing in the hudson river

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Anadromous river herring (alewife and
				  blueback herring), may be taken with nets in the Hudson River from March 15th
				  to June 15th. This subdivision is subject to additional emergency restrictions
				  of the department pursuant to section
				  11-0315 of the Environmental
				  Conservation Law. For the purposes of this subdivision, anadromous river
				  herring, Hudson River, Hudson River tributary and Hudson River embayment shall
				  have the same meaning as defined in Part 10 of this Title.
(b) No net shall be staked, anchored or
				  otherwise fixed in position in the waters of the Hudson River within 1,500 feet
				  upriver or downriver of any other licensee's net. No net shall exceed 600 feet
				  in length.
(c) In the Hudson River
				  south of the Federal Dam at Troy fish may only be taken with gill nets, trap
				  nets, fyke nets, hoop nets, seines, minnow nets, stake stop nets, scoop, scap
				  and dip nets subject to the following provisions:
(1) Seasonal restrictions. During the period
				  December 1st--March 14th, both dates inclusive, no person shall set, place,
				  possess or draw a net of any kind in or on that section of the Hudson River
				  between the Troy Dam and the George Washington Bridge.
(2) Restricted areas. From March 15th to June
				  15th, both dates inclusive:
(i) No nets of
				  any kind shall be set, placed, drawn or in any way used on the shoals or flats
				  in the Hudson River known as "The Flats" beginning at the red buoy north of
				  Kingston point and continuing in a northerly direction to the red buoy opposite
				  the Village of Barrytown or in any Hudson River tributary or
				  embayment.
(ii) No gill nets shall
				  be possessed in or on that section of the Hudson River between the Federal dam
				  at Troy and the Castleton-on-Hudson (Interstate 90 spur and railroad)
				  bridges.
(iii) Gill nets having a
				  stretched mesh of a maximum of 31/2 inches stretched mesh, inside measure,
				  through the net, may be possessed and used in or on that section of the Hudson
				  River between the Castleton-on-Hudson (Interstate 90 spur and railroad) bridges
				  and the George Washington Bridge.
(iv) No person shall set a gill net other
				  than a drift gill net in the waters of the Hudson River lying between the Bear
				  Mountain Bridge and the Castleton-on-Hudson (Interstate 90 spur and railroad)
				  bridges nor possess any gill net other than a drift gill net while on the
				  shores or waters of that portion of the Hudson River. For the purposes of this
				  subdivision a drift gill net is defined as a gill net that is not anchored or
				  staked and is free to move with water currents.
(v) Prior to entering a Hudson River
				  tributary or embayment, all licensed gear must be stowed in a secured container
				  on deck or in a container below deck.
(3) Mesh restrictions. From March 15th
				  through June 15th:
(i) gill nets having a
				  maximum of 31/2 inches stretched mesh, inside measure, through the net, may be
				  used to take river herring (alewife or blueback herring). Any American shad
				  taken must be immediately returned to the water.
(4) Escapement period. During the anadromous
				  river herring (alewife and blueback herring) season, from March 15th to June
				  15th, both dates inclusive, no nets shall be set, placed or drawn or allowed to
				  remain in, or possessed on the waters of the Hudson River below the dam at Troy
				  between 6 a.m. prevailing time on Friday and 6 p.m. prevailing time on the
				  following Saturday.
(5) Gear
				  limits. In the Hudson River from the Bear Mountain Bridge north to the
				  Castleton-on-Hudson (Interstate 90 spur and railroad) bridges, the permittee
				  shall be in immediate attendance while fishing any gill net.
(6) Atlantic tomcod. Atlantic tomcod may be
				  taken from November 1st through March 1st by trap or fyke net and from November
				  1st through November 30th by gill net.
(7) Operation of licensed nets at night. Nets
				  that have been duly licensed may be operated between 1/2 hour before sunrise
				  and sunset in the Hudson River south of the barrier dam at Troy to the Bear
				  Mountain Bridge, except as restricted by paragraphs (1) and (5) of this
				  subdivision.