N.Y. Comp. Codes R. & Regs. tit. 6 § 10.2

Current through Register Vol. 46, No. 41, October 9, 2024

Section 10.2 - Boundary water fishing regulations

(a) Lake Erie, Lake Ontario, Niagara River and St. Lawrence River.

(1) Notwithstanding the provisions of section 10.1 of this Part and in accordance with Table A in paragraph (2) of this subdivision, no person, when fishing in Lake Erie, Lake Ontario, Niagara River and St. Lawrence River and their tributaries upstream to the first barrier impassable to fish except tributaries to the St. Lawrence River in Franklin County and Clinton County which are exempt from regulations in this section, shall take or possess on these waters or the shores thereof fish of the species listed:

(i) other than during the open season specified for such species;

(ii) of a size less than specified for such species; and

(iii) in excess of the daily limit for such species.

(2) Fishing regulations for Lake Erie, Lake Ontario, Niagara River, St. Lawrence River and their tributaries to the first barrier impassable by fish, except Cattaraugus Creek where Lake Erie and tributary regulations extend to the Springville Dam.

(i) Brook trout, black bass, pickerel, whitefish, bullheads, carp, catfish, cisco, crappies, rock bass, sauger, suckers, sunfish, white bass, white perch, and any fish not specified in Table A of this subdivision: General Angling Regulations, as provided in section 10.1 of this Part, apply.

(ii) Table A-Special regulations for Lake Erie, Lake Ontario, Niagara River and St. Lawrence River.

Water	Species	Open season	Minimum length	Daily limit
(a) Lake Erie	Brown trout Rainbow trout (including steelhead) Coho salmon Chinook salmon	All year	12"	3 in any combination
Lake trout	All year	12"	1
Northern pike	May 1 through March 15	22"	5
Walleye	May 1 through March 15	15"	6
Muskellunge and Tiger Muskellunge	June 15 through December 15	54"	1
Black bass	December 1 through June 14	20"	1
June 15 through November 30	12"	5
Lake Sturgeon	CLOSED, POSSESSION PROHIBITED
(b) Upper Niagara River	Brown trout Rainbow trout (including steelhead) Coho salmon Chinook salmon	All year	Any size	3 in any combination
Lake trout	All year	12"	1
Northern pike	May 1 through March 15	22"	5
Walleye	May 1 through March 15	15"	6
Muskellunge and Tiger Muskellunge	June 15 through December 15	54"	1
Black Bass north of the Peace Bridge	Statewide Angling Regulations Apply
Lake Sturgeon	CLOSED, POSSESSION PROHIBITED
(c) Lake Ontario, St. Lawrence River	Brown trout Rainbow trout (including steelhead) Coho salmon Chinook salmon	All year	15" except for Rainbow trout (including steelhead): -21" in the lake -25" in tributaries	3 in any combination not to include more than two rainbow trout (or steelhead) in the lake, and not to include more than one rainbow trout (or steelhead) and one brown trout in the tributaries
Except 9" and 3 fish daily for brown trout in Irondequoit Creek upstream of the south side of Route 286 bridges, Lindsey Creek, and the Black River from Dexter Dam to Mill Street Dam (Jefferson County)
Lake trout	December 1 through September 30	None	2 except no more than 1 shall be between 25" and 30"
Atlantic salmon	All year	25"	1
Muskellunge and Tiger Muskellunge	June 15 through December 15	54"	1
Northern pike, Lake Ontario	May 1 through March 15	22"	5
Northern pike, St. Lawrence River (downstream of Tibbets Point) and tributaries	May 1 through March 15	22"	3
Black bass, Lake Ontario and tributaries except in Jefferson County and St. Lawrence River and tributaries	Statewide Regulations Apply
Black bass, Lake Ontario and tributaries in Jefferson County and St. Lawrence River and tributaries	June 15 through November 30	12"	5
Walleye	May 1 through March 15	18"	3
Lake Sturgeon, American eel	CLOSED, POSSESSION PROHIBITED
Yellow perch in Jefferson County	All year	Any size	None
(d) Lower Niagara River	Brown trout Rainbow trout (including steelhead) Coho salmon Chinook salmon Lake trout Atlantic salmon	All year, except December 1 through September 30 for Lake trout	15", except 21" for Rainbow trout, none for Lake trout, and 25" for Atlantic salmon	3 in any combination, not to include more than 1 Atlantic salmon, 2 rainbow trout (steelhead) or 2 Lake trout except only 1 Lake trout may be between 25" and 30"
Muskellunge and Tiger Muskellunge	June 15 through December 15	54"	1
Northern pike	May 1 through March 15	22"	5
Walleye	May 1 through December 31	18"	3
January 1 through March 15	18"	1
Black bass	Statewide Regulations Apply
Lake Sturgeon, American eel	CLOSED, POSSESSION PROHIBITED

