§ 11-1321 — Other prohibited acts

New York § 11-1321

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 13: Fishing
• Art. 11: Fish and Wildlife

Text

§ 11-1321. Other prohibited acts.\n 1. No person shall take fish (a) by use of explosives or (b) by\nshutting or drawing off water.\n 2. Explosives shall not be used or possessed in or on the waters of\nthe state or shores or islands thereof except for mining or mechanical\npurposes. Possession of explosives in such places by any person shall be\npresumptive evidence of violation of this subdivision.\n 3. Bass, walleye, trout, lake trout and salmon shall not be disturbed\non spawning beds in the closed season, nor shall their spawn or milt be\ntaken from spawning beds at any time.\n 4. Any noise or disturbance of waters or the banks thereof by any\nmeans with intent to drive fish into a net, which practice is commonly\nknown as thumping, is prohibited unless expressly permitted in the terms\nof a license or permit issued by the department.\n 5. No person owning, leasing, operating or maintaining a dam holding\nback water which such person knows or has reason to know is inhabited by\nfish shall draw off such water in such quantities as to cause directly\nthe loss of a substantial number of fish within the impoundment, if such\nperson knows or has reason to know that such loss is likely to occur,\nwithout the written permission of the department. The provisions of this\nsubdivision shall not apply, (a) to the federal government or any agency\nor subdivision thereof, (b) to any hydropower project licensed by the\nFederal Energy Regulatory Commission pursuant to the Federal Power Act\n(16 U.S.C. 791a et seq.), (c) in the event of an emergency, such as\nfire, flood, storm, drought, and the like, where the drawing off of such\nimpounded water is required for public safety or public health, (d) to\nany artificial or man-made body of water lying wholly within the\nboundaries of privately owned or leased lands and operated as a farm\npond, licensed farm fish pond, licensed fishing preserve water or\nlicensed private trout or bass hatchery, or (e) to any city having a\npopulation of one million or more.\n 6. No person taking or assisting in the taking of fish in other than\nthe marine and coastal district, as described in section 13-0103 of this\nchapter shall discard any fish carcass or parts thereof into the waters\nof this state or upon any public lands contiguous to and within one\nhundred feet of such waters or upon any private lands contiguous to and\nwithin one hundred feet of such waters unless such lands are owned by\nsuch person or unless such person enters or remains with the permission\nof the owner of record or his representative or agent. The provisions of\nthis section shall not be deemed to prohibit: the return to the water of\nlive fish or fish required to be returned to the water pursuant to\nsection 11-1301 or 11-1303 of this chapter or rules and regulations\npromulgated pursuant thereto; the use of fish or parts thereof as bait;\nthe discarding of fish carcasses or parts thereof into waters not within\none hundred feet of any shore; the proper disposal of fish carcasses or\nparts thereof into suitable garbage or refuse collection systems or by\nburial; or the incidental cleaning of fish for consumption except that\nno wastes resulting from such cleaning of fish may be disposed of in\nwaters or lands contiguous to and within one hundred feet of any public\nboat launching sites or public docking facilities or on such sites or\nfacilities except by proper disposal into suitable garbage or refuse\ncollection systems or by burial.\n 7. Spears, spear guns and underwater guns shall not be possessed by\nany person on any body of water within the Adirondack park boundary nor\nwithin a distance of two hundred feet of the high water mark of any body\nof water within the Adirondack park boundary at any time when the use of\nspears in the taking of fish from such body of water within the\nAdirondack park boundary is not permitted by law or regulation of the\ndepartment; except that nothing contained herein shall be construed to\nprevent the possession of spears in any dwelling or building within two\nhundred feet of the high water mark of such body of water.\n 8. Spears, spear guns, underwater guns, and snatch hooks shall not be\npossessed by any person on Lake George nor within a distance of two\nhundred feet of the high water mark of such lake, except in a dwelling\nor building, at any time when the use of such devices in the taking of\nfish in such lake is not permitted by law or regulation of the\ndepartment.\n 9. Pacific salmon shall not be taken by hooking, snatching or\nsnagging. Pacific salmon taken by hooking, snatching or snagging shall\nnot be possessed, transported or otherwise trafficked in.\n