2010 New York Code
ENV - Environmental Conservation
Article 11 - FISH AND WILDLIFE
Title 13 - (11-1301 - 11-1321) FISHING
11-1311 - Fishing in waters impounded by dams constructed for power purposes.

§ 11-1311. Fishing  in  waters  impounded  by dams constructed for power
               purposes.
    The waters impounded  by  any  dam  hereafter  constructed  for  power
  purposes  on  any  stream or waterway in the state, and impressed with a
  public interest pursuant to section 15-1713 of this  chapter,  shall  be
  open  to the public to fish thereon, when authorized by other applicable
  provisions of this chapter, subject  to  the  following  conditions  and
  limitations:
    a.  Such  fishing  must  be  conducted  in  accordance  with rules and
  regulations  of  the  commissioner  in  agreement   with   the   person,
  association or corporation proposing to construct the dam.
    b.  Such  rules and regulations must provide, among other things, that
  fishing upon any such waters shall be conducted in such a manner as  not
  to  interfere  injuriously with the operation and maintenance of the dam
  or of any manufacturing plant operated by power generated therefrom.
    c. Damages sustained by  a  person  while  fishing  or  in  connection
  therewith  shall  not constitute a claim either against the state or the
  person, association or corporation owning the dam or his or  its  lessee
  or other assignee in interest.
    d.  The  commissioner,  of his own motion or upon application, after a
  public hearing held  pursuant  to  notice,  shall  have  power,  in  his
  discretion,  to  exempt  from the provisions of this section, the waters
  impounded by any dam hereafter constructed for power purposes. Notice of
  such a hearing shall be posted at least ten days before the  hearing  in
  five  conspicuous  places  in  the  locality  where  the  dam  is  to be
  constructed.
    e. Rules and regulations of the commissioner, so far  as  practicable,
  shall be uniform, but may vary in different localities of the state.
    f.   Warning notices or signboards not less than one foot square shall
  be conspicuously posted not more than forty  rods  apart  close  to  and
  along  the  entire  boundary  of  such impounded waters. Posting of such
  notices shall be sufficient provided that illegal and destroyed signs be
  replaced once a year  during  the  months  of  March,  July,  August  or
  September.  Warning  notices  shall  contain  such  information  as  the
  commissioner by rule or regulation may prescribe.