Parts 10, 18, 19, 35, and 180 - Sportfishing Regulations, Taking Bait, Use of Bait, Licenses, and Miscellaneous Regulations - Express Terms Adopted September 10, 2008
Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR), Part 10 "Sportfishing Regulations," is amended as follows:Paragraph 10.1(b)(9) is amended to read as follows:
| (9) | Lake Whitefish | All year | Any size | 5 |
New paragraphs 10.1(c)(4) and 10.1(c)(5) are added to read as follows:
(4) No person shall possess more than one quart total of fish eggs from trout, lake trout or Atlantic salmon while on the waters of the State or the shores thereof. Fish eggs, which are still inside the carcass of an intact legally caught and possessed fish, shall not be counted towards the one quart total.
(5) No person shall take or attempt to take any fish by means of chumming with fish
eggs. For the purposes of this section, "chumming" means depositing fish eggs, not attached to a hook, in the waters of the State of New York other than in the marine and coastal district.
Existing subparagraph 10.2(a)(2)(ii) is amended to read as follows:
(ii) Table A--Special regulations for Lake Erie, Lake Ontario, Niagara River and St. Lawrence River.
| Water | Species | Open season | Minimum length | Daily limit |
|---|---|---|---|---|
| Lake Erie | Brown trout Rainbow trout (including steelhead) Coho salmon Chinook salmon Pink salmon | All year | 12" | 3 in any combination |
| Lake trout | All year | 12" | 1 | |
| Northern pike | First Saturday in May through March 15 | 22" | 5 | |
| Walleye | Statewide Angling Regulations Apply | |||
| Muskellunge and Tiger Muskellunge | Third Saturday in June through November 30 | 54" | 1 | |
| Yellow perch, Sunfish | All year | Any size | 50 of each | |
| Black bass |
First Saturday in May through Friday before Third Saturday in June | 20" | 1 |
|
| Third Saturday in June through November 30 | 12" | 5 | ||
| December 1 through the Friday preceding the first Saturday in May | Catch and Release Only; Artificial Lures Only | |||
| Lake Sturgeon | CLOSED POSSESSION PROHIBITED | |||
| Upper Niagara River | Brown trout Rainbow trout (including steelhead) Coho salmon Chinook salmon Pink salmon | All year | 12" except any size in Ellicott Creek in Amherst State Park | 3 in any combination |
| Lake trout | All year | 12" | 1 | |
| Northern pike | First Saturday in May through March 15 | 22" | 5 | |
| Walleye | Statewide Angling Regulations Apply | |||
| Muskellunge and Tiger Muskellunge | Third Saturday in June through November 30 | 48" | 1 | |
| Yellow perch, Sunfish | All year | Any size | 50 of each | |
| Black Bass North of the Peace Bridge | Statewide Angling Regulations Apply | |||
| Lake Sturgeon | CLOSED POSSESSION PROHIBITED | |||
| Lake Ontario, St. Lawrence River | Brown trout Rainbow trout (including steelhead) Coho salmon Chinook salmon Pink salmon | All year | 15" except 21" for Rainbow trout (including steelhead) | 3 in any combination not to include more than one rainbow trout (or steelhead) in the tributaries |
| Except 9" in Irondequoit Creek (entire), Lindsey Creek, Skinner Creek (Oswego and Jefferson Counties) and the Black River (Jefferson County) | ||||
| Lake trout | January 1 through September 30 | None | 2 except no more than 1 shall be between 25" and 30" | |
| Atlantic salmon | All year | 25" | 1 | |
| Muskellunge and Tiger Muskellunge | Third Saturday of June through December 15 | 48" | 1 | |
| Northern pike | First Saturday of May through March 15 | 22" | 5 | |
| Black bass, Lake Ontario and tributaries except in Jefferson County [east of Stony Point] and St. Lawrence River and tributaries | Statewide Regulations Apply | |||
| Black bass, Lake Ontario and tributaries in Jefferson County [east of Stony Point] and St. Lawrence River and tributaries | Third Saturday in June through November 30 | 12" | 5 | |
| Walleye | First Saturday of May through March 15 | 18" | 3 | |
| Lake Sturgeon, American eel | CLOSED POSSESSION PROHIBITED | |||
