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Parts 10, 11, 18, 19, 35, 36, and 40 - Sportfishing Regulations; More Than One Species; Taking Bait; Use of Bait, Fish for Bait, and Bait Fish; Licenses; Gear and Operation of Gear; and Marine Fish - Express Terms Adopted September 5, 2012

Express Terms

Part 10 of 6 NYCRR is amended to read as follows:

Existing subdivision 10.1(a) through paragraph 10.1(b)(19) remain unchanged.

New paragraph 10.1(b)(20) is adopted to reads as follows:

(b) Table A. Sportfishing regulations

Subdivisions 10.1(c) through subparagraph 10.2(j)(2)(f) remain unchanged.

Subparagraph 10.2(j)(2)(g) is amended to read as follows:

(2) Table D: Fishing regulations for Delaware River and its West Branch bordering Pennsylvania

Subdivision 10.2(k) through section 10.4 remain the same.

Section 10.5 is amended to read as follows:

10.5 Taking smelt[,] or suckers[, alewives and blueback herring] with a scap or dip net.

(a) No person shall take smelt or[,] suckers[, alewives and blueback herring]:

Paragraphs 10.5(a)(1) through 10.5(a)(2) remain the same.

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 or dip net;

Paragraphs 10.5 (a)(4) through 10.5(a)(6) remain the same.

Subdivision 10.5(b) is amended to read as follows:

(b) Table A Taking smelt[,] or suckers[, alewives and blueback herring] with a scap or dip net.

Paragraph 10.5(b)(6) is amended to read as follows:

Paragraph 10.5(b)(7) through subdivision 10.9(e) remain unchanged.

New section 10.10 is adopted to read as follows:

Section 10.10 Taking of anadromous river herring (alewife and blueback herring) in the Hudson River and its tributaries and embayments.

(a) "Definitions" For the purposes of this Part, the following definitions apply:

(1) "Anadromous river herring" are made up of the two species: alewife, "Alosa pseudoharengus", and blueback herring, "Alosa aestivalis", that are present in the Hudson River and all its tributaries and all portions of New York rivers open to the Atlantic Ocean, except for the St. Lawrence River.

(2) "Land-locked alewife" are alewife, "Alosa pseudoharengus", present in waterbodies other than listed in Subdivision 1 of this Section.

(3) "Hudson River", for the purposes of this Part, means the main-stem, non-tidal river from Lock 1 near Waterford NY south to the Federal Dam, and the main-stem tidal river from the Federal Dam at Troy, New York downstream to the George Washington Bridge at river mile 11, as measured in miles from the Battery at the tip of Manhattan, excluding all tributaries listed in Table A of this section.

(4) "Hudson River Tributaries" means the named stream, kill or creek, upstream of a line drawn between the north and south entrance points on the Hudson River, delineated by the latitude and longitude listed in Table A of this section, and any unnamed stream kill or creek upstream of the mean high water line on the Hudson River.

(5) "Hudson River Embayment" means a bay of the Hudson River closed off from the main river by a natural (shoals) or unnatural (railroad trestles, dredge spoil deposits, etc.) barrier with small confined entrances. Embayments can include one or several Hudson River Tributaries.

(6) "Party and charter boat operator or operator" means those individuals operating a boat for hire that meets the definition of party and charter boat in Section 40.1 of this Chapter, or the holder of a marine and coastal district party and charter boat license issued pursuant to section 13-0336 of the Environmental Conservation Law.

(b) Table A. Hudson River Embayments and Hudson River Tributaries.

(c) General Provisions:

(1) No person shall fish for or take anadromous river herring in the Hudson River and its tributaries:

(i) Unless they possess a marine fishery registration or are entitled to fish without a license;

(ii) Other than in the open season specified in Table B of this section;

(iii) In excess of the possession limit specified in Table B of this section, except for individuals as defined in paragraph 4 of this subdivision; and

(iv) Other than using the manner of take listed in Table B of this section.

(2) Table B- Recreational fishing

(3) Taking of anadromous river herring with a net for personal use.

(i) No person shall take anadromous river herring with a net within Hudson River Tributaries and Embayments.

(ii) No person shall take anadromous river herring from the Hudson River:

("a") Unless they meet the requirements listed in the general provisions of this section;

("b") with more than one net when taking with a scap or dip net;

("c") with a dip net exceeding 14 inches in diameter if it is round form or exceeding 13 inches by 13 inches if it is square form;

("d") with a scap, or lift, net exceeding 16 square feet;

("e") with a seine net exceeding 36 square feet; or

("f") with a cast net exceeding 10 feet in diameter.

