N.Y. Environmental Conservation Law Section 13-0343-A
Fish pots and traps

  • restrictions

1.

No person shall utilize commercial fishing gear commonly known as “fish pots” or “fish traps” within five hundred feet of any artificial reef. The department may publish a list of artificial reef sites and locations where the placing of pots or traps is prohibited.

2.

The department may regulate the use and design of “fish pots” and “fish traps”, including, but not limited to, the following matters: design, including, but not limited to, identification and marking; configuration and material composition; requirements for escape panels and/or vents; restrictions on the total number of traps or pots that may be fished individually or collectively; and in addition to the restrictions contained in subdivision one of this section, those areas where such pots or traps may not be used.

3.

The department may require those who hold licenses pursuant to § 13-0335 (Food fish)section 13-0335 of this title to first obtain a permit from the department to set, operate, maintain or use “fish pots” or “fish traps”. The department may restrict the number of permits issued pursuant to this section.

4.

This section shall not apply to any “fish pot” or “fish trap” exempted under § 13-0335 (Food fish)section 13-0335 of this title. Any rule or regulation proposed or adopted pursuant to this section shall be consistent with the provisions of section 13-0105 of this article. The commissioner is authorized to promulgate such rules or regulations as he deems necessary to implement this section.

5.

No person shall return a fish pot or trap which contains fish to the water.

Source: Section 13-0343-A — Fish pots and traps; restrictions, https://www.­nysenate.­gov/legislation/laws/ENV/13-0343-A (updated Sep. 22, 2014; accessed Jun. 22, 2024).

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

Accessed:
Jun. 22, 2024

Last modified:
Sep. 22, 2014

§ 13-0343-A’s source at nysenate​.gov

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