N.Y. Environmental Conservation Law Section 13-0349
Taking of fish for commercial purposes

1.

No person shall take food fish, shellfish, or crustacea from the waters of the marine and coastal district for commercial purposes using a commercial fishing vessel longer than seventy feet in registered length. For purposes of this section a person shall be presumed to be taking food fish, shellfish or crustacea for commercial purposes when setting, maintaining, operating or using nets, except seines not larger than thirty feet long or four feet deep or lift nets not larger than sixteen square feet; traps, except bait traps not more than thirty inches in length; combs; dredges; pots; or hook and line, except by angling.

2.

However, vessels being used to take food fish, shellfish or crustacea from the waters of the marine and coastal district prior to July first, nineteen hundred ninety-seven shall be exempt from the registered length requirement and the department shall publish a list of such vessels. In addition, such vessels which are exempt from such seventy foot in registered length requirement, and are on the list published pursuant to this section, shall also be permitted to be replaced one time without loss of such exemption.

3.

All vessels of sixty-three feet or greater registered length may be replaced one time by a new vessel of up to ten percent greater registered length.

Source: Section 13-0349 — Taking of fish for commercial purposes, https://www.­nysenate.­gov/legislation/laws/ENV/13-0349 (updated Sep. 22, 2014; accessed Oct. 26, 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
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Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 13-0349’s source at nysenate​.gov

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