N.Y. Comp. Codes R. & Regs. tit. 6 § 36.1

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

Section 36.1 - Nets, set and trap lines, eel weirs and eel pots

(a) Licenses.

(1) License required. No nets of any kind shall be set or used for the taking of fish in the inland waters of the State without a license or permits to do so granted by the Department of Environmental Conservation.

(2) A license issued pursuant to section 11-1503 of the Environmental Conservation Law is not assignable or transferable.

(3) Reports. Every licensee, at expiration of his or her license, or at such intervals during the term of the license as may be determined by the department, shall make a report of catch on forms provided for this purpose.

(b) Nets.

(1) Kind of nets to be used and duration of license. Only such nets, to the number and of the size of the bar, with leaders and wings, of the length mentioned, shall be used as are specified in the license; licenses shall be granted for no longer than one year and shall expire on the 31st day of December following, unless an earlier date is specified; nets shall be used only during and at the times specified in the licenses.

(2) Location of nets restricted.

(i) Nets shall not be set or used except in the waters mentioned in the license; the setting and hauling of all nets in those waters shall at all times be under the direct supervision and control of the Chief of the Bureau of Fisheries who shall have the power to designate the location of all nets; such location once fixed shall not be changed without the written authority of said Chief of the Bureau of Fisheries or the Department of Environmental Conservation.

(ii) A net licensed under a seine license shall not be staked, anchored or otherwise fastened while in the water unless specifically permitted in the license.

(3) Tagging or marking of nets.

(i) The department shall issue, with each license to operate net, line, weir, pot or other device, with the exception listed in subparagraph (iii) of this paragraph, a tag upon which shall be stamped a number corresponding with the number or numbers on the license. Such tag shall be attached to the net or set line when in use in such manner that it will be on the top of or above the water and in plain sight at all times.

(ii) Should a tag or tags be lost or stolen, upon the receipt of a certificate stating the number of the tag or tags and the kind of nets, lines, weirs, pots or other devices used, together with 15 cents for each tag, a duplicate tag or tags will be furnished to the licensee.

(iii) For licensed gear operated in the Hudson River, the license holder is required to mark each net with the license holder's license number in visible black numbers on an orange background. A net shall have attached a marked floating buoy, a scoop, scap or dip net shall be marked on the fixed handle to the net.

(4) Mesh of nets. Nets having a mesh smaller than provided in this Part, except to take minnows as bait, shall not be used or possessed while fishing in the inland waters of the State. The mesh as specified in these regulations shall be measured as prescribed by the department.

(c) Eel pots and weirs.

(1) Size of eel pots. Eel pots shall not be more than six feet long, nor more than 12 inches in diameter if round, nor more than 12 inches square if in square form. The aperture or mouth of any eel pot shall be not more than two inches in its greatest diameter. Fixtures or wings of any kind at- tached to or used in connection with eel pots is prohibited. Minimum mesh size must be 1 inch by 1/2 inch, unless such pots contain an escape panel that is at least four inches square with a mesh size of one inch by one-half inch located so that the panel is on a side, but not at the bottom of a pot.

(2) Size of eel weirs. For the purposes of these rules, an eel weir shall consist of not to exceed two wings or leaders fastened to an eel trap; no eel trap shall have attached thereto more than one weir; the length of each weir shall be determined by the department or Chief of the Bureau of Fisheries; and the use of weirs of a greater length than specified in the license is prohibited.

(3) Construction of eel weirs. Eel weirs and eel pots shall not be constructed, set or used in any manner so as to unduly obstruct the natural flow of water or interfere with the free passage of boats. The use of eel weirs, the laths of which are less than three eighths of an inch apart, is prohibited. All fish, except eels, taken in an eel weir or an eel pot, shall be immediately returned to the water.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 36.1

Amended, New York State Register December 10, 2014/Volume XXXVI, Issue 49, eff. 12/10/2014