N.Y. Environmental Conservation Law § 11-1321: Other prohibited acts

§ 11-1321. Other prohibited acts.

1. No person shall take fish (a) by use of explosives or (b) by

shutting or drawing off water.

2. Explosives shall not be used or possessed in or on the waters of

the state or shores or islands thereof except for mining or mechanical

purposes. Possession of explosives in such places by any person shall be

presumptive evidence of violation of this subdivision.

3. Bass, walleye, trout, lake trout and salmon shall not be disturbed

on spawning beds in the closed season, nor shall their spawn or milt be

taken from spawning beds at any time.

4. Any noise or disturbance of waters or the banks thereof by any

means with intent to drive fish into a net, which practice is commonly

known as thumping, is prohibited unless expressly permitted in the terms

of a license or permit issued by the department.

5. No person owning, leasing, operating or maintaining a dam holding

back water which such person knows or has reason to know is inhabited by

fish shall draw off such water in such quantities as to cause directly

the loss of a substantial number of fish within the impoundment, if such

person knows or has reason to know that such loss is likely to occur,

without the written permission of the department. The provisions of this

subdivision shall not apply, (a) to the federal government or any agency

or subdivision thereof, (b) to any hydropower project licensed by the

Federal Energy Regulatory Commission pursuant to the Federal Power Act

(16 U.S.C. 791a et seq.), (c) in the event of an emergency, such as

fire, flood, storm, drought, and the like, where the drawing off of such

impounded water is required for public safety or public health, (d) to

any artificial or man-made body of water lying wholly within the

boundaries of privately owned or leased lands and operated as a farm

pond, licensed farm fish pond, licensed fishing preserve water or

licensed private trout or bass hatchery, or (e) to any city having a

population of one million or more.

6. No person taking or assisting in the taking of fish in other than

the marine and coastal district, as described in section 13-0103 of this

chapter shall discard any fish carcass or parts thereof into the waters

of this state or upon any public lands contiguous to and within one

hundred feet of such waters or upon any private lands contiguous to and

within one hundred feet of such waters unless such lands are owned by

such person or unless such person enters or remains with the permission

of the owner of record or his representative or agent. The provisions of

this section shall not be deemed to prohibit: the return to the water of

live fish or fish required to be returned to the water pursuant to

section 11-1301 or 11-1303 of this chapter or rules and regulations

promulgated pursuant thereto; the use of fish or parts thereof as bait;

the discarding of fish carcasses or parts thereof into waters not within

one hundred feet of any shore; the proper disposal of fish carcasses or

parts thereof into suitable garbage or refuse collection systems or by

burial; or the incidental cleaning of fish for consumption except that

no wastes resulting from such cleaning of fish may be disposed of in

waters or lands contiguous to and within one hundred feet of any public

boat launching sites or public docking facilities or on such sites or

facilities except by proper disposal into suitable garbage or refuse

collection systems or by burial.

7. Spears, spear guns and underwater guns shall not be possessed by

any person on any body of water within the Adirondack park boundary nor

within a distance of two hundred feet of the high water mark of any body

of water within the Adirondack park boundary at any time when the use of

spears in the taking of fish from such body of water within the

Adirondack park boundary is not permitted by law or regulation of the

department; except that nothing contained herein shall be construed to

prevent the possession of spears in any dwelling or building within two

hundred feet of the high water mark of such body of water.

8. Spears, spear guns, underwater guns, and snatch hooks shall not be

possessed by any person on Lake George nor within a distance of two

hundred feet of the high water mark of such lake, except in a dwelling

or building, at any time when the use of such devices in the taking of

fish in such lake is not permitted by law or regulation of the

department.

9. Pacific salmon shall not be taken by hooking, snatching or

snagging. Pacific salmon taken by hooking, snatching or snagging shall

not be possessed, transported or otherwise trafficked in.