(b) Additional special fishing regulations for Lake Erie, Lake Ontario, Niagara River and St. Lawrence River and their tributaries upstream to the first barrier impassable by fish. No person, when fishing in these waters, may:

(1) engage in any action to frighten fish and move them from concealment, including herding, driving, kicking and stoning;

(2) possess foul-hooked fish, i.e., fish not hooked in the mouth;

(3) fail to immediately return foul-hooked fish to the water;

(4) take or attempt to take fish by snatching or any other fishing technique that results in fish being intentionally foul-hooked;

(5) fish at any time, unless otherwise posted by the department, in Beaverdam Brook and its tributaries, Oswego County, from their mouths to the upstream boundary of the Salmon River Hatchery property, or within 100 yards of any department fish collection device.

(6) fish from March 16 through April 30 on the following waters:

(i) Oswegatchie River from north side of the lower most bridge, St. Rte. 68, upstream to the dam in Ogdensburg

(ii) Little Sandy Creek in Oswego County from the State Route 3 bridge downstream 850 feet to the intersection of the channelized area and upstream 1.0 mile from the bridge to the Public Fishing Rights section

(iii) Grasse River from the downstream side of the ALCOA Road bridge upstream to the upstream side of the Main Street bridge in the Village of Massena in St. Lawrence County

(c) Additional special fishing regulations for Great Lakes tributaries.

(1) Tributaries of Lake Erie and Lake Ontario.

(i) The special regulations set forth in this paragraph shall apply to that portion of each tributary that runs from the bridge closest to the mouth upstream to the first barrier impassable by fish, except that the area of applicability for the following tributaries shall be as specifically provided below:

(a) Cattaraugus Creek (Erie and Cattaraugus Counties) from the Aldrich Street extension bridge in Gowanda upstream to Springville Dam.

(b) Eighteenmile Creek (Niagara County) from the Route 18 bridge upstream to Burt Dam.

(c) Oak Orchard Creek (Orleans County) from the power lines that are 1.9 miles upstream (south) of Route 18 bridge upstream to Waterport Dam.

(d) Sterling Creek (Cayuga County) from Old State Road to impassable barrier upstream of Route 104A.

(e) Sterling Valley Creek (Cayuga County) from McIntyre Road to impassable barrier upstream of Route 104A.

(f) Oswego River (Oswego County) from the Utica Street bridge upstream to the Varick Dam.

(g) Catfish Creek (Oswego County) from mouth upstream to dam at County Route 1.

(h) Black River (Jefferson County) from the upstream tip of the lowermost island to Mill Street Dam in Watertown.

(i) Buffalo River and tributaries of Buffalo River from the I-90 (NYS Thruway) bridge upstream to first barrier impassable by fish.

(j) Genesee River (Monroe County) from the State Route 104 Bridge upstream to the Lower Falls.

(ii) From September 1st through March 31st of the following year, the following regulations shall apply to Lake Ontario tributaries:

(a) Fishing from one-half hour after sunset to one-half hour before sunrise is prohibited, except in the Black River (Jefferson County) from Lake Ontario upstream to Route 180 bridge in Dexter.

