2006 New York Code - Management Of Striped Bass In The Hudson River

 
  § 11-1521. Management of striped bass in the Hudson River.
    Notwithstanding any provision of law to the contrary:
    1.  Striped bass (Morone saxatilis) less than eighteen inches in total
  length may not be taken, possessed, bought, sold or offered for sale.
    2. Striped bass shall not be taken in the Hudson River from the George
  Washington bridge north to the Federal  dam  at  Troy  from  December  1
  through  March  15.  Striped  bass unintentionally taken in violation of
  this subdivision shall be returned  to  the  water  immediately  without
  unnecessary injury.
    3. Striped bass shall not be taken in the Hudson River from the George
  Washington  bridge  north to the Federal dam at Troy with seines, fykes,
  hoop nets or trawls.
    4. From March 15 through June 15, gill nets with stretched  mesh  size
  greater than 3 1/2 inches and less than 5 inches shall not be set in the
  Hudson  River from the George Washington bridge north to the Federal dam
  at Troy nor possessed while on those waters.
    5. In addition to the  restrictions  set  forth  in  subdivision  four
  hereof,  from  March  15 through June 15, 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 Hamilton Fish Newburgh-Beacon
  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.    The
  department shall identify additional spawning areas and allocate fishing
  locations within these spawning areas.
    6. Striped bass unintentionally taken in violation of subdivision one,
  three,  four  or  five of this section shall be returned to the water at
  once without unnecessary injury, except that fish  taken  in  gill  nets
  need  not  be  so returned to the water but shall not be bought, sold or
  trafficked in. For the purposes of this section "trafficked in" includes
  possession or transportation in any boat or vehicle other than the  boat
  in  which  such  striped  bass were landed after being taken. Nothing in
  this subdivision shall be construed as permitting any person to  possess
  striped bass of less than legal size.
    7.  On  or  before March 15, 1984 the department shall adopt rules and
  regulations limiting entry to the  traditional  commercial  fishery  for
  striped bass in the Hudson River. Such rules and regulations may include
  the  establishment  of  a limit on the number of commercial striped bass
  licenses to be  issued,  the  establishment  of  equipment  restrictions
  necessary  to maintain traditional fishing methods, the establishment of
  a striped bass harvest quota for  allocation  among  licensees  and  the
  establishment  of  a Hudson River commercial fishing board whose members
  will be appointed by the commissioner and which will function to approve
  or deny applications for commercial striped bass licenses on  the  basis
  of  rules  promulgated  by the department, to establish criteria for the
  allotment of individual licensee catch quotas and  to  allot  the  catch
  quotas  when  the department establishes striped bass harvest limits for
  allocation among licensees. Such rules and regulations shall be publicly
  reviewed each year by the Hudson River Advisory Committee and revised as
  needed to insure maintenance  of  an  economically  viable,  stable  and
  traditional  striped  bass commercial fishery in the Hudson River and to
  provide proper protection for the Hudson River striped bass population.
    8. No person shall sell or expose or offer for sale, trade  or  barter
  striped  bass without first obtaining a commercial striped bass license.
  A commercial striped bass license is required  only  for  initial  sale,
  exposing  or  offering for sale, trade or barter and is not required for
  subsequent sales. The resident fee for such license shall be  determined
  by  the  commissioner and shall not exceed one hundred dollars. Fees for
  licensing nets in the Hudson River as required by department  rules  and
  regulations  shall be credited toward purchase of the commercial striped
  bass  license. The nonresident fee for such license shall be two hundred
  dollars.