| Yellow perch, Sunfish | All year | Any size | 50 | |
| Except yellow perch and sunfish may be taken in any number in Jefferson County [east of Stony Point]. | ||||
| Lower Niagara River |
Brown trout Rainbow trout (including steelhead) Coho salmon Chinook salmon Pink salmon Lake trout Atlantic salmon | All year, except January 1 through September 30 for Lake trout | 15", except 21" for Rainbow trout, none for Lake trout, and 25" for Atlantic Salmon |
3 in any combination. Catch shall include no more 1 Atlantic salmon or 2 Lake trout except only 1 Lake trout may be between 25" and 30" |
| Muskellunge and Tiger Muskellunge | Third Saturday of June through December 15 | 48" | 1 | |
| Northern pike | First Saturday of May through March15 | 22" | 5 | |
| Walleye | First Saturday of May through December 31 | 18" | 3 | |
| January 1 through March 15 | 18" | 1 | ||
| Yellow perch, Sunfish | All year | Any size | 50 of each | |
| Lake Sturgeon, American eel | CLOSED POSSESSION PROHIBITED | |||
Existing paragraphs 10.2(g)(4) through 10.2(g)(7) are renumbered as paragraphs 10.2(g)(8) through 10.2(g)(11), and new paragraphs 10.2(g)(4) through and 10.2(g)(7) are added to read as follows:
(4) use a weighted fly with more than a one-eighth ounce added weight;
(5) add weight to the line, leader, swivels or artificial fly in any manner such that the weight hangs lower than the attached fly when the line or leader is suspended vertically from the rod;
(6) use less than 20 feet of floating, sinking, or combination floating/sinking flyline, or shooting head immediately behind the leader and in front of any running line or other backing;
(7) use supplemental weight such that the weight is the primary means of propelling the cast rather than the fly line or shooting head;
Existing clause10.2(h)(2)(d) is repealed and existing clause 10.2(h)(2)(c) is amended to read as follows:
| (c) | Walleye, Sauger | First Saturday in May through March 15 | 18" | [5]Any 3 in combination |
| [(d)] | [Sauger] | [First Saturday in May through March 15] | [Any size] | [Any number] |
Existing clauses 10.2(h)(2)(e) through 10.2(h)(2)(k) are renumbered as clauses 10.2(h)(2)(d) through 10.2(h)(2)(j).
Existing subparagraph 10.2(i)(1)(ii) is amended to read as follows:
(ii) the Ausable River [from ]beginning at the marked boundary 800 feet west [of the Route 9 bridge, upstream 2.3 miles to the mouth of Ausable Chasm]of the first bridge upstream from Lake Champlain, continuing upstream and ending at Rainbow Falls.
Existing Paragraph 10.2(i)(2) is amended to read as follows:
(2) From June 15th through December 31st in the Saranac River from Catherine Street bridge upstream to Imperial Mill Dam, Ausable River from D &H Railroad bridge upstream to Rainbow Falls, North Branch Boquet River and tributaries from mouth to first upstream barrier, and Boquet River [and tributaries to first barrier ]from mouth upstream to Wadhams Falls, no person may:
Existing clause 10.2(j)(2)(d) is amended to read as follows:
| (d) Muskellunge and Tiger Muskellunge | All year | [30"] 40" | [2] 1 |
Existing clause 10.2(j)(2)(f) is repealed.
Existing clause 10.2(j)(2)(g) is renumbered as clause 10.2(j)(2)(f) and amended to read as follows:
| [(g)] (f) Striped bass | All year | [34"] 28" | [1] 2 |
Existing clause 10.2(k)(2)(a) is repealed, and clause10.2(k)(2)(b) is renumbered as clause 10.2(k)(2)(a) and amended to read as follows:
(2) Table E--Greenwood Lake fishing regulations.
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| Species | Open season | Minimum length | Daily limit |
|---|---|---|---|
| [(a) Trout] | [All year] | [Any size] | [ 3 ] |
| [(b)] (a) Black Bass | [June 16-April 14] Third Saturday in June through November 30 | 12" | 5 |
| [April 15-June 15] December 1 through the Friday preceding the third Saturday in June | Catch and release only |
Existing clauses 10.2(k)(2)(c) through 10.2(k)(2)(g) are renumbered as clauses 10.2(k)(2)(b) through 10.2(k)(2)(f).
