2006 New York Code - Nets Other Than Trawls; Restrictions On Use Of Nets And Trawls.

 
  § 13-0343. Nets  other  than  trawls;  restrictions  on  use of nets and
               trawls.
    1. Nets other than trawls shall not be placed, maintained or  used  in
  any  of  the  following waters except: (a) as permitted by this section;
  (b) landing nets may be used in completing the catch of fish  hooked  by
  angling;  and  (c)  cast nets, not in excess of twenty feet in diameter,
  operated by hand may be  used  to  take  Atlantic  menhaden  (Brevoortia
  tyrannus) and mullets (Mugil spp) for recreational purposes only, except
  in  the  waters described in subdivisions four, eight and twelve of this
  section. The use of cast nets shall be limited to one per boat.
    2. In the waters of the marine district  in  the  county  of  Richmond
  purse  seines may not be used to take menhaden when operated from boats;
  and nets of not more than ten feet in length, operated by hand,  may  be
  used to take minnows and shrimp for bait.
    3.  In  the  Harlem  River  and  the East River east of the Triborough
  Bridge and in Long Island Sound west of  a  line  drawn  from  Hewlett's
  (King's)  Point to the north end of Hart Island, thence to the south end
  of Glen Island, and in their adjacent bays, coves, creeks and  confluent
  waters,  only  such  nets  as  are used to take lobsters or crabs may be
  used.
    4. In the Nissequogue River fish may be taken by angling  only  except
  that nets of not more than twenty feet in length and four feet in depth,
  operated  by  hand,  may be used to take bait fish during daylight hours
  only.
    5. a. In the inland tidal waters within  the  town  of  Hempstead,  no
  person  shall  at  any  time  engage  in eel dredging by the use of nets
  accompanied by cutting boards, chains or other similar devices.
    b. In the inland tidal waters within the town of Hempstead westerly of
  the Wantagh State Parkway causeway, nets shall not be used except  nets,
  not over forty feet long and four feet deep, may be used to take minnows
  or shrimp for bait.
    6.  In  Jamaica  Bay  and its adjacent creeks, inlets and basins, nets
  shall not be used inshore of a line from the beacon  at  Rockaway  Point
  jetty  to the municipal bath houses on Coney Island, except that minnows
  and shrimp may be taken by hand nets not over forty feet long  and  four
  feet  deep  and  except  that  nets  other  than trawls may be used from
  October 10 to December 31 in that part of such area southerly of a  line
  from  the  lighted beacon at Manhattan Beach to the most southerly point
  on Barren Island and  westerly  of  the  Marine  Parkway  bridge  across
  Rockaway Inlet.
    7. In Gravesend Bay, and in the Atlantic Ocean within one-half mile of
  the  shore  from  Norton's  point  to the municipal bath houses on Coney
  Island and within one-half mile of the shore  from  the  Rockaway  Inlet
  jetty  at  Rockaway  Point  to  the  East Rockaway Inlet jetty at Silver
  Point, nets shall not be used except as follows:
    a. To take minnows or shrimp for bait, hand nets not more  than  forty
  feet long and four feet deep.
    b. To take eels, spears and eel weirs.
    c. To take menhaden, vessels of forty tons or less register using nets
  other  than  trawls,  except  where prohibited by subdivision 13 of this
  section.
    8. In the Carmans river, Suffolk county.
    a. Nets shall not be used in the river north of a  line  running  from
  the  most  southerly point of land within the Wertheim National Wildlife
  Refuge on the western shore of the river easterly to the point where the
  southern boundary of the refuge meets the eastern shore of the river.
    b. Eel pots shall not be used north of the point where Beaver Dam road
  (Brookhaven avenue) meets the river. Between the point where Beaver  Dam
  road  meets  the  river  and  the  line described in paragraph a of this
  subdivision eel pots may be used only to take eels.
