N.Y. Comp. Codes R. & Regs. tit. 6 § 35.2

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Current through Register Vol. 46, No. 45, November 2, 2024

Section 35.2 - Taking bait fish with nets and traps for commercial purposes

(a) For the purposes of this section, bait fish shall be:

(1) Golden shiner (Notemigonus crysoleucas).

(2) Emerald shiner (Notropis atherinoides).

(3) Fathead minnow (Pimephales promelas).

(4) Bluntnose minnow (Pimephales notatus).

(5) Spottail shiner (Notropis hudsonius).

(6) Creek chub (Semotilus atromaculatus).

(7) White sucker (Catostomus commersonii).

(8) Common shiner (Luxilus cornutus).

(9) Blacknose dace (Rhinichthys atratulus).

(10) Longnose dace (Rhinichthys cataractae).

(11) Northern hogsucker (Hypentelium nigricans).

(12) Fallfish (Semotilus corporalis).

(13) Northern redbelly dace (Phoxinus eos).

(14) Logperch (Percina caprodes).

(15) Banded killifish (Fundulus diaphanus).

(16) Land-locked alewife (Alosa pseudoharengus) as defined in Part 10 of this Title.

(17) Rainbow smelt (Osmerus mordax).

(18) Mummichog (Fundulus heteroclitus).

(19) Atlantic menhaden (Brevoortia tyrannus).

(20) American eel (Anguilla rostrata).Note:

(21) Eastern silvery minnow (Hybognathus regius).

(22)Stonecat (Noturus flavus).

(23) Tadpole madtom (Noturus gyrinus).

(24) Margined madtom (Noturus insignis).

(25) Brindled madtom (Noturus miurus).

(b) No person licensed to take bait fish shall take bait fish with nets or traps in any waters of the State other than specially designated waters.

(c) Notwithstanding the provisions of subdivision (b) of this section, no person licensed to take bait fish shall take smelt with nets or traps from Upper and Lower Saranac Lakes, Lake Champlain or the Hudson River and tidal waters.

(d) For the purposes of this section, specially designated waters shall be the private ponds specified in a person's bait fish license, the marine district (as described in section 13-0103 of the Environmental Conservation Law), and the following:

(1) Albany County. Black Creek; Bozen Kill; Cohoes Power and Light Company Canal; Hudson River and tidal waters; Little River, Town of Colonie; Mohawk River; Normans Kill; Old Champlain Canal, City of Cohoes; Old Erie Canal; Onderdonk Lake.

(2) Allegany County. Van Campen Creek, from mouth to junction with South Branch.

(3) Broome County. Big Snake Creek; Bull Creek; Carlin Creek; Castle Creek, from mouth to main highway bridge at Castle Creek; Chenango River; Choconut Creek; Little Snake Creek; Nanticoke Creek, from mouth to bridge at Union Center; Occanum Creek; Osborne Creek, from mouth to Sanitaria Springs; Otselic Creek; Page Brook; Park Creek; Sage Creek; Still Creek; Susquehanna River; Tioughnioga River; Tracey Creek, from mouth to State line; West Branch Delaware River.

(4) Cattaraugus County. Great Valley Creek, from Route 417 to mouth of Wrights Creek; Mill Creek in Town of Conewango; Tunungwant Creek (Tuna Creek); West Branch Conewango Creek from mouth in Town of Leon upstream to county line.

(5) Cayuga County. Barge Canal (Seneca Canal); Cayuga Lake and Canal; Crane Brook; Cross Lake; Fair Haven Bay (Little Sodus Bay); Lake Como; Lake Ontario; Little Gully, Town of Springport; North Brook, from Route 31 to Seneca River; Paines Creek, Town of Ledyard; Seneca River; Sennett Brook, from N.Y.C.R.R. main line to Seneca River; Sterling Valley Creek, from road bridge on Route 104 to Lake Ontario.

(6) Chautauqua County. Alder Bottom Creek; Baker Creek in Town of Busti; Brokenstraw Creek, from State line to Jaquins Pond: Canadaway Creek, from mouth to Route 5; Cattaraugus Creek, from mouth to Route 5; Crooked Brook, from mouth to Route 5; Dry Brook in Town of Poland; East Branch of Little Brokenstraw; Frew Run; Kiantone Creek, Lake Erie; Lindquist Creek in Town of Busti; Little Canadaway Creek, from mouth to Route 5; Silver Creek, from mouth to Route 5; Stillwater Creek in Town of Kiantone only; town stream, downstream of Clymer Pond only; Twentyeighth Creek in Town of Ellington; Walnut Creek, mouth to Route 5.