Existing subdivision 10.2(l) is amended to read as follows:
(l) [Special fishing regulations for Indian Lake in Dutchess County:]Special fishing regulations for Indian Lake in Dutchess County.
New clause 10.3(b)(15)(e) is added to read as follows:
| (e) | That portion of Ellicott Creek within Amherst State Park | See Great Lakes Regulations |
Existing clause 10.3(b)(16)(j) is amended to read as follows:
| (j) | Lake George and tributaries upstream to first barrier impassable by fish | Lake trout | All year | 23" | 2 | Ice fishing permitted |
| Landlocked salmon | All year | 18" | 2 | |||
| Trout | All year | Any size | 5 | |||
| Smelt | Use or possession prohibited | |||||
| Yellow perch | All year | Any size | 50 | |||
| Sunfish | All year | Any size | 50 | |||
Existing clause 10.3(b)(16)(k) is repealed and existing clauses 10.3(b)(16)(l) through 10.3(b)(16)(u) are renumbered as clauses 10.3(b)(16)(k) through 10.3(b)(16)(t).
New clause 10.3(b)(18)(f) is added to read as follows:
| (f) | Kyser Lake | Trout | All year | 12" | 3 | Ice fishing permitted |
Existing clauses 10.3(b)(22)(d) through clauses 10.3(b)(22)(e) are amended to read as follows:
| (d) | West Canada Creek from Trenton Falls Dam downstream [2.5 miles to Cincinnati Creek] to the first bridge (Comstock Bridge) below the mouth of Cincinnati Creek | Trout | All year | Catch and release only | Artificial lures only | |
| (e) | Stillwater Reservoir | Trout | All year | [9"] 12" | [5] 3 | Ice fishing permitted |
Existing clause 10.3(b)(22)(f) is repealed, and existing clause 10.3(b)(22)(g) is renumbered as 10.3(b)(22)(f) and amended to read as follows:
| [(g)] (f) | Beardsley Lake, Kyser Lake, [Mohawk River (Barge Canal)] | Trout | All year | 12" | 3 | Ice fishing permitted |
Existing clauses 10.3(b)(22)(h) and 10.3(b)(22)(i) are renumbered as clauses 10.3(b) (22)(g) and 10.3(b)(22)(h).
New clause 10.3(b)(22)(i) is added to read as follows:
| [(i)] | Wheeler and Clear Ponds (Town of Webb) | Brook trout | April 1 through October 15 | Catch and release only | Artificial lures only |
Existing clause 10.3(b)(25)(c) is amended to read as follows:
| (c) | Lake Bonaparte | Trout | All year | 9" | 5 | Ice fishing permitted |
| Lake trout | All year | 21" | 3 | |||
| [Walleye] | [First Saturday in May through March 15] | [18"] | [3] |
Existing clause 10.3(b)(29)(b) is amended to read as follows:
| (b) | Beardsley Lake | Trout | All year | 12" | 3 | Ice fishing permitted |
Existing clause 10.3(b)(30)(b) is amended to read as follows:
| (b) |
All waters | Black bass |
First Saturday in June through [March 15] April 30 | Catch and release only | |
| [Note: It is illegal to fish for bass during the period March 16 through Friday preceding the first Saturday in June] | |||||
Existing clause 10.3(b)(33)(d) is amended to read as follows:
| (d) | West Canada Creek from Trenton Falls Dam downstream [2.5 miles to mouth of Cincinnati Creek] to the first bridge (Comstock Bridge) below the mouth of Cincinnati Creek | Trout | All year | Catch and release only | Artificial lures only |
New clause 10.3(b)(33)(i) is added to read as follows:
| (I) | Lansing Kill | Trout | April 1 through October 15 | Any size | 5 with no more than 2 longer than 12" |
Existing clause 10.3(b)(39)(f) is amended to read as follows:
| (f) | Goodyear Lake | Yellow perch | All year | Any size | 25 | |
| [Bluegill] Sunfish (Bluegill, pumpkinseed, Redbreast) | All year | Any size | 25 |
Existing clause 10.3(b)(42)(a) is amended to read as follows:
| (a) | Glass Lake | Kokanee | All year | [Any size] 12" | [10] 3 | Ice fishing permitted |
| Trout | All year | 12" | 3 |
Existing clause 10.3(b)(45)(e) is amended to read as follows:
| (e) | [Allen Pond,] Cold Brook (on Cold Brook Fish and Wildlife Management Area), Jordan River from Carry Falls Reservoir upstream to Franklin County line, S. Branch Grass River from 0.5 mile downstream of Route 3 upstream to Grass River Flow [and Lake George Road in the Town of Clare upstream to Twin Ponds Outlet, Town of Clifton, West Branch St. Regis River from Route 11B bridge upstream to Allen Falls Reservoir Dam, Tamarack Pond] | Trout | April 1 through October 15 | Catch and release only | Artificial lures only |
Existing clause 10.3(b)(45)(h) is repealed and existing clauses 10.3(b)(45)(i) through 10.3(b)(45)(n) are renumbered as clauses 10.3(b)(45)(h) through 10.3(b)(45)(l).
