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Part 11: More Than One Species

[Last Amended December 10, 2014]

Contents:

Sec.

§11.1 Taking, possessing, offering or exposing for sale of American eel from the Harlem or East River

(a) The sections of the Harlem and East Rivers that are regulated by this Part are defined as follows:

(1) that part of the East River northerly from an imaginary line extending easterly from pier 4 at the foot of Broad Street, east of Battery Park, New York County, to pier 4 at the foot of Montague Street, Kings County, to the Triborough Bridge where it crosses from:

(i) Astoria (Queens County) over Hell Gate to Wards Island;

(ii) Wards Island over Little Hell Gate to Randalls Island; and

(iii) Randalls Island over Harlem River to Manhattan, New York County; and

(2) that part of the Harlem River from the Triborough Bridge where it crosses from:

(i) Randalls Island over Harlem River to Manhattan, New York County; and

(ii) Randalls Island over the Bronx Kill to The Bronx, Bronx County, northerly and westerly to the Hudson River at the Amtrak railroad bridge over the Spuyten Duyvil part of the Harlem River west of the Henry Hudson Parkway toll bridge.

(b) The taking, possessing, sale or exposure for sale of American eel from the Harlem or East River is prohibited, except that American eels may be possessed only when total length is between 9 and 14 inches, for use or sale as bait.

(c) American eels unintentionally taken in violation of subdivision (b) of this section must be returned to the water at once without unnecessary injury.

§11.2 Taking, possessing, sale, offering or exposing for sale or trafficking in certain Hudson River and Delaware River fish

(a) No person shall possess fish, either dead or alive, while on the waters or shores of the Hudson River or its tributaries upstream from the river to the first falls or barrier impassable by fish, from the Federal Dam at Troy upstream to Bakers Falls in the Village of Hudson Falls, except that bait fish as described in section 11-1315 of the Environmental Conservation Law may be possessed for use a fish bait. Use or possession of alewife of blueback herring as fish bait upstream of Lock C-4 and its associated dam near Stillwater is prohibited. Angling and the use of tip-ups are provided in Part 10 of this Title, is permitted in these waters provided that all fish caught are immediately released without unnecessary injury.

(b) In the Hudson River, and its tributary waters upstream from the river to the first falls or barrier impassable by fish, from the Federal Dam at Troy south to the Battery, New York City, no person may:

(1) take or possess American eel, except when greater than 9 inches in length and less than 14 inches in length, for use as bait or for sale as bait;

(2) fish commercially for black crappie, brown bullhead, common carp (except for cut bait), goldfish (except for sale as ornamentals), pumpkinseed, white catfish or white perch (except for bait). For the purposes of this section, fish commercially means either: the possession, setting, tending, operating or maintaining of nets or other devices for which a license is required pursuant to section 11-1503 of the Environmental Conservation Law; or the sale, offering for sale, exposing for sale or transporting of such fish other than in the boat in which such fish were landed after being taken; or

(3) take or possess Atlantic sturgeon at any time.

(4) Take or possess American shad in the Hudson River and its tributary waters upstream from the river to the first falls or barrier impassable by fish, from the Federal Dam at Troy south to the Governor Malcolm Wilson Tappan Zee Bridge, and the Marine and Coastal District at any time.

(c) Fish unintentionally taken in violation of paragraph (b)(1) or (2) of this section must be returned to the water at once without any unnecessary injury, except that fish taken in gill nets need not be returned to the water but must not be bought, sold or trafficked in. For purposes of this section, trafficked in includes possession or transportation in any boat or vehicle other than the boat in which such fish were landed after being taken.

(d) Possession and sale of Atlantic sturgeon.

(1) Any Atlantic sturgeon inadvertently taken in New York must be returned to the water immediately without unnecessary injury.

(2) It is unlawful for any person to sell, import, traffic in or possess Atlantic sturgeon or Atlantic sturgeon products in New York.

(3) Any person violating any provision of these regulations may be subject to license revocation as provided in Part 175 of this Title.