(7) Chemung County. Baldwin Creek; Chemung River; Goldsmith Creek; Seeley Creek.

(8) Chenango County. Balsam Pond; Brackett Lake; Canaswacta Creek, from U.S.G.S. gauging station to Chenango River; Chenango River; Genegantslet Creek, from Route 12 bridge to Chenango River; Long Pond; Susquehanna River; Unadilla River.

(9) Clinton County. Lake Champlain.

(10) Columbia County. Hudson River and tidal waters; Stockport Creek, from Hudson River to first dam on Kinderhook Creek.

(11) Cortland County. Otselic River, below community of Lower Cincinnatus, Town of Cincinnatus; Tioughnioga River, from road bridge in community of Messengerville to junction of East Branch and West Branch of Tioughnioga River; Big (Tully), Goodale, Little York and Song Lakes, Town of Preble.

(12) Delaware County. Big Pond, Town of Andes; Charlotte Creek, downstream from community of Davenport; Mud Lake, Town of Andes; Susquehanna River; Titus Lake, Town of Harpersfield; West Branch of the Delaware River.

(13) Dutchess County. All streams west of Route 9, but not the Saw Kill, Town of Red Hook, or Clove Brook (Highland Stream), Town of Fishkill; Casper Creek; Fall Kill, Towns of Poughkeepsie and Hyde Park; Hudson River and tidal waters; Little Wappinger Creek, from source to dam at Salt Point; Wappinger Creek and tributaries, mouth to dam at Red Oak Mills; Sylvan Lake, Town of Beekman.

(14) Erie County. Buffalo River, from mouth to the South Ogden Street Bridge; Big Sister Creek, from mouth to Route 5; Eighteen Mile Creek, from mouth to Route 5; Ellicott Creek, from mouth to Route 62; Lake Erie; Little Sister Creek, from mouth to Route 5; Niagara River; Tonawanda Creek/Erie Barge Canal, from Niagara River east to junction with Barge Canal near Pendleton in Niagara County; tributaries to Niagara River on Grand Island, from their mouths to a point 100 feet upstream of the first highway bridge crossing except Big Six Mile Creek for which Whitehaven Road is the upstream limit (also subject to State parks permit where required).

(15) Essex County. Lake Champlain; Lake Flower[, Minerva Lake, Town of Minerva; Moxham Pond, Town of Minerva; Putts Creek, from mouth to Route 9N; Putts Pond, Town of Ticonderoga; Ray Brook Pond, Town of North Elba; Saranac River, in Town of St. Armand (from Village of Saranac Lake downstream to mouth of Cold Brook); Wilcox (Carey) Pond, Town of Schroon].

(16) Franklin County. Lake Flower; Lower and Upper Saranac Lakes; Raquette River; Tupper Lake.

(17) Fulton County. None.

(18) Genesee County. Tonawanda Creek, from Batavia Dam to Indian Falls Dam at Indian Falls.

(19) Greene County. Catskill Creek, below Rushmore Dam; Hudson River and tidal waters; Murderers Creek; Sickles Creek.

(20) Hamilton County. Towns of Indian Lake and Lake Pleasant: Indian Lake; Town of Lake Pleasant: Lake Pleasant; Town of Long Lake: Long Lake.

(21) Herkimer County. Bald Mountain Creek, Beaver Brook, Town of Herkimer; Minnow Brook; Mohawk River and Barge Canal; Sterling Creek.

