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Part 78: Public Use In The Tomhannock Reservoir Cooperator Area

(Statutory authority: Environmental Conservation Law, § 11-0303, 11-0321)

Contents:

Sec.

§78.1 Applicability

The provisions of this Part shall apply to the Tomhannock Reservoir Cooperator Area in Rensselaer County ("area").

§78.2 Fishing and Fishing Permits

(a) Permits to fish in the area will be issued for a fee by the Department of Public Utilities of the City of Troy and are revocable by that department. Special permits may be issued at the discretion of the City of Troy for uses other than fishing.

(b) The ice fishing season shall extend from January 1st to March 15th each year during daylight hours only.

(c) Ice fishing is permitted only on that part of the reservoir from the dam southerly to a continuous line extending between two orange markers on either shoreline of the reservoir and on that part from the south end of the reservoir northerly to a continuous line extending between two orange markers on either shoreline of the reservoir.

§78.3 Prohibitions

(a) No person, except those authorized by the Department of Public Utilities of the City of Troy or the Department of Environmental Conservation, shall trespass, for any purpose whatsoever, in any area posted with "restricted area" signs.

(b) No person shall fish or trespass outside areas posted with restricted area signs, unless they are fishing under permit, have a special permit, or are accompanying someone who is fishing under permit.

(c) No person shall fail to carry his permit on his person when in the cooperator area, or shall fail to show his permit to a Department of Public Utilities of the City of Troy representative or other duly authorized official.

(d) No person in violation of this Part shall fail to surrender his permit upon request to the department employee or authorized official in whose presence the violation takes place. Such permittee shall immediately leave the cooperator area property and not enter thereupon until his permit is reinstated.

(e) No person shall fail to comply with all regulatory signs posted by the Department of Environmental Conservation in the area.

(f) No person shall hunt, litter, build fires, wade, swim, bathe, picnic, operate a boat except for City of Troy approved boats, or snowmobile, erect any hut, tent, or ice fishing shanty, damage or molest fences, gates, equipment, trees or other property, or disturb persons who may be working in the area.

(g) No person shall possess any cans or bottles, in the area except at a parked vehicle.

(h) No person shall deposit human excreta, refuse, or radioactive or hazardous material on or beneath the surface of the ground or water or ice at any point in the area.

(i) No person shall discharge, apply or allow any herbicide, pesticide or toxic chemical to enter into the reservoir or any watercourse in the area.

(j) No person shall take fish other than by angling during the open water-season and then only within the designated area and pursuant to a fishing permit.

(k) No person shall take fish other than by angling or tip-ups during the ice fishing season and then only within the designated area and pursuant to a fishing permit.

(l) No person shall use any chemicals such as antifreeze, salt, or petroleum products to keep ice fishing holes open.

(m) No person shall possess or use on the ice of the reservoir any power auger, other machines or mechanical devices, nor possess gasoline or other fuel.

(n) The Department of Public Utilities of the City of Troy and the Department of Environmental Conservation reserve the right to eject any person from the area for disorderly conduct, intoxication or any other behavior which endangers the general safety or health of persons in the area.

(o) Except as otherwise provided in this Part, no person in the area shall fail to comply with all applicable provisions of:

(1) the Environmental Conservation Law; and

(2) orders of the Department of Environmental Conservation with respect to open seasons, size limits and catch limits.