(iii) Prior to entering a Hudson River tributary or embayment, all personal use nets must be stowed in a secured container on deck or in a container below deck.

(4) Taking of anadromous river herring aboard party and charter boats:

(i) The operator of a party or charter boat may take and possess a limit of anadromous river herring of 10 per reserved fare OR a maximum boat limit of 50 fish per day for a group of reserved fares, whichever is lower.

(ii) The operator of a party or charter boat operating above the Governor Malcolm Wilson Tappan Zee Bridge on the Hudson River may possess anadromous river herring in excess of the individual recreational possession limit, as specified in (i) above, prior to the commencement of a fishing charter.

(iii) To qualify for the party and charter boat river herring possession limit exemption, the operator must register with the department before beginning fishing operations.

("a") An operator possessing a New York State marine and coastal district party and charter boat license will provide their permit number and the period of expected operation to the NYSDEC, Bureau of Marine Resources, Hudson River Fisheries Unit, 21 S. Putt Corners Road, New Paltz, NY, by mail, fax, email or by any other method approved by the department.

("b") An operator without a New York State marine and coastal district party and charter boat license must provide a copy of their U.S. Coast Guard license and period of expected operation to the NYSDEC, Bureau of Marine Resources, Hudson River Fisheries Unit, 21 S. Putt Corners Road, New Paltz, NY, by mail, fax, email or by any other method approved by the department.

("c") Registered party and charter boat operators shall display a valid Hudson River Herring decal provided by the Department, whenever the vessel is operating as a party or charter fishing boat. The decal shall be displayed on the port side of the vessel, and shall be readily visible from the water or dock. The decal shall be placed on the wheel house window or, in the case of craft with no enclosed cabin, on the console or windscreen. Vessels with no wheel house or console shall display the decal in plain sight on the port side of the hull.

Section 11.1 through subdivision 11.2(e) remain the same.

Existing subdivision 11.2(f) is repealed.

New subdivision 11.2(f) is adopted to read as follows:

(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.

Section 11.3 through subdivision 18.1(a) remain the same.

Subdivision 18.1(b) is amended to read as follows:

(b) Such nets, traps and other devices when used to take bait fish for personal use and not for sale, may be operated between sunset and sunrise: (1) for taking bait fish in Lakes Ontario and Erie, except in the bays, inlets and outlets thereof; the Niagara River; and the Hudson River south of the barrier dam at Troy; (2) gill nets measuring not more than 25 feet in length, have a bar mesh not larger than one inch for taking alewives (sawbellies) only in Canadice, Canandaigua, Cayuga, Hemlock, Keuka, Otisco, Owasco and Seneca Lakes; (3) for taking of anadromous river herring in the Hudson River as defined in Part 10 of this Title.

Subdivision 18.2(a) remains the same.

Subdivision 18.2(b) is amended to read as follows:

(b) Licensed nets for taking such bait fish , except for anadromous river herring, may be operated between sunset and sunrise in the following waters: Lakes Ontario and Erie except in the bays, inlets and outlets thereof; Niagara River; Cattaraugus Creek from its mouth to Route 5; Hudson River south of barrier dam at Troy; Sylvan Lake in Dutchess County; Canandaigua, Cayuga, Keuka and Seneca Lakes.

Subdivision 18.2(c) through subdivision 19.2(b) remain unchanged.

Paragraph 19.2(b)(1) is amended to read as follows:

(1) Landlocked Alewife ("Alosa pseudoharengus"), as defined in Section 10.10 of this Title : Canandaigua Lake; Cannonsville Reservoir; Cayuga Lake; Cayuta Lake; Conesus Lake; Hemlock Lake; Canadice Lake; Waneta Lake;[Hudson River downstream from the Federal Dam at Troy to the Battery at the southern tip of Manhattan Island;] Keuka Lake; Otsego Lake; Otisco Lake; Owasco Lake; Lake Ontario; Lake Erie; Lamoka Lake; Pepacton Reservoir; Seneca Lake; St. Lawrence River; Niagara River; [Mohawk River;] and all inland land-locked waters in Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster and Westchester Counties).

Paragraphs 19.2(b)(2) through 19.2(b)(3) remain the same.