    9.  In  Jones'  Inlet,  nets,  except haul seines of not more than one
  hundred twenty feet in length and six feet in depth used  to  take  bait
  fish  or crustacea, shall not be used inshore from an east and west line
  drawn from a point one-half mile  southerly  of  the  municipal  bathing
  pavilion  at  Point  Lookout,  thence  easterly to a point one-half mile
  southerly of the Short Beach Coast Guard tower. The inshore boundary  of
  the  Jones' Inlet area closed to certain netting shall be the bridges of
  the Loop and Meadowbrook Parkway.
    10. In Fire Island Inlet, nets, except during the period of time  from
  April  first  through  May thirty-first haul seines of not more than one
  hundred seventy-five feet in length and twenty feet  in  depth  used  to
  take  bait  fish or crustacea, shall not be used inshore of a line drawn
  from the sea end of the government jetty at Democrat Point to  the  town
  of  Babylon bathing pavilion at Cedar Island Beach. The inshore boundary
  of the Fire Island Inlet area closed to certain  netting  shall  be  the
  Robert Moses bridge to Fire Island.
    11.  Nets shall not be used in Moriches inlet, Shinnecock Inlet and in
  Mecox Inlet nor in the Atlantic Ocean within one-half mile of the shores
  thereof for a distance of one-half mile measured east and west along the
  beach from the east and west shores of the  seaward  entrances  to  such
  inlets.  The  department,  for  law  enforcement  purposes,  may  in its
  discretion erect suitable markers on the beach at the limit points.
    12. In the Connetquoit River nets shall not be used.
    13. In the waters of the Atlantic Ocean and Fire  Island  Inlet,  nets
  shall not be used within one thousand feet of the beach between Rockaway
  Inlet  Jetty  at  Rockaway  Point  and  the headland extending into Fire
  Island Inlet known as the "sore thumb".
    14. In the county of Suffolk.
    a. In the waters lying westerly of an imaginary line  extending  in  a
  general  southerly  direction  from Leaves Point in Southold town to Hay
  Beach Point in Shelter  Island,  and  a  line  extending  in  a  general
  northeasterly  direction from Mashomack Point in Shelter Island to Cedar
  Point at the eastern entrance to Sag Harbor.
    (1) haul seines shall not be used measuring  over  one  hundred  fifty
  fathoms  in  length,  attached to which may be two wings, each measuring
  not more than one hundred fifty fathoms in length with a stretched  mesh
  size including knot of not less than three and one-quarter inches in one
  wing and three and one-half inches in the other wing;
    (2)  the  use  of  haul seines is prohibited from midnight Thursday to
  6:00 P.M. Sunday.
    (3) when permitted by the commissioner, pound or trap nets may be used
  in the waters described in paragraph a of this subdivision provided they
  do not interfere with or obstruct navigation  or  the  carrying  out  of
  shellfish  culture  as  provided in this chapter. Any such pound or trap
  nets shall be marked in accordance with requirements prescribed  by  the
  commissioner.
    b.  Waste  fish  shall  not be left on shore or within the waters five
  hundred feet from shore.
    15. a. Nets shall not  be  used  in  Long  Island  sound  west  of  an
  imaginary  line  from  the  New  York-Connecticut  boundary  shore  line
  extending easterly and southerly to Eaton's Point Neck  on  Long  Island
  from  April 1 to November 1, nor at any time in the waters of Huntington
  Bay,  Lloyd  Harbor,  Northport  Bay  or  Coldspring  Harbor;  provided,
  however,  that  hand nets not more than forty feet long and four feet in
  width may be used to take minnows and shrimp for bait, at any time.
    b. Gill nets shall not be used in Long Island  Sound  or  in  harbors,
  bays  or  other  waters  adjacent  thereto  west  of  an  imaginary line
  extending north from the easterly boundary of the town of Brookhaven  on
  the  north  shore  of  Long Island in the county of Suffolk. However, as
  permitted  under  subdivision  ten of section 13-0329 of this chapter, a
  holder of a commercial lobster license may use no more than one gill net
  not longer than three hundred feet with a stretched  mesh  size  between
  three  and  one-half inches and four and one-quarter inches to take bait
  fish between April 1 and November 15 during each weekly period beginning
  6:00 p.m., Sunday, through 9:00 a.m. Friday,  providing  that  each  net
  will  be  buoyed  on  each  end  and  identified  with  the  permittee's
  commercial lobster license number. The net shall be fished with the  top
  not less than four feet below the surface of the water.
