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Part 19: Use Of Bait

[Last amended September 5, 2012]

Contents:

Sec.

§19.1 Definition of baits and bait fish

The definitions contained in this section shall apply to Chapter I (Fish and Wildlife) of this Title, involving the taking of fish from the waters of the State of New York other than in the marine and coastal district.

(a) Definition of baits

(1) Artificial lures or bait shall mean manmade flies, spinners, spoons, plugs, jigs and other lures, even though there may be some natural substances contained in such lures as, but not limited to, deer hair and feathers, and artificial imitations of natural bait.

(2) Natural bait shall mean all baits which entice or might be ingested or swallowed by fish including, but not limited to, fish (dead or alive), fish eggs, worms, shellfish, crustacea, amphibians (salamanders, frogs and toads), insects (including all stages of development as larvae, pupae, etc.), pork rinds, liver, meat, corn or other vegetable matter, tapioca, candy, cheese, bread and putty or dough-like scented baits.

(3) Artificial fly means a hook with no more than two points dressed with feathers, hair, thread, tinsel or any similar material to which no hooks, spinners, spoons or similar devices have been added.

(b) Bait fish shall mean those fish listed in subdivision (a) of section 19.2 of this Part.

(c) Fish as bait shall mean fish used as bait, other than those listed in subdivision (a) of section 19.2 of this Part.

§19.2 Use of fish for bait in the waters of the State of New York

This section shall apply to the waters of the State except the marine and coastal district.

(a) Except as provided for in subdivisions (c) and (d) of this section, the following fish, or parts thereof, provided they meet the fish health inspection requirements as contained in Part 188 of this Title, may be used as bait for fishing in the waters of the State, except as otherwise prohibited by section 10.6 of Part 10 of this Chapter or any other provision of law or regulation:

(1) Golden shiner (Notemigonus crysoleucas).

(2) Emerald shiner (Notropis atherinoides).

(3) Fathead minnow (Pimephales promelas).

(4) Bluntnose minnow (Pimephales notatus).

(5) Spottail shiner (Notropis hudsonius).

(6) Creek chub (Semotilus atromaculatus).

(7) White sucker (Catostomus commersonii).

(8) Common shiner (Luxilus cornutus).

(9) Blacknose dace (Rhinichthys atratulus).

(10) Longnose dace (Rhinichthys cataractae).

(11) Northern hogsucker (Hypentelium nigricans).

(12) Fallfish (Semotilus corporalis).

(13) Northern redbelly dace (Phoxinus eos).

(14) Logperch (Percina caprodes).

(15) Banded killifish (Fundulus diaphanus).

(16) Eastern silvery minnow (Hybognathus regius).

(b) Except as provided for in subdivisions (c) and (d) of this section, the following fish, or parts thereof, provided they meet the fish health inspection requirements as contained in Part 188 of this Title, shall not be used as bait for fishing except in the waters and their tributaries up to the first barrier impassable by fish as identified in this subdivision:

(1) Landlocked Alewife (Alosa pseudoharengus), as defined in Section 10.10 of this Title: Canandaigua Lake; Cannonsville Reservoir; Cayuga Lake; Cayuta Lake; Conesus Lake; Hemlock Lake; Canadice Lake; Waneta Lake; Keuka Lake; Otsego Lake; Otisco Lake; Owasco Lake; Lake Ontario; Lake Erie; Lamoka Lake; Pepacton Reservoir; Seneca Lake; St. Lawrence River; Niagara River; and all inland land-locked waters in Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster and Westchester Counties).

(2) Rainbow smelt (Osmerus mordax): Canandaigua Lake; Cayuga Lake; Cayuta Lake; Hemlock Lake; Canadice Lake; Honeoye Lake; Conesus Lake; First, Second, Third, Fourth, and Fifth Lakes of the Fulton Chain; Keuka Lake; Owasco Lake; Lake Champlain; Lamoka Lake; Lake Ontario; Lake Erie; Seneca Lake; Star Lake (St. Lawrence County); Waneta Lake; the St. Lawrence River; and the Niagara River.

(3) Mummichog (Fundulus heteroclitus): Hudson River downstream from the Federal Dam at Troy to the Battery at the southern tip of Manhattan Island; and all waters in Nassau and Suffolk Counties.

(4) Atlantic menhaden ("Brevoortia tyrannus"): Hudson River downstream from the Federal Dam at Troy to the Battery at the southern tip of Manhattan Island.

(5) American eel (Anguilla rostrata): Delaware River, 6 inch minimum size limit; and the Hudson River downstream from the Federal Dam at Troy to the Battery at the southern tip of Manhattan Island, between 6 and 14 inches.

(6) Anadromous river herring (alewife and blueback herring), as defined in Part 10 of this Title: Hudson River and the Hudson River tributaries and embayments as defined in Part 10 of this Title, except for the Hudson River and tributaries north of the Federal Dam at Troy NY.

(c) Any fish, or parts thereof, legally taken on a water body of the State may be possessed and used as bait on that same water body, in accordance with the provisions of paragraph (f) of section 10.1 of Part 10 of this Chapter, except as otherwise prohibited by section 10.6 of Part 10 of this Chapter or any other provision of law or regulation.

(d) Any dead fish, or parts thereof excluding eggs, that are packaged for commercial purposes, and preserved by any method other than by freezing only, may be possessed, sold, offered for sale, bartered and transported overland and may be used as bait, except as prohibited by section 10.6 of Part 10 of this Chapter or any other provision of law or regulation. Each package of dead bait fish shall be individually labeled, identifying the name of the packager-processor, the name of fish species, the quantity of fish packaged, and means of preservation.

§19.3 Use of bait fish

No person shall use fish as bait for angling in the waters of the State, other than in the marine and coastal district, except as provided in section 19.2 of this Part.