2010 New York Code
ENV - Environmental Conservation
Article 13 - MARINE AND COASTAL RESOURCES
Title 3 - (13-0301 - 13-0371) MARINE FISHERIES
13-0343-A - Fish pots and traps; restrictions.

§ 13-0343-a. Fish pots and traps; restrictions.
    1.  No  person shall utilize commercial fishing gear commonly known as
  "fish pots" or "fish traps" within five hundred feet of  any  artificial
  reef.  The  department  may  publish a list of artificial reef sites and
  locations where the placing of pots or traps is prohibited.
    2. The department may regulate the use and design of "fish  pots"  and
  "fish  traps",  including,  but  not  limited to, the following matters:
  design, including, but  not  limited  to,  identification  and  marking;
  configuration  and  material composition; requirements for escape panels
  and/or vents; restrictions on the total number of traps or pots that may
  be  fished  individually  or  collectively;  and  in  addition  to   the
  restrictions  contained  in subdivision one of this section, those areas
  where such pots or traps may not be used.
    3. The department may require those  who  hold  licenses  pursuant  to
  section  13-0335  of  this  title  to  first  obtain  a  permit from the
  department to set, operate, maintain or use "fish pots" or "fish traps".
  The department may restrict the number of  permits  issued  pursuant  to
  this section.
    4.  This  section  shall  not  apply  to any "fish pot" or "fish trap"
  exempted under section 13-0335 of this title.  Any  rule  or  regulation
  proposed  or  adopted  pursuant to this section shall be consistent with
  the provisions of section 13-0105 of this article. The  commissioner  is
  authorized to promulgate such rules or regulations as he deems necessary
  to implement this section.
    5.  No  person  shall return a fish pot or trap which contains fish to
  the water.