(b) Hooks attached to any lure, except an artificial fly as defined in section 19.1 of this Title or jigs, shall be free-swinging.

(c) Hooks shall not have a gap (distance between the shank and the point) greater than one-half inch.

(d) Use of hooks with added weight is prohibited, except that artificial flies and jigs weighing no more than one-eighth ounce are permitted.

(e) The distance between the hook, artificial fly or lure and any weight attached to the line or leader, whether fixed or sliding, shall not exceed four feet.

(f) Weight shall not be added to the line, leader, swivels, artificial fly or lure in any manner such that the weight hangs lower than the attached hook, artificial fly or lure when the line or leader is suspended vertically from the rod.

(g) Use of more than one hook is prohibited, except that multiple hooks attached to floating lures are permitted as noted in "special provisions for floating lures" in clause (i) of this subparagraph.

(h) The use of hooks having more than one point is prohibited, except that double or treble hooks attached to floating lures are permitted as noted in "special provisions for floating lures" in clause (i) of this subparagraph. Artificial flies, as defined in 19.1(a)(3), are permitted with no more than two hook points on all Great Lakes tributaries.

(i) Special provisions for floating lures:

(1) A floating lure is a lure that floats while at rest in water with or without any weight attached to the line, leader or lure.

(2) Multiple, single, double or treble hooks are permitted on floating lures.

(3) Any hooks on a floating lure, other than an artificial fly as defined in section 19.1 of this Title, must be attached thereto by a ring or swivel.

(4) The distance between the body of a floating lure and the points of any attached hooks shall not exceed one and one-half inches.

(iii) From September 1st through March 31st of the following year, the following regulations shall apply to Lake Erie tributaries:

(a) Fishing from one-half hour after sunset to one-half hour before sunrise is prohibited.

(b) Hooks attached to any lure, except an artificial fly as defined in section 19.1 of this Title or jigs, shall be free-swinging.

(c) Hooks shall not have a gap (distance between the shank and the point) greater than one-half inch.

(iv) From April 1st through August 31st, subdivision (a) of this section shall apply. For species not listed in subdivision (a) of this section, general angling regulations listed in section 10.1(b) of this Part shall apply.

(v) The special regulations set forth in this paragraph shall not apply to:

(a) tributaries of the St. Lawrence River in Franklin and Clinton Counties;

(b) Niagara River (Erie and Niagara Counties);

(c) Round Pond, Buck Pond, Long Pond, Cranberry Pond and Irondequoit Bay (Monroe County);

(d) Sodus Bay (Wayne County); and

(e) Salmon River, its tributaries, and South Sandy Pond (Oswego County).

(f) Chautauqua Creek from the bridge on South Gale Street upstream 1.3 miles to the upper dam used by the Village of Westfield for water intake.

(g) Main branch of Eighteen Mile Creek, excluding South Branch, contained with the Eighteen Mile Creek County Park.

(2) Salmon River (Oswego County). The special regulations set forth in this paragraph shall apply to the Salmon River from the upstream most navigation buoy located between the breakwalls at the mouth of the river upstream to the County Route 52 Bridge in Atmar and all tributaries of that section.

(i) From April 15th through August 14th, subdivision (a) of this section shall apply. For species not listed in subdivision (a) of this section, general angling regulations listed in section 10.1(b) of this Part shall apply.

(ii)

(a) Fishing from one-half hour after sunset to one-half hour before sunrise is prohibited, except fishing is permitted 24 hours per day downstream of the Route 3 bridge from April 1® through August 14

(b) Hooks attached to any lure, except an artificial fly as defined in section 19.1 of this Title, shall be free swinging.

(c) Hooks shall not have a gap (distance between the shank and the point) greater than one-half inch except as noted in "special provisions for floating lures" in clause (i) of this subparagraph.

