LBD14918-01-6
S. 9304 2
1. For the purposes of this chapter, a trawl shall be defined as a net
which is towed or dragged through the water column, capturing fish by
straining the water, but shall not include a seine which is used to
encircle fish. The term trawl shall include but not be limited to the
otter trawl, the beam trawl, the Paranzella or two-boat trawl, the pair
trawl, the Danish seine and the Scottish seine.
2. Trawls shall not be set or used in [the water areas of the marine
district described in the following subdivisions:
1. In the waters of the county of Richmond and in the counties of
Kings or Queens, northerly and westerly of a line from the sea end of
the breakwater at Rockaway Point to Romer Shoal lighthouse, including
Jamaica Bay and its adjacent bays, inlets, creeks and basins.
2. a. In the Atlantic Ocean within one-half mile of the coastline and
in all connecting tidal waters inshore of the coastline, from Rockaway
Inlet Jetty at Rockaway Point to the Town of Babylon bathing pavilion at
Cedar Island Beach, and in all tidal waters inshore of a line from the
Town of Babylon bathing pavilion to the sea buoy (BW S-I, Bell) at the
entrance of Fire Island Inlet and thence to the seaward end of Fire
Island Inlet Jetty at Democrat Point.
b. Seaward of Rockaway Inlet within an arc with a radius of one and
one-half miles measured from the point at 40°32.4' N latitude, 73°56.5'
W longitude, which is at or near the most southerly terminus of the
Rockaway Inlet Jetty at Rockaway Point.
c. Seaward of East Rockaway Inlet within an arc with a radius of one
and one-half miles measured from the point at 40°34.9' N latitude,
73°45.3' W longitude, which is at or near the most southerly terminus of
the East Rockaway Inlet Jetty at Silver Point.
d. Seaward of Jones Inlet within an arc with a radius of two miles
measured from the point at 40°34.4' N latitude, 73°34.6' W longitude,
which is at or near the most southerly terminus of the East (Short Beach
side) Inlet Jetty, during the period January 1 through June 14.
e. Seaward of Fire Island Inlet within an arc with a radius of two
miles measured from the point at 40°37.2' N latitude, 73°18.4' W longi-
tude, which is at or near the most southerly terminus of the Fire Island
Inlet Jetty at Democrat Point, during the period January 1 through June
14.
3. In Mecox Inlet within one-half mile of the narrowest part of the
mouth of such inlet and seaward of Moriches and Shinnecock Inlets within
separate arcs each with a radius of one and one-half miles measured from
a point for Moriches Inlet at 40°45.4' N latitude, 72°45.2' W longitude,
and for Shinnecock Inlet at 40°50.2' N latitude, 72°28.3' W longitude,
which points are midway between the points at the most southerly termini
of the east and west jetties at the entrance to each inlet.
4. In the Harlem River and the East River east of the Robert F. Kenne-
dy Bridge and in Long Island Sound west of a line drawn from Hewlett's
(King's) Point to the north end of Hart Island, thence to the south end
of Glen Island, and in their adjacent bays, coves, creeks and confluent
waters.
5. In Flanders Bay, Great Peconic Bay, Little Peconic Bay, Noyac Bay
and Shelter Island Sound, including all waters forming a part thereof or
tributary thereto, lying westerly of an imaginary line extending from
the most southerly point of Orient State Park to the most easterly point
of Shelter Island, also known as Ram Head, and from this point in a
generally southerly direction to the most northerly point of Cedar
Point, including all of Orient Harbor, Hallock Bay and Northwest Harbor.
S. 9304 3
6. In the county of Suffolk in the waters lying westerly of an imagi-
nary line extending in a southerly direction from the most easterly end
of Plum Island to the most northerly end of Gardiners Island, and
westerly of Gardiners Island, and westerly of a line extending in a
southerly direction from the most southerly end of Gardiners Island to
Goff Point; provided, however, that vessels and motorboats owned and
operated by citizens who are residents of the state may be used in such
waters in connection with the operation of trawls and other types of
nets towed by such boats and vessels. Nothing in this subdivision shall
be construed as legalizing the operation of any trawls in the waters
described in subdivision 5 of this section.
