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 36.2 - Commercial fishing in lake erie and lake ontario

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person licensed to operate commercial
				  fishing gear pursuant to section
				  11-1503 of the Environmental
				  Conservation Law may take bullhead, bluegill, bowfin, burbot, carp, cisco,
				  crappie, freshwater drum, gar, gizzard shad, lake whitefish, pumpkinseed, rock
				  bass, sucker, white bass, white perch and yellow perch only. All other species
				  must be immediately returned to the water.
(b) In Lake Erie fish may be taken only in
				  fyke nets and trap nets having a mesh size not less than 11/8 inches bar
				  measure. Nets may only be set in waters having a depth greater than 24 feet or
				  four fathoms and at no time may nets be set within two miles of the mouth of
				  Cattaraugus Creek nor within seven miles of the Peace Bridge. From May 1st
				  through October 31st, nets may only be set beyond 11/2 miles of shore or
				  islands.
(c) In Lake Ontario,
				  including Chaumont Bay, the issuance of gill net licenses is restricted. No new
				  licenses will be issued. Current licenses are available only to those persons
				  who held a valid gill net license on December 31, 1986. All licenses are
				  nontransferable.
(d) The owner of a
				  boat or vessel on Lake Ontario to whom a license to use gill nets has been
				  issued, shall at all times have his or her license in plain sight aboard the
				  boat named in the said license. Gill nets licensed pursuant to section
				  11-1503 of the Environmental
				  Conservation Law and these rules for use in Lake Ontario shall not be used in
				  connection with, nor operated from, any boat other than the boat named in the
				  said license except on permission in writing from the department. Each licensee
				  shall exhibit his license when requested by an Environmental Conservation
				  officer, or by any police or peace officer in this State, or by any person
				  designated by the department.
(e)
				  Gill nets for taking fish in Lake Ontario shall measure not less than 11/8
				  inches bar measure except gill nets for taking whitefish shall measure not less
				  than 23/8 inches bar measure.
(f)
				  In Lake Ontario fyke nets and trap nets may only be set beyond one half mile of
				  shore and beyond one mile of the Niagara River. During the months of June,
				  July, August and September nets may not be set within 11/2 miles of the shore
				  between the Government Pier at the outlet of Sodus Bay and Bollerpoint, in the
				  County of Wayne.
(g) In Lake
				  Ontario, in areas where nets may be operated, pursuant to license, trap and
				  fyke nets shall have a mesh of not less than 11/8 inches, bar
				  measure.
(h) Except in Chaumont Bay
				  or elsewhere as permitted by the department, nets are prohibited at all times
				  in the bays and harbors of Lake Ontario.
(i) At all times nets are prohibited in the
				  waters of Henderson Bay and the surrounding area bounded as follows: By a line
				  drawn from Horse Island Lighthouse to a point one mile from the most
				  northeasterly point of Galloo Island, thence around the northerly side of
				  Galloo Island and one mile from the shore thereof and extending to a point one
				  mile from the most southwesterly point of Galloo Island, thence in a straight
				  line to a point one mile south of the Ellisburg- Henderson town line, thence
				  along the shore of Lake Ontario and Henderson Bay to the nearest point on the
				  mainland opposite Horse Island Lighthouse, and thence to Horse Island
				  Lighthouse, the place of beginning.
(j) The Chaumont Bay area means the waters of
				  Lake Ontario in Jefferson County within one half mile of the shores, between
				  Horse Island in the Town of Hounsfield and Tibbet's Light in the Town of Cape
				  Vincent including all the waters of Black River Bay, Chaumont Bay, Chaumont
				  River west of Depauville, and the waters within one half mile of the shores of
				  Grenadier and Fox Islands. Fish named in subdivision (a) of this section may be
				  taken from September 15th through May 15th or other dates as specified by
				  department regulation subject to the following provisions:
(1) Nets shall not be used in Mud Bay, except
				  to take bait fish.
(2) Licensed
				  nets set in the Chaumont Bay area shall be visited and all fish removed there
				  from at least once in each 48 hours.
(3) For any year in which the department
				  finds that cold weather has delayed the deployment of trap and fyke nets by
				  persons licensed to use such nets, the department may extend the season during
				  which such nets may be used, but not beyond the Friday preceding the Memorial
				  Day holiday. Prior written notice of such extension shall be provided to all
				  license holders and shall also be provided by press release and any other means
				  that the department finds is likely to reach the affected public.