N.Y. Environmental Conservation Law § 11-1311: Fishing in waters impounded by dams constructed for power purposes

§ 11-1311. Fishing in waters impounded by dams constructed for power

purposes.

The waters impounded by any dam hereafter constructed for power

purposes on any stream or waterway in the state, and impressed with a

public interest pursuant to section 15-1713 of this chapter, shall be

open to the public to fish thereon, when authorized by other applicable

provisions of this chapter, subject to the following conditions and

limitations:

a. Such fishing must be conducted in accordance with rules and

regulations of the commissioner in agreement with the person,

association or corporation proposing to construct the dam.

b. Such rules and regulations must provide, among other things, that

fishing upon any such waters shall be conducted in such a manner as not

to interfere injuriously with the operation and maintenance of the dam

or of any manufacturing plant operated by power generated therefrom.

c. Damages sustained by a person while fishing or in connection

therewith shall not constitute a claim either against the state or the

person, association or corporation owning the dam or his or its lessee

or other assignee in interest.

d. The commissioner, of his own motion or upon application, after a

public hearing held pursuant to notice, shall have power, in his

discretion, to exempt from the provisions of this section, the waters

impounded by any dam hereafter constructed for power purposes. Notice of

such a hearing shall be posted at least ten days before the hearing in

five conspicuous places in the locality where the dam is to be

constructed.

e. Rules and regulations of the commissioner, so far as practicable,

shall be uniform, but may vary in different localities of the state.

f. Warning notices or signboards not less than one foot square shall

be conspicuously posted not more than forty rods apart close to and

along the entire boundary of such impounded waters. Posting of such

notices shall be sufficient provided that illegal and destroyed signs be

replaced once a year during the months of March, July, August or

September. Warning notices shall contain such information as the

commissioner by rule or regulation may prescribe.