7. In Long Island Sound, including all waters forming a part thereof
or which are tributary thereto: a. west of an imaginary line from the
New York-Connecticut boundary shore line extending easterly and souther-
ly to Eaton's Point Neck on Long Island from April 1 to November 1.
b. South of a line from Hewlett Point on Great Neck eastward to Sands
Point on Manhassett Neck, then to Matinicock Point, then to Oak Neck
Point, then to Rocky Point at Centre Island, then to Lloyd Point, then
to Eaton's Neck Point, buoy 13, then to buoy "1" (privately maintained)
off the Northport Power Plant, then to buoy "NR" off the north of the
Nissequogue river, then to buoy "1" off Stony Brook Harbor, and then to
Crane Neck Point.
c. In the Nissequogue River.
d. Within Stony Brook Harbor.
e. Within one-half mile of the shore between an imaginary line extend-
ing north from Crane Neck Point and an imaginary line extending north
from the shore intersect of the Riverhead-Brookhaven town line near
Wading River, including all bays, harbors and tributaries landward ther-
eof, including Port Jefferson Harbor, Conscience Bay, Setauket Harbor
and Mount Sinai Harbor.
f. Within one mile of the shore of Fishers Island, or between the
shore of Fishers Island and the Connecticut-New York State boundary line
wherever such boundary line is within less than one mile of the shore of
Fishers Island.
8. In the waters of the Great South Bay, Moriches Bay and Shinnecock
Bay, including all tidal waters and all waters forming a part thereof or
tributary thereto.
9.] OR ON ANY WATERS OR WITHIN ONE-HALF MILE THEREOF.
3. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PROHIBITING THE
POSSESSION OR OPERATION OF TRAWLS FOR SCIENTIFIC PURPOSES AS AUTHORIZED
BY THE DEPARTMENT.
4. The department is authorized to adopt regulations prescribing the
minimum size net mesh[,] and the manner in which such nets may be
possessed and used[, in trawl fisheries for summer and winter flounder].
§ 4. Subdivisions 3, 4, 5, and 6 of section 11-1521 of the environ-
mental conservation law, as added by chapter 990 of the laws of 1983 and
subdivision 5 as amended by chapter 698 of the laws of 1994, are amended
to read as follows:
3. Striped bass shall not be taken in the Hudson River from the George
Washington bridge north to the Federal dam at Troy with seines, fykes,
OR hoop nets [or trawls].
[4. From March 15 through June 15, gill nets with stretched mesh size
greater than 3 1/2 inches and less than 5 inches shall not be set in the
Hudson River from the George Washington bridge north to the Federal dam
at Troy nor possessed while on those waters.
S. 9304 4
5. In addition to the restrictions set forth in subdivision four here-
of, from March 15 through June 15, no person shall set a gill net other
than a drift gill net in the waters of the Hudson River lying between
the Bear Mountain bridge and the Hamilton Fish Newburgh-Beacon bridge
nor possess any gill net other than a drift gill net while on the shores
or waters of that portion of the Hudson River. For the purposes of this
subdivision a drift gill net is defined as a gill net that is not
anchored or staked and is free to move with water currents. The depart-
ment shall identify additional spawning areas and allocate fishing
locations within these spawning areas.]
6. Striped bass unintentionally taken in violation of subdivision
one[,] OR three[, four or five] of this section shall be returned to the
water at once without unnecessary injury[, except that fish taken in
gill nets need not be so returned to the water but shall not be bought,
sold or trafficked in. For the purposes of this section "trafficked in"
includes possession or transportation in any boat or vehicle other than
the boat in which such striped bass were landed after being taken].
Nothing in this subdivision shall be construed as permitting any person
to possess striped bass of less than legal size.
§ 5. Subdivision 1, paragraph c of subdivision 2, and paragraph a of
subdivision 7 of section 13-0329 of the environmental conservation law,
subdivision 1 as amended by chapter 383 of the laws of 2004, paragraph c
of subdivision 2 as amended by chapter 263 of the laws of 1997, and
paragraph a of subdivision 7 as amended by chapter 357 of the laws of
1998, are amended to read as follows:
1. Any person domiciled within the state may take and land lobsters
(Homarus americanus) from the waters of the state or land lobsters in
the state taken elsewhere upon first obtaining a permit from the depart-
ment. There shall be two classes of permits: a non-commercial permit,
the fee for which shall be ten dollars, and a commercial permit, the fee
for which shall be one hundred fifty dollars. A non-commercial permit
shall allow the holder to set no more than five lobster pots and to take
or land in any one day no more than six legal lobsters by this or any
other legal method for the holder's own or family use. Holders of non-
commercial permits shall not sell, offer for sale, trade or barter, or
otherwise traffic in lobsters so taken. A commercial permit shall allow
the holder to set any number of pots and use any other legal method for
taking lobsters with no restriction on the number of legal lobsters that
may be taken, landed or possessed except that on the waters of Long
Island Sound and its adjoining bays, harbors and estuaries (herein
defined as all waters of the state north of the northern shore lines of
Long Island, Plum Island, Little Gull Island, Great Gull Island and
Fishers Island and all the waters of the state north of the waters that
separate those islands from each other) a person holding a commercial
permit who is a person operating or owning or on board a dragger or any
vessel used to operate any net defined as a trawl in section 13-0341 OF
THIS ARTICLE shall not take, land nor possess any lobsters or parts
thereof unless there are no such nets on board, attached to in any way,
or being used by such vessel. [This prohibition on the taking of
lobsters by the use of a trawl shall not allow the use of a trawl in any
waters where it is prohibited by sections 13-0341 and 13-0343.] The
department shall furnish forms for application for both classes of
permits. A non-commercial permit shall be issued to an individual. A
commercial permit shall be issued to an individual and it may be
endorsed for use on a fishing vessel, in which case it shall cover all
persons on board such vessel. The holder of a commercial permit shall be
S. 9304 5
liable for all violations that occur on the vessel for which the hold-
er's permit is endorsed. The holder of a permit shall carry on [his or
her]THEIR person or post on [his or her] THEIR vessel such permit at all
times when fishing for lobsters. Except as provided in subdivision six
of this section, the permit holder must be present at all times while
the privileges of such permit are being exercised and while lobster
fishing gear owned by the permit holder is being set out or retrieved.
