N.Y. Environmental Conservation Law § 13-0349: Taking of fish for commercial purposes

§ 13-0349. Taking of fish for commercial purposes.

1. No person shall take food fish, shellfish, or crustacea from the

waters of the marine and coastal district for commercial purposes using

a commercial fishing vessel longer than seventy feet in registered

length. For purposes of this section a person shall be presumed to be

taking food fish, shellfish or crustacea for commercial purposes when

setting, maintaining, operating or using nets, except seines not larger

than thirty feet long or four feet deep or lift nets not larger than

sixteen square feet; traps, except bait traps not more than thirty

inches in length; combs; dredges; pots; or hook and line, except by

angling.

2. However, vessels being used to take food fish, shellfish or

crustacea from the waters of the marine and coastal district prior to

July first, nineteen hundred ninety-seven shall be exempt from the

registered length requirement and the department shall publish a list of

such vessels. In addition, such vessels which are exempt from such

seventy foot in registered length requirement, and are on the list

published pursuant to this section, shall also be permitted to be

replaced one time without loss of such exemption.

3. All vessels of sixty-three feet or greater registered length may be

replaced one time by a new vessel of up to ten percent greater

registered length.