N.Y. Environmental Conservation Law § 11-0317: Seasons and limits for taking fish in certain border waters

§ 11-0317. Seasons and limits for taking fish in certain border waters.

1. After consultation with the appropriate agencies of the neighboring

states or provinces mentioned in this section, the department shall have

power to adopt regulations establishing open seasons, minimum size

limits, manner of taking, creel and seasonal limits for the taking of

fish in the waters of Indian Lake and Mianus Reservoir, both situated

partly in New York and partly in Connecticut, and in the waters of

Greenwood Lake, situate partly in New York and partly in New Jersey, and

in the Delaware River, situate partly in New York and partly in

Pennsylvania and in the waters of Lake Champlain situate partly in New

York, partly in Vermont and partly in the Province of Quebec. Such open

seasons, manner of taking and limits shall, whenever possible, be made

uniform, with those fixed by the neighboring state or province for the

waters in question with respect to all species upon which agreement can

be reached with the appropriate agency of that jurisdiction.

2. When the department shall find that conditions permit restoration

and maintenance of the shad run of the Delaware River and that

restrictions imposed under the foregoing powers are inadequate to

cooperate with Pennsylvania and New Jersey in maintaining the maximum

sustained yield of such fishery, the department is authorized after

consultation with the appropriate agencies of Pennsylvania and New

Jersey to declare by regulation that an emergency exists and in its

discretion to impose such additional restrictions for the taking of shad

in the Delaware River and its tributaries as to numbers and lengths and

types of nets and other gear, compulsory lift periods, licenses, closed

season, protected waters or other like measures as may in its judgment

be necessary to maintain such maximum sustained yield. In adopting any

such regulation, the department shall observe the conditions prescribed

in section 11-0315.

3. After consultation with the appropriate agencies of the neighboring

states and the Province of Ontario, the department shall have power to

adopt regulations establishing open seasons, minimum size limits, manner

of taking, and creel and seasonal limits for the taking of fish in the

waters of Lake Erie, Lake Ontario, the Niagara river and the St.

Lawrence river. Such open seasons, manner of taking and limits shall,

whenever possible, be made uniform with those fixed by the neighboring

states and the Province of Ontario, as the case may be, for the waters

in question with respect to all species upon which agreement can be

reached with the appropriate agency of that jurisdiction.