(22) Jefferson County. Beaver Meadow Creek; Bedford Creek; Butterfield Lake; Chaumont River; Clear Lake; Cranberry Creek; Crooked Creek; Flat Rock Creek; Fox Creek; French Creek and tributaries, excepting lower three miles of French Creek; Grass Lake; Guffins Creek; Horse Creek; Hyde Creek; Hyde Lake; Indian River, west of Route 11; Lake Ontario; Little Stony Creek and tributaries, all above the first road crossing (not including Six Town Pond); Mill Creek and tributaries, from first road crossing to Stowell Corners; Moone Lake; Mud Creek; Mullet Creek and tributaries, excepting Mullet Creek below Route 12; Muskalonge Creek; Muskalonge Lake; North Sand Creek, from the highway bridge in Woodville upstream to the Ellisburg-Adams town line; Otter Creek and tributaries; Perch River; Philomel Creek and tributaries; Red Lake; St. Lawrence River; Skinner Creek and tributaries, downstream from the Lum Road, also called McDonald Hill Road, located approximately 3.5 miles southwest of Mannsville; South Sandy Creek, from bridge at Ellisburg on Route 193 upstream to Route 11; Stony Creek, above Henderson Pond upstream to the bridge on the Adams Center Sackets Harbor County Road, also known as South Harbor Road; Three Mile Creek.

(i) No person licensed to take bait fish shall use nets longer than 10 feet to take bait fish in Lake Ontario and the St. Lawrence River, March 1st through June 10th.

(ii) No person licensed to take bait fish shall take bait fish with nets or traps in any waters in Jefferson County east of US Route 11.

(23) Livingston County. Hemlock Lake.

(24) Madison County. Cazenovia Lake, except that part known as Brights Bay situated to the north and west of an imaginary line drawn from Shattucks Point to Allens (Owera) Point; Chittenango Creek from Route 31 to Oneida Lake; Erie Canal; main inlet to Cazenovia Lake (at north end of lake) north of road bridge located one tenth mile north of Cazenovia Lake; Oneida Creek from mainline N.Y.C.R.R. to Oneida Lake; Sangerfield River from road bridge one-half mile upstream from Hubbardsville to source; Unadilla River, downstream from West Edmeston Bridge.

Note:As provided by section 11-1309 of the Environmental Conservation Law, fishing for all species of fish is prohibited in Chittenango Creek from its mouth to the mainline tracks of the New York Central railroad during the closed season for walleye March 2nd through April 30th.

(25) Monroe County. Barge Canal; Braddocks Bay; Buck Pond; Cranberry Pond, East Lake, Town of Sweden; Genesee River; Irondequoit Bay; Lake Ontario; Long Pond; Round Pond; Salmon Creek, north of Ridge Road.

(26) Montgomery County. Auriesville Creek; Mohawk River and Barge Canal; Old Erie Canal.

(27) Niagara County. Barge Canal Lake Ontario; Niagara River including the Little Rivers; Tonawanda Creek/Erie Barge Canal, from Niagara River east to junction with Barge Canal near Pendleton; East Branch Twelve Mile Creek, from mouth to Route 18.

(28) Oneida County. Barge Canal; Black Creek; Town of Verona; Fish Creek from junction with Barge Canal to Fish Creek Landing; Mohawk River below City of Rome; Old Erie Canal; Oneida Creek from mainline tracks of N.Y.C.R.R. to Oneida Lake; Oneida Lake; Sauquoit Creek from railroad bridge at Capron to Mohawk River.

(29) Onondaga County. Big Lake; Chittenango Creek, from Route 31 to Oneida Lake; Cross Lake; Erie Canal, east of Limestone Aqueduct; Ley Creek; Mud Creek from Oneida River to State Highway 31 at Euclid; Nine Mile Creek from mouth to Camillus; Oneida Lake; Oneida River; Onondaga Lake; Onondaga Outlet; Oswego Canal; Seneca River; State Ditch; Youngs Creek from Oneida River to first road to the east crossing the creek.

(30) Ontario County. Canadaigua Lake; Canadice Lake; Fall Brook, Towns of Canandaigua and Hopewell; Flint Creek; Hemlock Lake; Honeoye Lake; Honeoye Lake Outlet (Honeoye Creek), Towns of Richmond and West Bloomfield; Marsh Creek, Towns of Geneva and Phelps; Seneca Lake; Sucker Brook, Town of Canandaigua.

(31) Orange County. Bushfield Creek; Hudson River and tidal waters; Neversink River from Tri-State Rock to bridge at Godeffroy; Otter Kill; Shawangunk Kill from Wallkill River to bridge at Bruynswick; Wallkill River, City of Newburgh; Crystal Lake, Dickson Pond, Gidneytown Creek, Muchattoes Lake, Quassaic Creek, Town of Blooming Grove; Cromline Creek, Town of Deerpark; Basher Kill from the Neversink to the railroad bridge at Westbrookville, Town of Hamptonburgh; Burnside Pond, Town of Montgomery; Mother Kill, Town of New Windsor; Moodna Creek, Town of Warwick; Greenwood Lake; Pochuck Creek.

