N.Y. Environmental Conservation Law § 13-0355: Recreational marine fishing registration

§ 13-0355. Recreational marine fishing registration.

1. Definitions of registrations; privileges. A recreational marine

fishing registration entitles the holder who is sixteen years of age or

older to take fish from the waters of the marine and coastal district

and to take migratory fish of the sea from all waters of the state,

except as provided in sections 13-0333 and 13-0335 of this title. A

recreational marine fishing registration is effective for one year from

the date it was issued.

2. General provisions. a. The privileges of a recreational marine

fishing registration may be exercised only at the times and places, and

in the manner and to the extent, permitted by the fish and wildlife law

and applicable regulations of the department.

b. Recreational marine fishing registrations are not transferable. No

person shall alter, change, lend to another person or attempt to

transfer to another person any recreational marine fishing registration.

c. A registration issued in lieu of a lost or destroyed registration

is void if it is obtained: (i) by fraud; or (ii) by a person who is not

authorized to hold it or who makes a false statement in applying for it.

d. No registration authorizes the holder (a) to trespass upon private

lands or waters or to interfere with property belonging to another

person; (b) to take fish or wildlife on an Indian reservation; (c) to

enter upon, or to take or disturb fish or wildlife upon, state lands or

waters posted by the department except in accordance with a written

permit from the department or an order adopted by the department; (d) to

take any fish or wildlife in any area closed to the taking of fish or

wildlife, or to take any species of fish, wildlife or protected insect

in an area closed to the taking of such species.

3. Failure to carry registration. a. The holder of a recreational

marine fishing registration shall:

(i) at all times have such registration on the holder's person while

exercising any privilege of that registration; and

(ii) shall exhibit such registration on demand to any police officer,

peace officer, or owner, lessee or other person in control of the lands

or waters or the designees of the owner, lessee or person in control of

the lands or waters on which the registration holder is present and is

exercising the privileges thereof.

b. Failure to have a recreational marine fishing registration on one's

person while exercising any privilege of that registration is

presumptive evidence that such person is fishing without holding the

registration required by this section.

4. Fees. No applicant for a recreational marine fishing registration

shall be required to pay a fee for such registration.

5. Exemption from requirement of recreational marine fishing

registration. a. Minors under the age of sixteen may take fish as if

they held a recreational marine fishing registration.

b. Recreational fishing passengers on a marine and coastal district

party or charter boat licensed and registered pursuant to section

13-0336 of this title may take fish as if they held a recreational

marine fishing registration.

6. Recreational marine fishing registration data. a. The department is

authorized to collect data on holders of recreational marine fishing

registrations, which shall include but not be limited to, a registrant's

name, address and date of birth.

b. Registration holder data collected by the department or available

to the department shall be confidential and shall not be disclosed

except as required to comply with section 401(g) of the Magnuson-Stevens

fisheries management and conservation act (16 U.S.C. 1881), as may be

amended from time to time, or by court order, except that the department

may release or make public any statistics in an aggregate or summary

form which does not make it possible to identify any person who submits

such data. The department may prescribe such procedures as may be

necessary to preserve such confidentiality.

7. Reciprocity in boundary waters. If persons holding recreational

marine fishing registrations issued under the New York fish and wildlife

law are not required to have licenses or registrations issued by a state

named in paragraph a, b or c of this subdivision when fishing in that

part of the waters, specified in such paragraph, which lies within that

state then, in such case, a person holding a similar license or

registration issued by such state may, without a recreational marine

fishing registration issued under the New York fish and wildlife law,

take fish as provided in this title, from that part of such waters

specified in paragraph a, b or c of this subdivision which lies within

this state:

a. License or registration issued by Connecticut: those parts of Long

Island Sound lying between New York and Connecticut.

b. License or registration issued by New Jersey: those parts of New

York Harbor, Hudson River, Kill Van Kull, Arthur Kill, Raritan Bay and

Atlantic Ocean lying between New York and New Jersey.

c. License or registration issued by Rhode Island: those parts of Long

Island Sound, Block Island Sound and Atlantic Ocean lying between New

York and Rhode Island.