Paragraph 19.2(b)(4) is amended to read as follows:

(4) [Blueback herring ("Alosa aestivalis") and] Atlantic menhaden ([Brevoortia tyrannus] "Brevoortia tyrannus" ): Hudson River downstream from the Federal Dam at Troy to the Battery at the southern tip of Manhattan Island[; and the Mohawk River].

Paragraph 19.2(b)(5) remains the same.

New paragraph 19.2(b)(6) is adopted to read as follows:

(6) Anadromous river herring (alewife and blueback herring), as defined in Part 10 of this Title: Hudson River and the Hudson River tributaries and embayments as defined in Part 10 of this Title, except for the Hudson River and tributaries north of the Federal Dam at Troy NY.

Subdivision 19.2(c) through paragraph 35.2(a)(15) remain unchanged.

Paragraph 35.2(a)(16) is amended to read as follows:

(16) Land-locked Alewife ("Alosa pseudoharengus") as defined in Part 10 of this Title.

Paragraphs 35.2(a)(17) and 35.2(a)(18) remain unchanged.

Paragraph 35.2(a)(19) is repealed.

Existing paragraph 35.2(a)(20) is renumbered as paragraph 35.2(a)(19).

Existing paragraph 35.2(a)(21) is renumbered as paragraph 35.2(a)(20).

A note is adopted to read as follows:

Note: The taking of anadromous river herring for all purposes is regulated pursuant to Parts 10 and 36 of this Title.

Subdivision 35.2(b) through paragraph 36.1(b)(2) remain the same.

Subdivision 36.1(b)(3) is amended to read:

(3) Tagging or marking of nets.

Subparagraph 36.1(b)(3)( i) is amended to read:

(i) The department shall issue, with each license to operate net, line, weir, pot or other device, with the exception listed in subparagraph (iii), a tag upon which shall be stamped a number corresponding with the number or numbers on the license. Such tag shall be attached to the net or set line when in use in such manner that it will be on the top of or above the water and in plain sight at all times.

Subparagraph 36.1(b)(3)(ii) remains the same.

New subparagraph 36.1(b)(3)(iii) is adopted to read as follows:

(iii) For licensed gear operated in the Hudson River, the license holder is required to mark each net with the license holder's license number in visible black numbers on an orange background. A net shall have attached a marked floating buoy, a scoop, scap or dip net shall be marked on the fixed handle to the net.

Paragraph 36.1(b)(4) through Section 36.2 remain the same.

Subdivision 36.3(a) is amended to read as follows:

(a) Anadromous river herring ( alewife and blueback herring ) , may be taken with nets in the Hudson River from March 15th to June 15th. This subdivision is subject to additional emergency restrictions of the department pursuant to section 11-0315 of the Environmental Conservation Law. For the purposes of this subdivision, anadromous river herring, Hudson River, Hudson River Tributary and Hudson River Embayment shall have the same meaning as defined in Part 10 of this Title .

Subdivision 36.3(b) through Paragraph 36.3(c)(1) remain the same.

Subparagraph 36.3(c)(2)(i) is amended to read as follows:

(i) 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 or in any Hudson River tributary or embayment.

Subparagraphs 36.3(c)(2)(ii) and 36.3(c)(2)(iii) remain the same.

Subparagraph 36.3(c)(2)(iv) is amended to read as follows:

(iv) 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 Castleton-on-Hudson (Interstate 90 spur and railroad) bridges [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.

New subparagraph 36.3(c)(2)(v) is adopted to read as follows:

(v) Prior to entering a Hudson River Tributary or Embayment, all licensed gear must be stowed in a secured container on deck or in a container below deck.

Paragraph 36.3(c)(3) remains the same.

Paragraph 36.3(c)(4) is amended to read as follows:

(4) Escapement period. During the anadromous river herring ( alewife and blueback 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:] .

Subparagraphs 36.3(c)(4)(i) and 36.3(c)(4)(ii) are repealed.

Paragraphs 36.3(c)(5) through subdivision 40.1(e) remain the same.

Existing subdivision 40.1 (f) is amended to read as follows:

Species Striped bass through Black sea bass remain the same.

New species Anadromous river herring is adopted to read as follows:

40.1 (f) Table A - Recreational Fishing.

Species American shad through Oyster toadfish remain the same.

Subdivisions 40.1(g) through 40.1(h) remain the same.

Existing subdivision 40.1(i) is amended to read as follows:

Species Striped bass through Oyster toadfish remain the same.

New species Anadromous river herring is adopted read as follows:

40.1 (i) Table B - Commercial Fishing.