(d) Use of hooks with added weight is prohibited, except that artificial flys with no more than one-eighth ounce added weight are permitted. For the purpose of this paragraph, the method by which weight is added to a hook does not affect classification of the hook as an artificial fly, provided the hook otherwise meets the definition of an artificial fly as defined in section 19.1 of this Title.

(e) Weight shall not be added to the line, leader, swivels, artificial fly or lure in any manner such that the weight hangs lower than the attached hook, artificial fly or lure when the line or leader is suspended vertically from the rod, except from Lake Ontario upstream to the Route 3 bridge from April 1st through August 14th.

(f) The distance between the hook, artificial fly or lure and any weight attached to the line or leader, whether fixed or sliding, shall not exceed four feet.

(h) Use of hooks having more than one point is prohibited, except that double or treble hooks attached to floating lures are permitted as noted in "special provisions for floating lures" in clause (i) of this subparagraph.

(i) Special provisions for floating lures:

(1) A floating lure is a lure that floats while at rest in water regardless of any weight attached to the line, leader or lure.

(2) Multiple single, double or treble hooks are permitted on floating lures from November 1st through August 14th.

(3) Any hooks on a floating lure, other than an artificial fly as defined in section 19.1(c) of this Title, must be attached thereto by a ring or swivel or from August 15th through October 31st, a bead chain attached to the lure with a ring.

(4) The distance between the body of a floating lure and the points of any attached hooks shall not exceed one and one-half inches except the bead chain configuration permitted in subclause (i)(3) of this subparagraph may not exceed a distance of three and one half inches between the body of the floating lure and the hook point.

(5) The hook in the bead chain configuration permitted in subclause (i)(3) of this subparagraph shall not have a gap greater than five-eights inch.

(3) Additional special fishing regulations for Lake Erie, Lake Ontario, Niagara River, and St. Lawrence tributary stream segments regulated as catch and release only.

(i) This paragraph shall apply to the following stream segments:

(a) Chautauqua Creek (Chautauqua County) from the bridge on South Gale Street upstream 1.3 miles to the upper dam used by the Village of Westfield for water intake.

(b) Main branch of Eighteen Mile Creek (Erie County), excluding South Branch, contained within the Eighteen Mile Creek County Park.

(ii) The stream sections listed in subparagraph (i) of this paragraph shall be open all year to catch and release fishing only. All trout and salmon caught shall be returned to the water immediately without unnecessary injury.

(iii) From April 1^st through August 31^st, only artificial lures or artificial flies shall be used.

(iv) The following regulations shall apply from September 1st through March 31st of the following year:

(a) fishing from one-half hour after sunset to one-half hour before sunrise is prohibited;

(b) only artificial lures or artificial flies may be used and shall meet the following restrictions:

(1) hooks attached to any lure, except an artificial fly as defined in section 19.1 of this Title, shall be free swinging;

(2) hooks shall not have a gap (distance between the shank and the point) greater than one-half inch;

(3) use of hooks with added weight is prohibited, except that artificial flies with no more than one-eighth ounce added weight are permitted;

(4) the distance between the hook, artificial fly or lure and any weight attached to the line or leader, whether fixed or sliding, shall not exceed four feet;

(d) Additional special fishing regulations for all waters tributary to Lake Ontario from the lower most bridge upstream to the first barrier impassible by fish; rainbow trout and steelhead; daily creel limit one fish.

(e) Reserved for future amendment. See editorial note at beginning of this Part.