The holder of a commercial permit may endorse such permit to only one
vessel at any one time and shall be on board such vessel at all times
when it is used for fishing for lobsters.
c. On the waters of Long Island Sound and its adjoining bays, harbors
and estuaries (as defined in subdivision 1 of this section) a person
holding such permit who is a person operating or owning or on board a
dragger or any vessel used to operate a trawl as defined in section
13-0341 OF THIS ARTICLE shall not take, land nor possess any lobsters or
parts thereof unless there are no such nets on board, attached to in any
way, or being used by such vessel. [This prohibition on the taking of
lobsters by the use of a trawl shall not allow the use of a trawl in any
waters where it is prohibited by sections 13-0341 and 13-0343.]
a. Lobsters may be taken only by lobster pots, traps[, otter trawls]
or similar devices, or by skin diving, including the use of self-con-
tained underwater breathing apparatus (SCUBA), or by hand. The use of
spears, gigs, gaffs, or other penetrating devices to take lobsters is
prohibited.
§ 6. Subdivision 10 of section 13-0329 of the environmental conserva-
tion law is REPEALED.
§ 7. Paragraph b of subdivision 1 of section 13-0339 of the environ-
mental conservation law, as amended by chapter 156 of the laws of 2003,
is amended to read as follows:
b. Open seasons, minimum size limits and catch limits for fish other
than the marine species named in subdivisions 2 and 3 of this section
are specified by regulations adopted pursuant to sections 11-0303,
11-1303, 13-0338, 13-0339-a, 13-0340, 13-0340-a, 13-0340-b, 13-0340-c,
13-0340-d, 13-0340-e, 13-0340-f and 13-0340-g of this chapter. [All
shortnose sturgeon irrespective of size and all Atlantic sturgeon under
the size limits prescribed by regulations adopted pursuant to section
11-1303 of this chapter taken in gill nets shall be immediately returned
to the water without unnecessary injury.] Other fish named by regu-
lations adopted pursuant to sections 11-0303, 11-1303, 13-0338,
13-0339-a, 13-0340, 13-0340-a, 13-0340-b, 13-0340-c, 13-0340-d,
13-0340-e, 13-0340-f and 13-0340-g of this chapter and under the size
limits prescribed in such regulations, shall not be bought, sold or
trafficked in.
§ 8. Subdivisions 15, 16, and 19 of section 13-0343 of the environ-
mental conservation law, as amended by chapter 546 of the laws of 1981,
paragraph a of subdivision 15 as amended by chapter 60 of the laws of
1997, paragraph b of subdivision 15 as relettered and subdivision 16 as
amended by chapter 17 of the laws of 1994, paragraph b of subdivision 15
as amended by chapter 416 of the laws of 1989, subdivision 19 as added
by chapter 397 of the laws of 1981, paragraph c of subdivision 19 as
amended by chapter 681 of the laws of 1984, paragraph d as amended by
chapter 132 of the laws of 1989, and paragraph f of subdivision 19 as
added by chapter 573 of the laws of 1997, are amended to read as
follows:
15. [a.] Nets shall not be used in Long Island sound west of an imagi-
nary line from the New York-Connecticut boundary shore line extending
S. 9304 6
easterly and southerly to Eaton's Point Neck on Long Island from April 1
to November 1, nor at any time in the waters of Huntington Bay, Lloyd
Harbor, Northport Bay or Coldspring Harbor; provided, however, that hand
nets not more than forty feet long and four feet in width may be used to
take minnows and shrimp for bait, at any time.
