N.Y. Environmental Conservation Law Section 13-0333
Menhaden

  • prohibited acts
Menhaden (Brevoortia tyrannus) from which oil or meal is made, subject to the provisions of section 13-0343, may not be taken from the waters of the marine district with a purse seine; provided however, that the department shall have the authority to issue a temporary order allowing the use of purse seines for taking menhaden, pursuant to temporary permits, if the department determines that there is an imminent risk of a fish kill resulting from the presence of unusually large amounts of menhaden in waters of the marine and coastal district in or adjacent to waterbody segments that are characteristic of locations likely to experience fish kills or that have a history of hypoxia. Prior to issuing such temporary order, the department shall first consider other fishing methods authorized under this chapter, including but not limited to beach seines, and shall only issue a temporary order if the department determines that such other fishing methods will not sufficiently mitigate the conditions precipitating the potential fish kill. Such order shall include the department’s justification for the use of purse seines, time, geography, and poundage specifications, and any other conditions that the department deems appropriate and shall be posted on the department’s website. Following the adoption of such an order, the department may issue temporary permits, not to exceed fourteen days and subject to the conditions of the department’s temporary order, allowing for the harvest of menhaden.

Source: Section 13-0333 — Menhaden; prohibited acts, https://www.­nysenate.­gov/legislation/laws/ENV/13-0333 (updated May 3, 2019; accessed Nov. 22, 2025).

13–0301
Lease of state-owned underwater lands for shellfish cultivation 13–0302
Lands underwater of Gardiner’s and Peconic bays 13–0303
Tax on state-owned underwater lands held under lease or franchise for shellfish cultivation 13–0305
Marking lands prohibited 13–0307
Sanitary surveys 13–0309
Taking, handling and importation of shellfish 13–0310
Northern or lined seahorses 13–0311
Digger’s permit to take shellfish for commercial purposes 13–0313
Shellfish growers 13–0315
Shellfish shipper’s and processor’s permit 13–0316
Marine hatcheries 13–0317
Shipping tags 13–0319
Shellfish regulations 13–0321
Taking and importation of shellfish for transplanting and other purposes 13–0323
Oysters 13–0325
Clams 13–0327
Scallops 13–0328
Commercial licenses 13–0329
Lobsters 13–0330
Whelks or conchs 13–0331
Crabs 13–0333
Menhaden 13–0334
Marine and coastal district food fish and crustacea dealers and shippers license 13–0335
Food fish 13–0336
Marine and coastal district party and charter boat license 13–0337
Return of fish, crustacea and other animals to the water 13–0338
Sharks 13–0339
Marine fish 13–0339–A
Atlantic cod (Gadus morhua), Atlantic sturgeon (Acipenser oxyrhynchus), shortnose sturgeon (Acipenser brevirostrum), American eel (Anguil... 13–0340
Bluefish (Pomatomus saltatrix) 13–0340–A
Weakfish (Cynoscion regalis) 13–0340–B
Fluke - summer flounder (Paralichthys dentatus) 13–0340–C
Winter flounder (Pleuorenectes americanus) 13–0340–D
Blackfish or tautog (Tautoga onitis) 13–0340–E
Scup (Stenotomus chrysops) 13–0340–F
Black sea bass (Centropristis striata) 13–0340–G
Monkfish (Lophius americanus, Lophius reticulatus and Lophius gastrophysus) 13–0341
Trawls 13–0342
Marine fisheries data 13–0343
Nets other than trawls 13–0343–A
Fish pots and traps 13–0344
Fish, shellfish and crustacea 13–0345
Protection of waters 13–0347
Management of striped bass in marine waters 13–0349
Taking of fish for commercial purposes 13–0350
Marine resources advisory council 13–0355
Recreational marine fishing registration 13–0360
Special management areas 13–0371
Atlantic States Marine Fisheries Compact
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Verified:
Nov. 22, 2025

Last modified:
May 3, 2019

§ 13-0333. Menhaden's source at nysenate​.gov

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