N.Y. Environmental Conservation Law § 13-0333: Menhaden; prohibited acts

§ 13-0333. Menhaden; prohibited acts.

Menhaden (Brevoortia tyrannus) from which oil or meal is made, subject

to the provisions of section 13-0343, may not be taken from the waters

of the marine district with a purse seine; provided however, that the

department shall have the authority to issue a temporary order allowing

the use of purse seines for taking menhaden, pursuant to temporary

permits, if the department determines that there is an imminent risk of

a fish kill resulting from the presence of unusually large amounts of

menhaden in waters of the marine and coastal district in or adjacent to

waterbody segments that are characteristic of locations likely to

experience fish kills or that have a history of hypoxia. Prior to

issuing such temporary order, the department shall first consider other

fishing methods authorized under this chapter, including but not limited

to beach seines, and shall only issue a temporary order if the

department determines that such other fishing methods will not

sufficiently mitigate the conditions precipitating the potential fish

kill. Such order shall include the department's justification for the

use of purse seines, time, geography, and poundage specifications, and

any other conditions that the department deems appropriate and shall be

posted on the department's website. Following the adoption of such an

order, the department may issue temporary permits, not to exceed

fourteen days and subject to the conditions of the department's

temporary order, allowing for the harvest of menhaden.