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Parts 10 and 35, Sportfishing Regulations and Licenses - Express Terms Adopted August 1, 2012

Express Terms

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:

New paragraph 10.1(c)(6) is added to read as follows:

(6) Any snakehead fish, as defined in subparagraph 180.9(b)(1)(iv) of Part 180, caught while angling shall not be returned to the water, and shall be immediately euthanized and reported to DEC.

§ 10.2 Boundary water fishing regulations.

(ii) Table A - Special regulations for Lake Erie, Lake Ontario, Niagara River and St. Lawrence River

Existing subparagraph 10.2(a)(2)(ii) is amended to read as follows:

Existing paragraph 10.2(b)(4) is amended to read as follows:

(4) take or attempt to take fish by snatching or any other fishing technique that results in fish being intentionally foul-hooked;

Existing paragraph 10.2(b)(5) is amended to read as follows:

(5) fish at any time, unless otherwise posted by the Department, in Beaverdam Brook and its tributaries, Oswego County, from [the]their mouths to the upstream boundary of the Salmon River Hatchery property, or within 100 yards of any Department fish collection device.

Existing clause 10.2(c)(1)(ii)(g) is amended to read as follows:

(g) With the exception of Lake Erie tributaries u[U]se o[r]f more than one hook is prohibited, except that multiple hooks attached to floating lures are permitted as noted in "special provisions for floating lures" in clause (i) of this subparagraph.

Existing clause 10.2(c)(2)(ii)(c) is amended to read as follows:

(c) Hooks shall not have a gap (distance between the shank and the point) greater than one-half inch[.] except as noted in "special provisions for floating lures" in clause (i) of this subparagraph.

Existing subclause 10.2(c)(2)(ii)(i)(3) is amended to read as follows:

(3) Any hooks on a floating lure, other than an artificial fly as defined in section 19.1(c) of this Title, must be attached thereto by a ring or swivel[.] or from August 15^th through October 31^st, a bead chain attached to the lure with a ring.

Existing subclause 10.2(c)(2)(ii)(i)(4) is amended to read as follows:

(4) The distance between the body of a floating lure and the points of any attached hooks shall not exceed one and one-half inches[.] except the bead chain configuration permitted in clause(i)(3) of this subparagraph may not exceed a distance of three and one half inches between the body of the floating lure and the hook point.

New subclause 10.2(c)(2)(ii)(i)(5) is added to read as follows:

(5) The hook in the bead chain configuration permitted in clause(i)(3) of this subparagraph shall not have a gap greater than five-eights inch.

Existing subdivision 10.2(g) is amended to read as follows:

(g) Additional special fishing regulations for the Salmon River, Oswego County, from County Route 52 bridge upstream to Lighthouse Hill Reservoir. No person may fish at any time except from County Route 52 bridge in Altmar upstream to a marked boundary at Beaverdam Brook (Lower Fly Area) from September 15th through May 15th, and from a marked boundary upstream of the New York State Salmon River Fish Hatchery property upstream approximately 0.6 mile to a marked boundary at the Lighthouse Hill Reservoir tailrace (Upper Fly Area) from April 1st through November 30th. No person, while fishing in these places during these times, shall:

(1) fish from one-half hour after sunset to one-half hour before sunrise;

(2) use fishing tackle other than a traditional fly fishing rod, reel and line;

Existing paragraphs 10.2(g)(3) through 10.2(g)(11) are repealed and new paragraphs 10.2(g)(3) through 10.2(g)(10) are added to read as follows:

[(3) use other than single artificial flies, including weighted flies, which are permitted;

(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;

(8) use a hook with more than one hook point or with a gap of greater than one-half inch;

(9) use a leader, including tippet, measuring in excess of 15 feet;

(10) place additional weight on the line or leader, whether fixed or sliding at a distance exceeding four feet from the fly; and

(11) fail to immediately release all fish without unnecessary injury.]

(3) fail to immediately release all fish without unnecessary injury;

(4) use a leader, including tippet, measuring in excess of 15 feet;

(5) use other than a single artificial fly with a single hook point and a maximum hook gap of one-half inch. The use of weighted flies is permitted as defined in paragraph (10) of this subdivision. The use of added baits or attractors such as, but not limited to, fish eggs insects, beads, spoons, spinners, or plugs on the line above the artificial fly is prohibited;

(6) place supplemental weight on the line or leader, whether fixed or sliding at a distance exceeding four feet from the fly. The use of supplemental weight is permitted as defined in paragraph (10) of this subdivision;

(7) add supplemental weight as permitted in paragraph (10) of this subdivision to the line, leader, swivels or artificial fly in any manner such that weight hangs lower than the attached fly when the leader is suspended vertically from the rod;

