N.Y. Environmental Conservation Law § 11-1521: Management of striped bass in the Hudson River

§ 11-1521. Management of striped bass in the Hudson River.

Notwithstanding any provision of law to the contrary:

1. Striped bass (Morone saxatilis) less than eighteen inches in total

length may not be taken, possessed, bought, sold or offered for sale.

2. Striped bass shall not be taken in the Hudson River from the George

Washington bridge north to the Federal dam at Troy from December 1

through March 15. Striped bass unintentionally taken in violation of

this subdivision shall be returned to the water immediately without

unnecessary injury.

3. Striped bass shall not be taken in the Hudson River from the George

Washington bridge north to the Federal dam at Troy with seines, fykes,

hoop nets or trawls.

4. From March 15 through June 15, gill nets with stretched mesh size

greater than 3 1/2 inches and less than 5 inches shall not be set in the

Hudson River from the George Washington bridge north to the Federal dam

at Troy nor possessed while on those waters.

5. In addition to the restrictions set forth in subdivision four

hereof, from March 15 through June 15, no person shall set a gill net

other than a drift gill net in the waters of the Hudson River lying

between the Bear Mountain bridge and the Hamilton Fish Newburgh-Beacon

bridge nor possess any gill net other than a drift gill net while on the

shores or waters of that portion of the Hudson River. For the purposes

of this subdivision a drift gill net is defined as a gill net that is

not anchored or staked and is free to move with water currents. The

department shall identify additional spawning areas and allocate fishing

locations within these spawning areas.

6. Striped bass unintentionally taken in violation of subdivision one,

three, four or five of this section shall be returned to the water at

once without unnecessary injury, except that fish taken in gill nets

need not be so returned to the water but shall not be bought, sold or

trafficked in. For the purposes of this section "trafficked in" includes

possession or transportation in any boat or vehicle other than the boat

in which such striped bass were landed after being taken. Nothing in

this subdivision shall be construed as permitting any person to possess

striped bass of less than legal size.

7. On or before March 15, 1984 the department shall adopt rules and

regulations limiting entry to the traditional commercial fishery for

striped bass in the Hudson River. Such rules and regulations may include

the establishment of a limit on the number of commercial striped bass

licenses to be issued, the establishment of equipment restrictions

necessary to maintain traditional fishing methods, the establishment of

a striped bass harvest quota for allocation among licensees and the

establishment of a Hudson River commercial fishing board whose members

will be appointed by the commissioner and which will function to approve

or deny applications for commercial striped bass licenses on the basis

of rules promulgated by the department, to establish criteria for the

allotment of individual licensee catch quotas and to allot the catch

quotas when the department establishes striped bass harvest limits for

allocation among licensees. Such rules and regulations shall be publicly

reviewed each year by the Hudson River Advisory Committee and revised as

needed to insure maintenance of an economically viable, stable and

traditional striped bass commercial fishery in the Hudson River and to

provide proper protection for the Hudson River striped bass population.

8. No person shall sell or expose or offer for sale, trade or barter

striped bass without first obtaining a commercial striped bass license.

A commercial striped bass license is required only for initial sale,

exposing or offering for sale, trade or barter and is not required for

subsequent sales. The resident fee for such license shall be determined

by the commissioner and shall not exceed one hundred dollars. Fees for

licensing nets in the Hudson River as required by department rules and

regulations shall be credited toward purchase of the commercial striped

bass license. The nonresident fee for such license shall be two hundred

dollars.