[b. Gill nets shall not be used in Long Island Sound or in harbors,
bays or other waters adjacent thereto west of an imaginary line extend-
ing north from the easterly boundary of the town of Brookhaven on the
north shore of Long Island in the county of Suffolk. However, as permit-
ted under subdivision ten of section 13-0329 of this chapter, a holder
of a commercial lobster license may use no more than one gill net not
longer than three hundred feet with a stretched mesh size between three
and one-half inches and four and one-quarter inches to take bait fish
between April 1 and November 15 during each weekly period beginning 6:00
p.m., Sunday, through 9:00 a.m. Friday, providing that each net will be
buoyed on each end and identified with the permittee's commercial
lobster license number. The net shall be fished with the top not less
than four feet below the surface of the water.]
16. Unless permitted by statute, or licensed or permitted by the
department, nets shall not be possessed by any person in or on waters of
the marine district, in the following instances:
a. Nets of metallic fabric shall not be possessed in or on any waters
or within one-half mile thereof;
b. [In waters where use of trawls is prohibited by section 13-0341,
such trawls shall not be possessed in the waters where their use is
prohibited, or during any time when such use is so prohibited] TRAWLS,
GILL NETS, AND TRAMMEL NETS SHALL NOT BE POSSESSED, SET OR OPERATED IN
OR ON ANY WATERS OR WITHIN ONE-HALF MILE THEREOF;
c. In waters where use of nets other than trawls, or use of trawls[;],
is prohibited by this section, the nets, or trawls, as the case may be,
or nets of the kind or kinds prohibited, shall not be possessed in the
waters where their use is prohibited or during any time when such use is
prohibited, except that where a provision of this section expressly
specifies a lesser distance from the water in which possession is
prohibited, this section does not enlarge the distance from the water in
which such possession is prohibited.
d. Nothing in this subdivision shall be construed as prohibiting
commercial fishing vessels sailing to or from offshore fishing grounds
from carrying on board fishing gear that may legally be used in such
offshore waters even though they must pass through waters where the use
of such gear is otherwise prohibited.
E. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED AS PROHIBITING THE
POSSESSION OR USE OF TRAWLS FOR SCIENTIFIC PURPOSES AS AUTHORIZED BY THE
DEPARTMENT.
19. [a.] Gill [or] AND trammel nets SHALL NOT BE POSSESSED, set or
operated in [the marine and coastal district shall be marked at each end
with an orange flag at least twelve inches square attached to a mast
rising above the surface of the water at least five feet. Nets operated
after dark shall have orange and white reflective tape attached to the
mast for a minimum one foot length immediately below the flag.
b. No gill or trammel net shall be set or operated in the marine and
coastal district within one thousand feet of a pound or trap net.
c. Except in the waters of the Atlantic Ocean, Long Island Sound,
Tiana Bay, Shinnecock Bay, Mecox Bay, Quantuck Bay, that portion of
Moriches Bay within the town of Southampton, and the marine and coastal
waters lying easterly of an imaginary line extending in a general south-
S. 9304 7
erly direction from Cleaves Point in the town of Southold to Hay Beach
Point in Shelter Island, and a line extending in a general northeasterly
direction from Mashomack Point in Shelter Island to Cedar Point at the
eastern entrance to Sag Harbor, no gill or trammel net shall be set in
the waters of the marine and coastal district from sunset Friday to
sunrise Monday during the period from April first to November first.
d. Gill or trammel nets set or operated in the waters of the Great
South Bay shall not exceed twelve hundred feet in length. In addition to
the requirements in paragraph a of this subdivision, nets set or oper-
ated in the Great South Bay shall display surface markers at least every
one hundred feet. No gill or trammel net shall be set in the waters of
the Great South Bay from May first until May thirty-first, inclusive.
For the purposes of this subdivision, Great South Bay shall mean the
waters extending east from Wantagh State Parkway to the Smith Point
Bridge and southwest to the Robert Moses Inlet Bridge.
e. Those gill and trammel nets set in the waters of the Hudson River
in accordance with section 11-1511 of this chapter shall be exempt from
the provisions of this subdivision.
f. The use of gill or trammel nets for the taking of blackfish is
prohibited] OR ON ANY WATERS OR WITHIN ONE-HALF MILE THEREOF.
§ 9. Subdivision 2 of section 13-0347, as added by chapter 990 of the
laws of 1983, is amended to read as follows:
2. Striped bass less than twenty-four inches in total length taken by
other methods including but not limited to [gill nets,] haul seines [and
trawl nets] shall not be possessed, bought, sold or offered for sale.
§ 10. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made on or before such effective
date.