Existing clause 10.3(b)(45)(n) is renumbered as 10.3(b)(45)(m) and amended to read as follows:
| [(n)] (m) | Trout Lake | Lake trout | All year | 21" | 3 | Ice fishing permitted |
| Trout | All year | 9" | 5 | |||
| [Walleye] | [First Saturday in May through March 15] | [18"] | [3] |
New clauses 10.3(b)(45)(n) through 10.3(b)45(p) are added to read as follows:
| (n) | Allen Pond | Trout | April 1 through October 15 | 12" | 3 | |
| (o) | West Branch St. Regis River from Route 11B bridge upstream to Allen Falls Reservoir Dam | Trout | All year | Catch and release only | Artificial lures only | |
| (p) | Pine, Boottree, Town Line, Deer, and Horseshoe Ponds in the Massawepie Conservation Easement Area, Tamarack Pond | Trout | April 1 through October 15 | 12" | 3 |
Existing clause 10.3(b)(52)(b) is amended to read as follows:
| (b) | All waters except Lake Ronkonkoma, Artist Lake, Belmont Lake, Blydenburgh Lake, and Fort Pond | Black bass | First Saturday in June through November 30 | 12" | 5 | [Black bass fishing prohibited March 16 through Friday preceding the first Saturday in June] |
| December 1 through [March 15] April 30 | Catch and release only | |||||
Existing clause 10.3(b)(57)(e) is amended as follows:
| (e) | Lake George and tributaries upstream to first barrier impassable by fish | Lake trout | All year | 23" | 2 | Ice fishing permitted |
| Landlocked salmon | All year | 18" | 2 | |||
| Trout | All year | Any size | 5 | |||
| Smelt | Use or possession prohibited | |||||
Existing clause 10.3(b)(57)(f) is repealed and existing clauses 10.3(b)(57)(g) through 10.3(b)(57)(n) are renumbered as clauses 10.3(b)(57)(f) through 10.3(b)(57)(m).
Existing clause 10.3(b)(58)(e) is amended to read as follows:
| (e) | Lake George and tributaries upstream to first barrier impassable by fish | Lake Trout | All year | 23" | 2 | Ice fishing permitted |
| Landlocked salmon | All year | 18" | 2 | |||
| Trout | All year | Any size | 5 | |||
| Smelt | Use or possession prohibited | |||||
Existing clause 10.3(b)(58)(f) is repealed and existing clause 10.3(b)(58)(g) is renumbered as clause 10.3(b)(58)(f).
Existing subdivision 10.4(a) is renumbered as subdivision 10.4(b), and new subdivision 10.4(a) is added to read as follows:
(a) For the purposes of this Part, tip-up means any device used for fishing through the ice that has a signaling device attached, except a bobber or other floating object on the water, that will visually or audibly signal a strike.
New paragraphs 10.4(b)(8) and 10.4(b)(9) are added to read as follows:
(8) No person shall operate a tip-up that has more than five lures or baits or a combination of both.