(f) Additional special fishing regulations for the Salmon River, Oswego County, from County Route 52 bridge upstream to Lighthouse Hill Reservoir. Unless permitted by the Department, no person may fish at any time except from County Route 52 bridge in Altmar upstream to a marked boundary at Beaverdam Brook from September 15 through May 15 and from a marked boundary upstream of the New York State Salmon River Fish Hatchery property upstream approximately 0.6 mile to a marked boundary at the Lighthouse Hill Reservoir tailrace from April 1st through November 30th No person, while fishing in these places during these times, shall:

(1) fish from one-half hour after sunset to one-half hour before sunrise;

(2) use fishing tackle other than a traditional fly fishing rod, reel and line;

(3) use other than single artificial flies, including weighted flies, which are permitted;

(4) use a weighted fly with more than one-eighth ounce added weight;

(5) add weight to the line, leader, swivels or artificial fly in any manner such that the weight hangs lower than the attached fly when the line or leader is suspended vertically from the rod;

(6) use less than 20 feet of floating, sinking, or combination floating/sinking flyline, or shooting head immediately behind the leader and in front of any running line or other backing;

(7) use supplemental weight such that the weight is the primary means of propelling the cast rather than the fly line or shooting head;

(8) use a hook with more than one hook point or with a gap of greater than one-half inch;

(9) use a leader, including tippet, measuring in excess of 15 feet;

(10) place additional weight on the line or leader, whether fixed or sliding at a distance exceeding four feet from the fly; and

(11) fail to immediately release all fish without unnecessary injury.

(g) Lake Champlain and its tributaries.

(1) Notwithstanding the provisions of section 10.1 of this Part and in accordance with Table C in paragraph (2) of this subdivision, it is unlawful for any person, when fishing in Lake Champlain and its tributaries to the first barrier impassable by fish, but exclusive of the Barge Canal upstream from its confluence with Lake Champlain at Lock 12 in the Village of Whitehall and the Poultney River at East Bay Road, to take or possess on these waters or the shores thereof fish of the species listed:

(i) other than during the open season specified for such species;

(ii) of a size less than that specified for such species;

(iii) in excess of the daily limit specified for such species.

(2) Table C- Fishing regulations for Lake Champlain and its tributaries.

	Species	Open Season	Minimum length	Daily limit
(a)	Trout	All year	12"	3
	Lake Trout	All year	15"	3
	Landlocked Salmon	All year	15"	2
(b)	Black Bass	Second Saturday in June through November 30	12"	5
		December 1 through the Friday preceding the second Saturday in June Catch and release only; artificial lures only	Catch and release only; artificial lures only
(c)	Walleye	First Saturday in May through March 15	18"	3
(d)	Muskellunge	Last Saturday in May through November 30th	40"	1
(e)	Northern Pike	All year	20"	5
(f)	Crappie	All year	8"	25
(g)	Pickerel	All year	Any size	10
(h)	Yellow perch and Sunfish	All year	Any size	Any number
(i)	Lake Sturgeon, Mooneye and Sauaer	May not be taken or possessed at any time.

(3) Additional special regulation for Lake Champlain:

(i) Spear guns or underwater guns may not be used to take fish on Lake Champlain.

(ii) No person may fish with more than two lines and each line shall have no more than two baited hooks or artificial lures with or without added natural bait.

(h) Additional special trout and landlocked Atlantic salmon fishing regulations for certain tributaries of Lake Champlain. Notwithstanding any other provisions of this Part, the following regulations apply:

(1) Fishing from boats is prohibited in:

(i) the Saranac River from Catherine Street bridge upstream to Imperial Mill Dam; and

(ii) the Ausable River beginning at the marked boundary 800 feet west of the first State Route 9 bridge upstream from Lake Champlain, continuing upstream and ending at Rainbow Falls.

(2) From June 15th through December 31st in the Saranac River from Catherine Street bridge upstream to Imperial Mill Dam, Ausable River from D&H Railroad bridge upstream to Rainbow Falls, North Branch Boquet River and tributaries from mouth to first upstream barrier, and Boquet River from mouth upstream to Wadhams Falls, no person may:

(i) use a hook with a gap greater than 1/2 inch;

(ii) engage in fishing from one-half hour after sunset to one-half hour before sunrise;

(iii) use lures or bait other than unweighted artificial flies or unweighted natural baits except that floating lures with one free-swinging hook are permitted on the Saranac River;

(iv) attach supplemental weight, such as metal leaders, sinkers, split-shot, twistons, or swivels to the line, leader or bait.