(32) Orleans County. Barge Canal; Johnson Creek, from Kuckville to Lake Ontario; Lake Ontario; Oak Orchard Creek, from Waterport to Lake Ontario; Swetts Dam (Medina Dam).

(33) Oswego County. Blind Creek and tributaries west of Route 11; Catfish Creek north of the hamlet of New Haven; Eight Mile Creek north of Route 104A; Lake Ontario; Lindsey Creek to Jefferson county line; first tributary of Lindsey Creek, lower one-half mile; Little Sandy Creek west of Route 11; Nine Mile Creek north of Route 104A; Oneida Lake; Oneida River; Oswego Canal; Oswego River; Ox Creek; Rice or Three Mile Creek north of Fruit Valley; Salmon River from Pulaski to Lake Ontario; Skinner Creek; all streams in Towns of Hastings, West Monroe and Constantia, from Oneida Lake to Route 49; North Sandy Pond.

(i) No person licensed to take bait fish shall take bait fish with nets or traps in Scriba Creek from Oneida Lake to Route 49 from December 16th through September 14th of the following year.

(ii) No person licensed to take bait shall take bait fish in North Sandy Pond or take such fish with seines longer than 150 feet from May 16th through September 14th of the following year.

(34) Otsego County. Butternut Creek, mouth to Gilbertsville; Charlotte Creek; Crumhorn Lake; Fish Creek to Route 28 bridge; Goeys Lake (Little Pond), Town of Hartwick; Goodyear Lake; Hyder Creek, Town of Richfield; Lidell Creek, Town of Exeter; Oakes Creek, Towns of Otsego and Exeter; Otsego Lake; Canadarago Lake (Schuyler Lake); Shadow Brook, to Rathbun Road bridge, Town of Springfield; Susquehanna River; Unadilla River, downstream from West Edmeston bridge; Wharton Creek, mouth to Hoboken Pond.

(35) Putnam County. Hudson River and tidal waters; Indian Lake; Oscawanna Lake; Peach Lake.

(36) Rensselaer County. Browns Brook, mouth to Route 7; Burden Pond, City of Troy; Deep Kill, mouth to Deep Kill Reservoir; Green Creek (Papscane Creek), Town of Schodack; Hoosic River from Route 67 bridge at Eagle Bridge downstream to bridge at Valley Falls; Hudson River and tidal waters; Mill Ponds; Village of Averill Park; Moordener Kill, mouth to first dam upstream; Poesten Kill, mouth to Beldens Pond; Quackenderry Hollow Stream, City of Rensselaer; Red Mill Pond, City of Rensselaer and Town of East Greenbush; Schodack Creek, Tomhannock Creek, from dam at outlet of Tomhannock Reservoir to Hoosic River; Wynants Kill mouth to Winter Street bridge.

(37) Rockland County. Hackensack Creek from New Jersey state line to DeForest Dam; Hudson River and tidal waters.

(38) St. Lawrence County. Black Lake; Beaver Creek, Town of De Peyster; Big Sucker Creek, Towns of Lisbon, Waddington; Birch Creek from Lee Bridge to Indian Point, Town of Macomb; Black Creek, Town of Hammond; Bostwick Creek, Town of Rossie; Brandy Brook, Towns of Waddington and Madrid; Chippewa Bay; Chippewa Creek, Town of Hammond; Cook Creed and its tributaries; Farr Creek, Town of DeKalb; Fish Creek, from Black Lake to Popes Mills, Town of Macomb; Grass Lake; Hickory Lake, Town of Macomb; Indian Creek, Town of DeKalb; Indian River, Towns of Hammond and Rossie; Lisbon Creek, Towns of Oswegatchie and Lisbon; Little Sucker Brook, Town of Waddington; Mud Lake, Town of De Peyster; Oswegatchie River; St. Lawrence River; St. Regis River, from Helena to the St. Lawrence River, Town of Brasher; South Brook, Town of DeKalb; Sucker Creek, Town of Oswegatchie; Tibbits Creek, Town of Oswegatchie; Tupper Lake.