(8) 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. The use of fly lines is permitted as defined in paragraphs (9) and (10) of this subdivision;

(9) use other that a floating fly line, un-weighted leader and an un-weighted fly in the Lower Fly Area from May 1^st through May 15^th and from May 1^st through August 31^st in the Upper Fly Area. The use of sinking flylines, combination floating/sinking flylines, sinking leaders, metal leaders or supplemental weight including sinkers, split shot, twist-ons, swivels, attached to the leader, tippet, flyline or fly is also prohibited in both areas at these times; and

(10) use sinking flylines, combination floating/sinking flylines, shooting heads, sinking leaders, metal leaders, supplemental weight or weighted flies other than from April 1^st through April 30^th and September 1^st through November 30^th in the Upper Fly Area, and from September 15^th through April 30^th in the Lower Fly Area. The combined weight of any supplemental weight (as defined in paragraph 9 of this subdivision) and fly not exceed one-eighth of an ounce.

Existing subparagraph 10.2(i)(2)(v) is renumbered as new paragraph 10.2(i)(3) and amended to read as follows:

[(v)]( 3) no person may engage in fishing in the North Branch Boquet River and its tributaries and Mill Brook (in Port Henry) from mouth to falls west of Route 22 from October 1^st through December 31^st[;] .

Existing subparagraph 10.2(i)(2(vi) is renumbered as new paragraph 10.2(i)(4) and amended to read as follows:

[(vi)](4) no person may engage in fishing at anytime in the Boquet River from marked boundary below Willsboro Dam upstream to Route 22 in Willsboro[;] .

Existing subparagraph 10.2(i)(2(vii) is renumbered as new paragraph 10.2(i)(5) and amended to read as follows:

[(vii)](5) no person may engage in fishing at any time in the Ausable Boat Basin at the mouth of Ausable Chasm between posted boundaries.

§ 10.3 Additional special fishing regulations for certain inland waters.

(b) Table A - Fishing regulations for specially designated waters.

Existing subdivision 10.3(b) is amended to read as follows:

Existing paragraph 10.3(c)(2) is amended to read as follows:

(2) Table B - Fishing regulations for Finger Lakes

Existing paragraph 10.3(d)(1) is amended to read as follows:

(1) Table C -- Finger Lakes tributary trout and salmon fishing regulations

Existing subparagraph 10.3(d)(3)(iv) is repealed and existing subparagraphs 10.3(d)(3)(v) and 10.3(d)(3)(vi) are renumbered as paragraphs 10.3(d)(3)(iv) and 10.3(d)(3)(v).

[(iv) Possession of gaff hooks and landing nets larger than 50 inches around the frame or with handles longer than 20 inches is prohibited except for those stream sections listed in paragraph (4) of this subdivision.]

Existing subparagraph 10.3(d)(4) (vii) is amended to read as follows:

(vii) Fall Creek in Ithaca, Tompkins County, from [the downstream edge of the railroad bridge below Route 13 to Ithaca Falls]Cayuga Lake to the downstream edge of the railroad bridge below Rt. 13 in Ithaca.

New paragraphs 10.3(e)(19) through 10.3(e)(20) are added and read as follows:

(19) Little Sandy Creek in Oswego County from the State Route 3 bridge downstream 850 feet to the intersection of the channelized area and upstream 1.0 mile from the bridge to the Public Fishing Rights section - closed from March 16^th until the opening of Walleye season in May.

(20) Lake Pleasant outlet to mouth of the Kunjamuk River in Hamilton County - closed from March 16^th until the opening Walleye season in May.

§ 10.5 Taking smelt, sucker, alewives and blueback herring with a scap or dip net.

Existing subdivision 10.5(b) is amended to read as follows:

(b) Table A - Smelt, suckers, alewives and blueback herring, scap or dip net regulations.

§ 10.8 Sportfishing regulations for certain privately managed fishing waters.

New subdivision 10.8(n) is added and reads as follows:

(n) On Salmon Pond, Town of Indian Lake, Hamilton County, the following regulations apply.

§ 10.9 Snatching.

Existing subdivision 10.9(b) is amended to read as follows:

(b) taking or attempting to take fish by s [S]natching and blind snatching are prohibited in all waters except where specifically permitted.

Title 6 of NYCRR Part 35 "Commercial Inland Fisheries" is amended as follows:

§ 35.2 Taking bait fish with nets and traps for commercial purposes.

Paragraph 35.2(d)(42) is amended to read as follows:

(42) Schuyler County. Barge Canal; Lake Lamoka; Lake Waneta; Pine Creek; Cayuta Lake; Seneca Lake.