N.Y. Environmental Conservation Law § 11-1913: Fishing preserves

§ 11-1913. Fishing preserves.

1. "Fishing preserve waters" means any artificial or man-made body of

water, without limitation of size, lying wholly within the boundaries of

privately owned lands, operated for the purpose of permitting the owner

to provide fishing facilities to fishermen. Such waters shall not

include natural streams, natural ponds or waters impounded by the

damming of natural streams. The sources of water for such ponds shall be

limited to surface run-off, natural springs or waters diverted from a

natural stream.

2. a. The department may, in its discretion, after application on

forms furnished by it, issue to an owner of such fishing preserve waters

a fishing preserve license permitting the holder thereof to manage such

fishing preserve waters and to possess, propagate and rear, and to take

or permit others to take therefrom, fish therein legally propagated or

acquired. Such license shall expire on the last day of December in the

year in which it is issued unless previously revoked. A separate license

is required for each body of water defined in subdivision 1 as fishing

preserve waters. Two or more ponds under one ownership, supplied by one

common water source and located on one continuous parcel of land, shall

be considered as one body of water requiring one license.

b. The license so issued, shall:

(1) contain the name of the town and county in which such fishing

preserve waters are located;

(2) specify the species of fish authorized to be stocked therein;

(3) authorize the licensee to stock, propagate, raise and release such

fish in such licensed fishing preserve waters and to buy, sell or

otherwise traffic in fish taken therefrom;

(4) specify the manner of identification of fish taken from the

licensed waters, and

(5) specify the means of acquisition of fish stocked therein.

c. The license may also:

(1) authorize the licensee to control undesirable protected fish,

wildlife and insects and specify means of control of the same.

(2) specify such other restrictions and controls for the management of

the fishing preserve waters as in the judgment of the department may be

deemed advisable for proper fish management.

d. The fee for the license shall be fifty dollars, payable at the time

application is made.

e. The department may for cause revoke or suspend the license of any

licensee.

3. Lands containing fishing preserve waters so licensed shall be

posted with appropriate signs in accordance with section 11-2111.

4. A licensee or any member of his immediate family may without

license issued under title 7 of the Fish and Wildlife Law, or license to

take fish by net or device, take fish of any size, in any number, at any

time and in any manner permitted by the license.

5. a. Any licensee, during the term of his license may sell fish taken

from the licensed fishing preserve waters and may grant permission to

other persons to take fish in or from the licensed fishing preserve

waters and charge a fee for such fishing or for the fish taken, or, if

the licensee is a club, it may impose dues permitting such angling by

members of such club.

b. Persons to whom such permission to fish is granted or who have paid

for the privilege of fishing in the licensed waters or dues paying

members of a club which is a licensee may fish in such waters without

license issued under title 7 of the Fish and Wildlife Law, or other

license.

c. The licensee may prescribe such restrictions or limitations as he

sees fit with respect to the size of fish, limits of catch, open season

and manner of taking fish from the licensed waters. Except as

specifically noted in the license, the provisions of title 13 or title

15 of the Fish and Wildlife Law shall not be applicable to fishing in

such licensed fishing preserve waters.

6. a. All trout, black bass, lake trout, landlocked salmon,

muskellunge, pike, pickerel and walleye taken from the licensed fishing

preserve waters, shall be immediately identified on forms provided by

the department as prescribed in the license or by order of the

department.

b. The identification form shall accompany the fish until the same is

finally prepared for consumption.

c. No fish, required to be identified as specified in paragraph a of

this subdivision, taken pursuant to this section shall be possessed off

the premises of the fishing preserve without such identification form,

and no person shall sell such fish without such identification form.

d. Fish taken from such fishing preserves and identified as provided

in this subdivision, may be possessed, bought, sold and offered for

sale, and transported without restriction. Fish raised or possessed

under license issued under this section may be sold at any time for

scientific, exhibition, propagation or stocking purposes.

7. The holder of a fishing preserve license shall keep such records as

the department may require and make annual reports to and upon forms

furnished by the department. The records shall be continuous and shall

be kept on the licensed premises, and the licensee shall allow any

representative of the department to enter upon the premises and inspect

his operations and records.

8. Farm fish ponds, previously licensed pursuant to section 11-1911,

may be licensed as fishing preserves, provided that the waters so sought

to be licensed under this section meet the requirements of subdivision 1

hereof, and provided further that such waters have not been stocked by

the department during the five year period immediately preceding the

application for fishing preserve license.

9. The department may, by special permit or authorization contained in

the license, authorize the licensee to use fish toxins in the management

of the licensed waters, but unless so specifically authorized by permit

or license no toxins or poisons may be introduced into the licensed

waters.

10. Nothing in this section shall abridge, alter or affect the rights

or liabilities, riparian or otherwise, that would otherwise exist or

accrue by reason of the impounding of the water, except that fishing

preserve waters are waters of the state within the meaning of section

11-0503 of the Fish and Wildlife Law and article 17 of this chapter.

11. The department may, by order made pursuant to section 11-2301,

make such rules and regulations with respect to the management and

operation of fishing preserves, not inconsistent with the provisions of

this section, as it shall deem necessary and proper to carry into effect

the provisions of this section.