(e) Possession and sale of American shad in the Hudson River, and its tributary waters upstream from the river to the first falls or barrier impassable by fish, from the Federal Dam at Troy south to the Governor Malcolm Wilson Tappan Zee Bridge, and the Marine and Coastal District.

(1) Any American shad inadvertently taken in the Hudson River, and its tributary waters upstream from the river to the first falls or barrier impassable by fish, from the Federal Dam at Troy south to the Governor Malcolm Wilson Tappan Zee Bridge, and the Marine and Coastal District must be returned to the water immediately without unnecessary injury.

(2) It is unlawful for any person to sell, import, traffic in or possess American shad in New York except that fish from other than New York waters that are accompanied by a bill of lading or sale denoting the State of origin.

(3) Any person violating any provision of this subdivision may be subject to license revocation as provided in Part 175 of this Title as well as other applicable penalties as set forth in law.

(f) In the Delaware River, and its tributary waters upstream from Port Jervis, no person may fish commercially for American shad or anadromous river herring (alewife and blueback herring) as defined in Part 10 of this Title at any time. For the purposes of this paragraph, fish commercially means either: the possession, setting, tending, operating or maintaining of nets or other devices for which a license is required pursuant to section 11-1503 of the Environmental Conservation Law; or the sale, offering for sale, exposing for sale or transporting of such fish other than in the boat in which such fish were landed after being taken.

§11.3 Possession and sale of striped bass

(a) Definitions. For purposes of this section:

(1) Hudson River means the Hudson River from the George Washington Bridge in New York City to the Federal Dam at Troy, and tributary waters of that section of the river from the tributary's mouth upstream to the first falls or other barrier impassable to fish; and

(2) Land means the setting, placing or putting on shore of striped bass from any boat or vessel, and the transporting of striped bass by vessel to any port, docking place or shore front.

(b) Except as provided in this section, and Parts 10 and 40 of this Chapter, striped bass (Morone saxatilis) may not be possessed, purchased, sold, traded or bartered or offered or exposed for purchase, sale, trade or barter.

(c) Striped bass inadvertently taken in violation of this section must be returned to the water immediately and without unnecessary injury, except that striped bass taken in gill nets on the Hudson River need not be immediately returned, but they shall not be landed, bought, sold or otherwise trafficked in.

(d) Nothing in this section will be deemed to prohibit the lawful transportation through the State of striped bass lawfully taken from waters outside the State to other states, provided that such fish remain packaged in their original unopened container and written documentation of their origin and destination accompanies such container.

(e)

(1) The Department of Environmental Conservation may permit sale of striped bass from marine hatcheries permitted pursuant to Part 48 of this Title, provided that such fish are tagged in a manner acceptable to the department.

(2) The department may permit the importation and sale of striped bass from hatcheries located outside the State provided that the hatchery or jurisdiction within which such hatchery is located has in place a tagging system acceptable to the department.

(f) Possession of striped bass in establishments where fish are sold or offered for sale (including wholesale establishments, retail establishments and restaurants) shall be presumptive evidence of intent to sell, trade or barter such striped bass except where such striped bass are tagged or identified as provided in subdivision (d) or (e) of this section.

(g) Importation and identification.

(1) The department may permit the sale of striped bass taken in another state provided that:

(i) the Department of Health certifies, based on sampling and analysis provided by such state, that such striped bass meet all standards for sale of fish in the state; and

(ii) such striped bass are tagged with serially numbered tags provided by the state of origin.

(2) It is unlawful to sell or offer for sale untagged striped bass or striped bass fillets or steaks unless the tagged carcass from which such fillets or steaks were removed is present and available for inspection. Possession of untagged striped bass or striped bass fillets or steaks without the properly tagged carcass in establishments where fish are sold or offered for sale (including wholesale establishments, retail establishments and restaurants) is presumptive evidence of intent to sell, trade or barter such striped bass.

(3) It is unlawful to reuse or alter any striped bass tag.

(4) It is unlawful to sell striped bass which are not properly tagged. Retail markets may prepare portions of legally tagged striped bass for the consumer and must retain the tagged carcass untill all portions are sold. The tag must then be removed from the rack and destroyed.