N.Y. Environmental Conservation Law § 13-0343-a: Fish pots and traps; restrictions

§ 13-0343-a. Fish pots and traps; restrictions.

1. No person shall utilize commercial fishing gear commonly known as

"fish pots" or "fish traps" within five hundred feet of any artificial

reef. The department may publish a list of artificial reef sites and

locations where the placing of pots or traps is prohibited.

2. The department may regulate the use and design of "fish pots" and

"fish traps", including, but not limited to, the following matters:

design, including, but not limited to, identification and marking;

configuration and material composition; requirements for escape panels

and/or vents; restrictions on the total number of traps or pots that may

be fished individually or collectively; and in addition to the

restrictions contained in subdivision one of this section, those areas

where such pots or traps may not be used.

3. The department may require those who hold licenses pursuant to

section 13-0335 of this title to first obtain a permit from the

department to set, operate, maintain or use "fish pots" or "fish traps".

The department may restrict the number of permits issued pursuant to

this section.

4. This section shall not apply to any "fish pot" or "fish trap"

exempted under section 13-0335 of this title. Any rule or regulation

proposed or adopted pursuant to this section shall be consistent with

the provisions of section 13-0105 of this article. The commissioner is

authorized to promulgate such rules or regulations as he deems necessary

to implement this section.

5. No person shall return a fish pot or trap which contains fish to

the water.