(i) No person licensed to take bait fish shall use nets longer than 10 feet to take bait fish in Chippewa Bay, Chippewa Creek downstream from the Star Route 12, or in the St. Lawrence River from the Jefferson St. Lawrence county line downstream to Chippewa Point from March 1st through June 10th.

Note:As provided in section 11-1309 of the Environmental Conservation Law, fishing for all species of fish is prohibited from January 1st through April 30th in the Oswegatchie River and its tributaries below the dam in Ogdensburg.

(39) Saratoga County. Hudson River; Lake Lonely and Outlet Lake Lonely to Kayaderosseras Creek; Mohawk River; Saratoga Lake.

(40) Schenectady County. Alplaus Kill; Campbell Creek, Town of Rotterdam; Mohawk River; Normans Kill; Old Erie Canal; Collins Lake Outlet from N.Y.C.R.R. trestle to Mohawk River; Mariaville Lake.

(41) Schoharie County. West Creek, below dam at Seward, Town of Seward.

(42) Schuyler County. Barge Canal; Lake Lamoka; Lake Waneta; Pine Creek; Cayuta Lake; Seneca Lake.

(43) Seneca County. Barge Canal, Cayuga Lake; Kendigs Creek; Seneca Lake; Seneca River; Silver Creek; Sucker Brook.

(44) Steuben County. Big Creek; Chemung River; Cohocton River from highway bridge at Savona downstream; Crosby Creek; Cutler Creek; Five Mile Creek; Keuka Lake; Lake Salubria; Mud Creek; Purdy Creek; Tioga River; Troups Creek.

(45) Sullivan County. Basher Kill from railroad bridge at Westbrookville to railroad bridge at Triple E Dude Ranch; Callicoon Creek from Delaware River to Erie railroad bridge; Amber Lake; Briscoe Pond; Browns Pond; Chestnut Lake; Mountain Lake; Mud Pond; Silver Lake; Toronto Reservoir; White Lake; Mitchell Pond; Kenoza Lake; Browns Pond; Hillsdale Lake; Basket Lake; Mud Pond; Muskoday Lake; Tennanah Lake; Bodine Lake; Montgomery Lake; Washington Lake; York Pond; Swan Lake; Fox Lake; Luxton Lake; Neweiden Pond; Reddings Pond.

(46) Tioga County. Ellis Creek; Town of Barton; Nanticoke Creek, Town of Owego; Pipe Creek, Town of Tioga; Shepard Creek; Susquehanna River.

(47) Tompkins County. Cascadilla Creek up to falls, City of Ithaca; Cayuga Lake; Dryden Lake; Six Mile Creek up to falls, City of Ithaca; Trumansburg Creek.

(48) Ulster County. All Binne Kills; Esopus Creek, mouth to Lomontville Bridge at Lomontville; Hudson River and tidal waters; Jews Creek; Old Mans Creek below Vellees Pond; Plattekill Stream, Town of New Paltz; Shawangunk Kill, mouth to Bruynswick; Wallkill River; Eltings Pond; Lewiston Lake; Pratt Mill; Schantz Pond; Clintondale Pond; Dwaar Kill, mouth to community of Dwaar Kill; Devils Lake; Cranberry Lake; Rondout Creek from Hudson River to Route 55 bridge.

(49) Warren County. Hudson River downstream from Ripartus Bridge.

(50) Washington County. Hudson River; Lake Champlain.

(51) Wayne County. Barge Canal; Bear Creek; Black Brook; Blind Sodus Bay; Blind Sodus Creek; Clyde River; East Bay; First Creek; Ganargua Creek; Lake Ontario; Old Erie Canal; Port Bay; Red Creek, Towns of Palmyra and Marion; Salmon Creek; Second Creek, below falls at Red Mill; Seneca River; Sodus Bay; Swales Creek; Wolcott Creek.

(52) Westchester County. Hudson River and tidal waters; Mohegan Lake; Peach Lake; Pocantico River, mouth to Pocantico Dam.

(53) [Reserved]

(54) Yates County. Canandaigua Lake; Keuka Lake; Seneca Lake; West River.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 35.2

Amended New York State Register March 11, 2015/Volume XXXVII, Issue 10, eff. 4/1/2015