§ 11-0317 — Seasons and limits for taking fish in certain border waters

New York § 11-0317

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 3: General Powers and Duties of the Department
• Art. 11: Fish and Wildlife

Text

§ 11-0317. Seasons and limits for taking fish in certain border waters.\n 1. After consultation with the appropriate agencies of the neighboring\nstates or provinces mentioned in this section, the department shall have\npower to adopt regulations establishing open seasons, minimum size\nlimits, manner of taking, creel and seasonal limits for the taking of\nfish in the waters of Indian Lake and Mianus Reservoir, both situated\npartly in New York and partly in Connecticut, and in the waters of\nGreenwood Lake, situate partly in New York and partly in New Jersey, and\nin the Delaware River, situate partly in New York and partly in\nPennsylvania and in the waters of Lake Champlain situate partly in New\nYork, partly in Vermont and partly in the Province of Quebec. Such open\nseasons, manner of taking and limits shall, whenever possible, be made\nuniform, with those fixed by the neighboring state or province for the\nwaters in question with respect to all species upon which agreement can\nbe reached with the appropriate agency of that jurisdiction.\n 2. When the department shall find that conditions permit restoration\nand maintenance of the shad run of the Delaware River and that\nrestrictions imposed under the foregoing powers are inadequate to\ncooperate with Pennsylvania and New Jersey in maintaining the maximum\nsustained yield of such fishery, the department is authorized after\nconsultation with the appropriate agencies of Pennsylvania and New\nJersey to declare by regulation that an emergency exists and in its\ndiscretion to impose such additional restrictions for the taking of shad\nin the Delaware River and its tributaries as to numbers and lengths and\ntypes of nets and other gear, compulsory lift periods, licenses, closed\nseason, protected waters or other like measures as may in its judgment\nbe necessary to maintain such maximum sustained yield. In adopting any\nsuch regulation, the department shall observe the conditions prescribed\nin section 11-0315.\n 3. After consultation with the appropriate agencies of the neighboring\nstates and the Province of Ontario, the department shall have power to\nadopt regulations establishing open seasons, minimum size limits, manner\nof taking, and creel and seasonal limits for the taking of fish in the\nwaters of Lake Erie, Lake Ontario, the Niagara river and the St.\nLawrence river. Such open seasons, manner of taking and limits shall,\nwhenever possible, be made uniform with those fixed by the neighboring\nstates and the Province of Ontario, as the case may be, for the waters\nin question with respect to all species upon which agreement can be\nreached with the appropriate agency of that jurisdiction.\n