Part 19, Sect. 2 - Use of Bait, Fish for Bait, and Bait Fish; Part 35, Sect. 3 and 4 - Licenses; Part 59, Sect.1 - State Boat Launching Sites, Fishing-Access Sites and Fishing Rights Areas; and Part 190, Sect. 24 - Use of State Lands - Express Terms
Express Terms
Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR), Part 19 "USE OF BAIT, FISH FOR BAIT, AND BAIT FISH" is amended as follows:
Subdivision 19.2(b) is amended to read as follows:
(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 [bodies] and their tributaries up to the first barrier impassable by fish as identified in this subdivision:
Paragraphs 19.2(b)(1) and 19.2(b)(2) are amended to read as follows:
(1) Alewife (Alosa pseudoharengus): Canandaigua Lake; Cannonsville Reservoir; Cayuga Lake; Cayuta Lake; Conesus Lake; Hemlock Lake; Canadice Lake; Waneta Lake; Hudson River [and tidal portion of Hudson River tributaries]downstream from the Federal Dam at Troy to the Battery at the southern tip of Manhattan Island [(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; 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 tributaries to the first barrier impassable by fish]; and the Niagara River[and tributaries to the first barrier impassable by fish].
Paragraphs 19.2(b)(3) remains the same.
(3) Mummichog (Fundulus heteroclitus): Hudson River [and tidal portion of Hudson River tributaries] downstream from the Federal Dam at Troy to the Battery at the southern tip of Manhattan Island[(Albany, Rensselaer, Greene, Columbia, Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster and Westchester Counties)];and all waters in Nassau and Suffolk Counties.
Paragraphs 19.2(b)(4) and 19.2(b)(5) are amended to read as follows:
(4) Blueback herring (Alosa aestivalis) and Atlantic menhaden (Brevoortia tyrannus): Hudson River [and tidal portion of Hudson River tributaries]downstream from the Federal Dam at Troy to the Battery at the southern tip of Manhattan Island [(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] downstream from the Federal Dam at Troy to the Battery at the southern tip of Manhattan Island[(Albany, Rensselaer, Greene, Columbia, Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster and Westchester Counties)], between 6 and 14 inches.
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:
Clause 35.3(c)(3)(iii)(a) is amended to read as follows:
(a) retail sale of bait fish; receipt required. When engaging in the retail sale of bait fish, the seller shall issue a receipt to the purchaser pursuant to subdivision (f) of this section. The receipt shall be retained by the purchaser while in possession of the bait fish, and shall be valid for [seven]ten days from the date of the retail sale, including the date of sale;
Clause 35.4(b)(3)(iii)(a) is amended to read as follows:
(a) retail sale of bait fish; receipt required. When engaging in the retail sale of bait fish, the seller shall issue a receipt to the purchaser pursuant to subdivision (d) of this section. The receipt shall be retained by the purchaser while in possession of the bait fish, and shall be valid for [seven]ten days from the date of the retail sale, including the date of sale;
Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR), Part 59 "STATE BOAT-LAUNCHING SITES, FISHING-ACCESS SITES AND FISHING RIGHTS AREAS" is amended as follows:
Subdivision 59.1(d) is amended as follows:
(d) No person shall use any boat-launching site, or any fishing-access site from which boats may be launched, or any adjacent waters within 100 feet from the shore of a boat-launching ramp or ramp area, including offshore and inshore approaches, for any purpose other than the launching and [hauling]retrieval of boats, fishing and, where provided, ice fishing access, unless a written permit is obtained from the Department.
Existing subdivisions 59.1(e) through 59.1(l) are renumbered as subdivisions 59.1(f) through 59.1(m), and new subdivision 59.1(e) is amended to read as follows:
(e) Fishing, or other permitted non-boating use of these facilities, may in no way impair the launching or retrieval of boats, use of boarding docks by boaters, or navigation to and from the launch ramp.
Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR), Section 190 "USE OF STATE LANDS" is amended as follows:
Section 190.24(a) is repealed and a new section 190.24(a) is adopted to read as follows:
[(a) No person shall use any boat launching site or any adjacent waters within 100 feet from the shore of a boat launching or ramp area for any purpose other than hauling, launching, or loading of boats.]
No person shall use any boat launching site or any adjacent waters within 100 feet from the shore of a boat launching ramp or ramp area, including offshore and inshore approaches, for any purpose other than the launching, retrieval, hauling or loading of boats, fishing and, where provided, ice fishing access, unless a written permit is obtained by the Department. Fishing, or other permitted non-boating use of these facilities, may in no way impair the launching or retrieval of boats, use of boarding docks by boaters, or navigation to and from the launch ramp.
