N.Y. Environmental Conservation Law § 13-0339: Marine fish; size limits of marine species; sale of marine species

§ 13-0339. Marine fish; size limits of marine species; sale of marine

species.

1. a. The taking of fish with nets in the marine and coastal district

is governed by sections 13-0333, 13-0335, 13-0341, 13-0343, 13-0347 and

11-1521, and regulations adopted pursuant to sections 11-0303, 11-1303,

13-0338, 13-0339-a, 13-0340, 13-0340-a, 13-0340-b, 13-0340-c, 13-0340-d,

13-0340-e, 13-0340-f and 13-0340-g of this chapter. The taking of fish

by other means, in the marine and coastal district, is governed by title

13 of article 11 of the Fish and Wildlife Law, subject to restrictions

in section 13-0343 as to certain waters, and to provisions of sections

13-0347 and 11-1521 and regulations adopted pursuant to section 11-0303

of this chapter as to striped bass and sections 13-0338, 13-0339-a,

13-0340, 13-0340-a, 13-0340-b, 13-0340-c, 13-0340-d, 13-0340-e,

13-0340-f and 13-0340-g as to other species of marine fish. The taking,

and sale or taking for sale, of certain bait fish are governed by

section 11-1315 of this chapter.

b. Open seasons, minimum size limits and catch limits for fish other

than the marine species named in subdivisions 2 and 3 of this section

are specified by regulations adopted pursuant to sections 11-0303,

11-1303, 13-0338, 13-0339-a, 13-0340, 13-0340-a, 13-0340-b, 13-0340-c,

13-0340-d, 13-0340-e, 13-0340-f and 13-0340-g of this chapter. All

shortnose sturgeon irrespective of size and all Atlantic sturgeon under

the size limits prescribed by regulations adopted pursuant to section

11-1303 of this chapter taken in gill nets shall be immediately returned

to the water without unnecessary injury. Other fish named by regulations

adopted pursuant to sections 11-0303, 11-1303, 13-0338, 13-0339-a,

13-0340, 13-0340-a, 13-0340-b, 13-0340-c, 13-0340-d, 13-0340-e,

13-0340-f and 13-0340-g of this chapter and under the size limits

prescribed in such regulations, shall not be bought, sold or trafficked

in.

c. The sale, possession and transportation of fish, other than the

marine species named in subdivisions 2 and 3 of this section are

governed by sections 11-1319, 11-1521 and 13-0347, and regulations

adopted pursuant to sections 11-0303, 11-1303, 13-0338, 13-0339-a,

13-0340, 13-0340-a, 13-0340-b, 13-0340-c, 13-0340-d, 13-0340-e,

13-0340-f and 13-0340-g of this chapter.

2. Fluke or summer flounder (Paralichthys dentatus) and southern

flounder (Paralichthys lethostigma) less than fourteen inches in length,

weakfish (Cynoscion regalis) less than twelve inches in length, Atlantic

cod (Gadus morhua) less than nineteen inches in length, porgy or scup

(Stenotomus chrysops) less than seven inches, black sea bass

(Centropristis striata) less than nine inches, and winter flounder

(Pleuorenectes americanus) less than eleven inches in length may not be

taken by angling for recreational purposes.

3. Fluke or summer flounder (Paralichthys dentatus) and southern

flounder (Paralichthys lethostigma) less than fourteen inches; blue fish

(Pomatomus saltatrix) less than nine inches; porgy or scup (Stenotomus

chrysops) less than nine inches; weakfish (Cynoscion regalis) less than

twelve inches; mackerel (Scomber scombrus) less than seven inches; black

sea bass (Centropristis striata) less than nine inches; Atlantic cod

(Gadus morhua) less than nineteen inches; winter flounder (Pleuorenectes

americanus) less than twelve inches, may not be taken or possessed for

commercial purposes or transported for commercial purposes nor bought,

sold or offered for sale. For purposes of this subdivision, commercial

purposes includes use of any form of net, comb, dredge or hook and line,

except angling.

4. All length measurements in this section shall be taken as the total

length which is defined as the longest straight-line measurement from

the most anterior or forward part of the fish with the jaws closed to

the tip of the tail. The tail rays of a fish with a forked tail may be

squeezed together to give the longest overall measurement.

5. Blue marlin (Makaira nigricans), white marlin (Tetrapturus

albidus), sailfish (Istiophorus platypterus), and longbill spearfish

(Tetrapturus pfluegeri) shall not be bought, sold or offered for sale.

Striped marlin (Tetrapturus audax), black marlin (Makaira indica),

shortbill spearfish (Tetrapturus angustirostris) shall not be bought,

sold or offered for sale unless identified and tagged as such prior to

entry into the state. Such identification and tag shall include at a

minimum, the species of billfish and the place of initial landing.