    16.  Unless  permitted  by  statute,  or  licensed or permitted by the
  department, nets shall not be possessed by any person in or on waters of
  the marine district, in the following instances:
    a. Nets of metallic fabric shall not be possessed in or on any  waters
  or within one-half mile thereof;
    b.  In  waters  where  use of trawls is prohibited by section 13-0341,
  such trawls shall not be possessed in the  waters  where  their  use  is
  prohibited, or during any time when such use is so prohibited;
    c. In waters where use of nets other than trawls, or use of trawls; is
  prohibited  by this section, the nets, or trawls, as the case may be, or
  nets of the kind or kinds prohibited, shall  not  be  possessed  in  the
  waters where their use is prohibited or during any time when such use is
  prohibited,  except  that  where  a  provision of this section expressly
  specifies a lesser distance  from  the  water  in  which  possession  is
  prohibited, this section does not enlarge the distance from the water in
  which such possession is prohibited.
    d.  Nothing  in  this  subdivision  shall  be construed as prohibiting
  commercial fishing vessels sailing to or from offshore  fishing  grounds
  from  carrying  on  board  fishing gear that may legally be used in such
  offshore waters even though they must pass through waters where the  use
  of such gear is otherwise prohibited.
    17.  Within  three nautical miles of the Atlantic coastline and in all
  other tidal waters within the state, the use of purse seines for  taking
  food fish is prohibited.
    18. Nets and seines measuring more than twenty-five feet in length and
  four feet in depth shall not be used in the waters of Oyster Bay Harbor.
    19.  a. Gill or trammel nets set or operated in the marine and coastal
  district shall be marked at each end with an orange flag at least twelve
  inches square attached to a mast rising above the surface of  the  water
  at least five feet. Nets operated after dark shall have orange and white
  reflective  tape  attached  to  the  mast  for a minimum one foot length
  immediately below the flag.
    b. No gill or trammel net shall be set or operated in the  marine  and
  coastal district within one thousand feet of a pound or trap net.
    c.  Except  in  the  waters  of the Atlantic Ocean, Long Island Sound,
  Tiana Bay, Shinnecock Bay, Mecox Bay,  Quantuck  Bay,  that  portion  of
  Moriches  Bay within the town of Southampton, and the marine and coastal
  waters lying easterly of  an  imaginary  line  extending  in  a  general
  southerly  direction  from  Cleaves Point in the town of Southold to Hay
  Beach Point in Shelter  Island,  and  a  line  extending  in  a  general
  northeasterly  direction from Mashomack Point in Shelter Island to Cedar
  Point at the eastern entrance to Sag Harbor,  no  gill  or  trammel  net
  shall  be  set  in  the  waters  of the marine and coastal district from
  sunset Friday to sunrise Monday during the period from  April  first  to
  November first.
    d.  Gill  or  trammel  nets set or operated in the waters of the Great
  South Bay shall not exceed twelve hundred feet in length. In addition to
  the requirements in  paragraph  a  of  this  subdivision,  nets  set  or
  operated  in  the Great South Bay shall display surface markers at least
  every  one  hundred  feet.  No  gill  or trammel net shall be set in the
  waters of the Great South Bay from May  first  until  May  thirty-first,
  inclusive.  For  the purposes of this subdivision, Great South Bay shall
  mean the waters extending east from Wantagh State Parkway to  the  Smith
  Point Bridge and southwest to the Robert Moses Inlet Bridge.
    e.  Those  gill and trammel nets set in the waters of the Hudson River
  in accordance with section 11-1511 of this chapter shall be exempt  from
  the provisions of this subdivision.
    f.  The  use  of  gill  or trammel nets for the taking of blackfish is
  prohibited.