(9) No person shall operate a tip-up that has more than fifteen hook points in any combination of single, double or treble hooks.
Existing section 10.5 is amended to read as follows:
10.5 Taking smelt[and], suckers, alewives and blueback herring with a scap or dip net.
Existing subdivision 10.5(a) is amended to read as follows:
(a) No person shall take smelt[and], suckers, alewives and blueback herring:
Existing paragraph 10.5(a)(3) is amended to read as follows:
(3) with more than one net when taking smelt[or], suckers, alewives and blueback herring with a scap net or dip net;
Existing paragraphs 10.5(a)(1), 10.5(a)(2), 10.5(a)(4),10.5(a)(5), and 10.5(a)(6) remain unchanged.
Existing subdivision 10.5(b) is amended to read as follows:
(b) Table A - Smelt[and sucker], suckers, alewives and blueback herring scap or dip net regulations.
Existing paragraphs 10.5(b)(1) through 10.5(b)(12) remain unchanged.
Existing paragraph 10.6(e)(2) is amended to read as follows:
(2) All lands, lakes, ponds and streams of the following geographic areas: Dix Mountain Wilderness, Giant Mountain Wilderness, High Peaks Wilderness, Hoffman Notch Wilderness, Hudson Gorge Primitive Area (except Hudson River), McKenzie Mountain Wilderness (except Saranac River and West Branch Ausable River), Pharoah Lake Wilderness, Sentinel Range Wilderness (except East Branch Ausable River) and the following individual waters:
Existing paragraph 10.6(e)(11) is amended to read as follows:
(11) Town of Newcomb. Ackerman or Abutus Lake, Andrew Lake, Bradley Pond, Catlin Lake, Cedar (Round Top) Pond, Cheney Pond, Goodnow Flow, Goodnow Pond, Harkness Lake, Henderson Lake, Hunter Pond, Lake Jimmy, Lower Preston Pond, Mud Pond (one mile east of Pine Lake), Newcomb Lake (including Upper and Lower Duck Hole), Otter Pond, Upper Preston Pond.
Existing paragraph 10.6(j)(2) is amended to read as follows:
(2) Town of Webb. Bear Lake, Bubb Lake, Brewer Lake, Buck Pond (one-half mile north of Hog Pond), Buck Pond (one mile west of Thirsty Pond), Clear Pond, Moss Lake, Nicks Lake, Big Otter Lake, Quiver Pond, Razorback Pond, Sis Lake, Tied Lake, Twitchell Lake, West Pond (0.6 mile southwest of Big Moose Lake), Wheeler Pond, Woods Lake.
New paragraph 10.6(n)(7) is added to read as follows:
(7) All ponds and streams in the Raquette-Boreal Wilderness Area.
Existing subdivisions 10.6(q) through 10.6(r) are renumbered as subdivisions 10.6(r) through 10.6(s), and new subdivision 10.6(q) is added to read as follows:
(q) Sullivan County. (1) Town of Fremont. Crystal Lake.
(2) Town of Rockland. Hodge Pond, Mongaup Pond, and Mongaup Creek downstream of Mongaup Pond.
Existing paragraph 10.7(c)(2) is repealed, and existing paragraphs 10.7(c)(3) and 10.7(4) are renumbered as paragraphs 10.7(c)(2) and 10.7(c)(3).
Existing paragraphs 10.7(c)(5) through 10.7(c)(8) are renumbered as paragraphs 10.7(c)(4) through 10.7(c)(7) and amended to read as follows:
[(5)](4) In Clinton County, bowfin, burbot, carp,[ eel,] freshwater drum, gar, redhorse and suckers may be taken from March 20th through September 30th from Corbeau Creek and Scomotion Creek (from mouth upstream to Beekmantown town line).
[(6)](5) In Lake Champlain, bowfin, burbot, carp,[ eel,] freshwater drum, gar, redhorse and suckers may be taken from March 20th through September 30th.