(3) No person may engage in fishing in the North Branch Boquet River and its tributaries and Mill Brook (in Port Henry) from mouth to falls west of Route 22 from October 1st through December 31st.

(4) No person may engage in fishing at anytime in the Boquet River from the Route 22 bridge in Willsboro, downstream approximately 1500 feet to the marked boundary at the base of the cascades.

(5) No person may engage in fishing at any time in the Ausable Boat Basin at the mouth of Ausable Chasm between posted boundaries.

(i) Fishing regulations for Delaware River and its West Branch bordering the Commonwealth of Pennsylvania.

(1) Notwithstanding the provisions of section 10.1 of this Part and in accordance with Table D in paragraph (2) of this subdivision, no person, when fishing in the Delaware River and its West Branch, in which New York and Pennsylvania share a common boundary, shall take or possess on these waters or the shores thereof fish of the species listed:

(i) other than during the open season specified for such species;

(ii) of a size less than that specified for such species or a size outside of the slot limit; and

(iii) in excess of the daily limit specified for such species.

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

Species	Open season	Minimum length or slot limit	Daily limit
(a)	Trout	First Saturday after April 11 through October 15	14" in Delaware River; 12" in W. Br. Delaware River	1 in Delaware River; 2 in W. Br. Delaware River
October 16 through the Friday preceding the first Saturday after April 11	Catch and release only	Artificial lures only in W. Br. Delaware River
(b)	Black bass	First Saturday after June 11 through the Friday preceding first Saturday after April 11	12"	5
First Saturday after April 11 through Friday preceding first Saturday after June 11	Catch and release only
(c)	Walleye	1st Saturday in May through March 14	18"	3
(d)	Muskellunge and Tiger Muskellunge	All year	40"	1
(e)	Pickerel	All year	12"	5
(f)	Striped bass	All year	28" to 31" TL (total length see ECL § 13-0339(4))	1
(g)	Anadromous River Herring (Alewife and Blueback Herring)	Possession prohibited

(j) Greenwood Lake fishing regulations.

(1) Notwithstanding the provisions of section 10.1 of this Part and in accordance with Table E in paragraph (2) of this subdivision, no person, when fishing in Greenwood Lake in Orange County, shall take or possess on these waters or the shores thereof fish of the species listed:

(i) other than during the open season specified for such species;

(ii) of a size less than that specified for such species; and

(iii) in excess of the daily limit specified for such species.

(2) Table E--Greenwood Lake fishing regulations.

Species	Open season	Minimum length	Daily limit
(a)	Black Bass	Third Saturday in June through November 30 December 1 through the Friday preceding the third Saturday in June	12"	5
Catch and release only
(b)	Pickerel	All year	15"	5
(c)	Muskellunge and Tiger Muskellunge	All year	44"	1
(d)	Walleye	May 1 through last day of February	18"	3
(e)	Channel Catfish	All year	12"	5
(f)	Crappie	All year	8"	10

(3) Ice fishing is permitted for the taking of any species during its open season. Seven tip-ups may be used.

(k) Special fishing regulations for Indian Lake in Dutchess County.

(1) Black bass and pickerel may be taken from 6 a.m. on the third Saturday in April to November 30th.

(2) Daily limit is six for black bass and six for pickerel.

(3) Minimum length is 12 inches for black bass and 15 inches for pickerel.

(4) Fishing is prohibited from 12 a.m. on April 1st to 6 a.m. on the third Saturday in April

N.Y. Comp. Codes R. & Regs. Tit. 6 § 10.2

Amended New York State Register August 5, 2015/Volume XXXVII, Issue 31, eff. 8/5/2015

Amended New York State Register January 06, 2016/Volume XXXVIII, Issue 01, eff. 1/6/2016

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