Printer-friendlyPart 10 - Sportfishing Regulations, Part 35 - Licenses and Part - 36 Gear and Operation of Gear - Express Terms
Express Terms
Statutory authority: Environmental Conservation Law, sections 11-0303,11-0305, 11-0315, 11-0317, 11-0319, 11-1301, 11-1303 and 11-1305
Amendment of Part 10 of Title 6 NYCRR.
Part 10 of Title 6 of the Official Compilation of New York Codes, Rules and Regulations, entitled "Sportfishing Regulations" is amended as follows:
(Section 10.1(a) through paragraph 10.1(b)(12) remains unchanged)
Subdivision 10.1.(b)(13) is amended to read as follows:
(b) "Table A. Sportfishing regulations"
| Species | Open Season | Minimum length | Daily limit | |
|---|---|---|---|---|
| (13) |
American shad-in the Hudson River and tributaries north of the George Washington Bridge American shad - all other inland waters |
Catch and release only | ||
| All year | Any size | 6 | ||
(Section 10.2 through Section 10.9 remain unchanged)
Amendment of Part 35 of Title 6 NYCRR.
Part 35 of Title 6 of the Official Compilation of New York Codes, Rules and Regulations, entitled "Licenses" is amended as follows:
Paragraph 35.1.(a) is amended to read as follows:
| Gear or operation | Residents | Nonresidents of the State |
|---|---|---|
| Scoop, Dip and Scap Nets 10 feet square or under | $1.00 | $3.00 |
| Scoop, Dip and Scap Nets Over 10 feet square | 2.00 | 6.00 |
| Fyke Nets In Lakes Erie and Ontario | 15.00 | 30.00 |
| Fyke Nets In Hudson River 1- to 3-foot hoop | 1.00 | 3.00 |
| Fyke Nets In Hudson River Over 3-foot hoop | 2.00 | 6.00 |
| Fyke Nets Elsewhere 1- to 3-foot hoop | 2.00 | 3.00 |
| Fyke Nets Elsewhere Over 3-foot hoop | 3.00 | 6.00 |
| Seines Per lineal foot | 0.05 | 0.15 |
| Seines 100 lineal feet of stake net or part thereof | 3.00 | 9.00 |
| Gill Nets Per lineal foot | 0.05 | 0.15 |
| Gill Nets In Hudson and Delaware Rivers from March 15 to June 15, [2,000] 600 feet or under | 10.00 | 100.00 |
| Gill Nets In Chaumont Bay and waters of Jefferson County within one-half mile of the shore between Horse Island and Tibbet's Light, 2,500 feet or under | 15.00 | 45.00 |
| Trap Nets In Lakes Erie and Ontario | 20.00 | 45.00 |
| Trap Nets Elsewhere 4 feet or under | 3.00 | 12.00 |
| Trap Nets Elsewhere Over 4 feet and up to 6 feet | 5.00 | 15.00 |
| Trap Nets Elsewhere Over 6 feet and up to 8 feet | 7.00 | 21.00 |
| Trap Nets Elsewhere Over 8 feet | 10.00 | 30.00 |
| Sturgeon Line | 5.00 | 15.00 |
| Tide Line | 3.00 | 9.00 |
| Eel Pot | 0.50 | 1.50 |
| Eel Weir | 20.00 | 60.00 |
| Rowboat or sailboat in Lakes Erie and Ontario | 20.00 | 60.00 |
| 10 h.p. or under outboard motor in Lakes Erie and Ontario | 20.00 | 60.00 |
| Over 10 h.p. outboard motor in Lakes Erie and Ontario | 40.00 | 120.00 |
| Inboard motor boat under 10 tons in Lakes Erie and Ontario | 40.00 | 120.00 |
| Inboard motor boat 10 to 15 tons in Lakes Erie and Ontario | 50.00 | 150.00 |
| Inboard motor boat over 15 tons in Lakes Erie and Ontario | 60.00 | 180.00 |
Amendment of Part 36 of Title 6 NYCRR.
Part 36 of Title 6 of the Official Compilation of New York Codes, Rules and Regulations, entitled "Gear and operation of gear" is amended as follows:
Subdivision 36.1(a), paragraphs (1) through (3) remain unchanged.
Addition of paragraph 36.1 (4) reads as follows:
(4) It is unlawful for any person to take American shad for commercial purposes without having in possession either a valid gill net or shad and herring gill net Marine permit. Only one valid licensed gill net per fisher may be used to take American shad.
Section 36.2 remains unchanged.
Subdivision 36.3 (a) remains unchanged.
Subdivision 36.3 (b) is amended to read as follows:
(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 down river of any other licensee's net. No net shall exceed [1,200] 600 feet in length.
Paragraphs 36.3(c)1 through 36.3(c)7 are amended to read as follows:
(1) Seasonal restrictions. During the period December 1st--March 14th, both dates inclusive, no person shall set, place, possess or draw a [gill] net of any kind in or on that section of the Hudson River between the Troy Dam and the George Washington Bridge.
(2) Restricted [area] areas. From March 15th to June 15th, both dates inclusive:
(i) [no] 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.
(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 3 ½ 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) Gill nets having a stretched mesh equal to 5 ½ inches stretched mesh, inside measure, through the net, may be possessed and used in or on that section of the Hudson River between the Rip VanWinkle Bridge and the George Washington Bridge.
(v) 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 Beacon-Newburgh Bridge 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.
(3) Mesh restrictions. From March 15th through June 15th [gill nets with bar mesh size greater than 1 3/4 inches and less than 2 ½ inches must not be set in the Hudson River from George Washington Bridge north to the Federal Dam at Troy, nor possessed while on those waters. Gill nets of less than 1 1/8 inch bar mesh must not be used at any time except that gill nets for taking Atlantic tomcod not less than 7/8 inch bar mesh may be used.] :
(i) gill nets having a maximum of 3 ½ 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.
(ii) gill nets equal to 5 ½ inches stretched mesh, inside measure, through the net, may be used to take American shad.
(4) Escapement period. During the shad and 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; provided, however, that:
(i) fyke nets and scap nets may be set and operated at any time;
(ii) minnow nets may be set and operated to take bait fish at any time;
[(iii) seines and stake stop nets may be set and operated at any time from the Troy dam to the lighthouse at Esopus Meadows south of Kingston, except in the channel of the river.]
(iii) Shad closure. Gill nets equal to 5 ½ inches stretched mesh, inside measure, through the net, may not be set in or possessed on the waters of the Hudson River below the Rip VanWinkle Bridge to the George Washington Bridge between 6 a.m. prevailing time on Wednesday and 6 p.m. prevailing time on the following Saturday.
Paragraph 36.3.c.5 is rescinded.
[(5) Closed area. From March 15th through June 15th, 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 Beacon-Newburgh Bridge 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.]
Paragraph 36.3.c.5 is adopted to read as follows:
(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.
Paragraph 36.3.c.6 remains unchanged.
(7) Operation of licensed nets at night. Nets that have been duly licensed may be operated between [sunset and] ½ 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.