[(7)](6) In Franklin County, bowfin, burbot, carp,[eel,] freshwater drum, gar, redhorse and suckers may be taken from March 20th through September 30th from Big Salmon River (from Canada upstream to dam at Fort Covington), Lawrence Brook (from county line upstream to County Route 6 west of Moira), Little Salmon River (from mouth upstream to County Route 32 in South Bombay), Pike Creek (from Canada upstream to State Route 95 west of Bombay), St. Regis River (from Canada upstream to dam at Hogansburg) and Farrington Brook (from mouth upstream to U.S. Route 11).
[(8)](7) In the Hudson River, carp,[ eel] and suckers may be taken from March 20th through September 30th from Bakers Falls in the village of Hudson Falls upstream to confluence of Stony Creek in Warren County.
Existing paragraphs 10.7(c)(9) through 10.7(c)(11) are renumbered as paragraphs 10.7(c)(8) through 10.7(c)(10).
Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR), Part 18 "Taking Bait," is amended as follows:
Existing section 18.0 is amended to read as follows:
18.0 Definition.
For the purposes of this Part, bait fish shall mean species listed in [section 11-1315 (1) (a) of the Environmental Conservation Law]section 19.2 of this Chapter.
Existing section 18.4 is repealed.
Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR), Part 19 "Use of Bait," is amended as follows:
Part 19
USE OF BAIT, FISH FOR BAIT, AND BAIT FISH
Existing section 19.1 is amended to read as follows:
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
[(a)](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.
[(b)](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.
[(c)](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.
New sections 19.2 and 19.3 are added to read as follows:
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).
(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 water bodies identified in this subdivision:
(1) Alewife (Alosa pseudoharengus): Canandaigua Lake; Cannonsville Reservoir; Cayuga Lake; Cayuta Lake; Conesus Lake; Hudson River and tidal portion of Hudson River tributaries (Albany, Rensselaer, Greene, Columbia, Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster and Westchester Counties); Keuka Lake; Otsego Lake; Otisco Lake; Owasco Lake; Lake Ontario; Lake Erie; Lamoka Lake; Pepacton Reservoir; Seneca Lake; St. Lawrence River and tributaries to the first barrier impassable by fish; Niagara River and tributaries to the first barrier impassable by fish; Mohawk River; and all waters in Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster and Westchester Counties).
(2) Rainbow smelt (Osmerus mordax): Canandaigua Lake; Cayuga Lake; Cayuta 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 tributaries to the first barrier impassable by fish; and the Niagara River and tributaries to the first barrier impassable by fish. (3) Mummichog (Fundulus heteroclitus): Hudson River and tidal portion of Hudson River tributaries (Albany, Rensselaer, Greene, Columbia, Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster and Westchester Counties); and all waters in Nassau and Suffolk Counties.
(4) Blueback herring (Alosa aestivalis) and Atlantic menhaden (Brevoortia tyrannus): Hudson River and tidal portion of Hudson River tributaries (Albany, Rensselaer, Greene, Columbia, Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster and Westchester Counties); and the Mohawk River and tributaries to the first barrier impassable by fish.
(5) American eel (Anguilla rostrata): Delaware River and tributaries to the first barrier impassable by fish, 6 inch minimum size limit; and the Hudson River and tidal portion of Hudson River tributaries (Albany, Rensselaer, Greene, Columbia, Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster and Westchester Counties), between 6 and 14 inches.
(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.
Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR), Part 35 "Licenses," is amended as follows:
Existing subdivision 35.2(a) is repealed and a new subdivision 35.2(a) is added to read as follows:
(a) For the purposes of this section, bait fish shall be:
(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) Alewife (Alosa pseudoharengus).
(17) Rainbow smelt (Osmerus mordax).
(18) Mummichog (Fundulus heteroclitus).
(19) Blueback herring (Alosa aestivalis).
(20) Atlantic menhaden (Brevoortia tyrannus).
(21) American eel (Anguilla rostrata).
Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR), Part 180 "Miscellaneous Regulations," is amended as follows:
New section 180.11 is added to read as follows:
180.11 Sale of eggs from trout, lake trout, and Atlantic salmon.
Except as permitted under section 11-1909 of the Environmental Conservation Law for private trout and bass hatcheries, no person shall buy, sell, offer or expose for sale, trade, barter, or cause to be bought or sold eggs from any trout, lake trout or Atlantic salmon.