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

1. After consultation with the appropriate agencies of the neighboring
states or provinces mentioned in this section, the department shall have
power to adopt regulations establishing open seasons, minimum size
limits, manner of taking, creel and seasonal limits for the taking of
fish in the waters of Indian Lake and Mianus Reservoir, both situated
partly in New York and partly in Connecticut, and in the waters of
Greenwood Lake, situate partly in New York and partly in New Jersey, and
in the Delaware River, situate partly in New York and partly in
Pennsylvania and in the waters of Lake Champlain situate partly in New
York, partly in Vermont and partly in the Province of Quebec. Such open
seasons, manner of taking and limits shall, whenever possible, be made
uniform, with those fixed by the neighboring state or province for the
waters in question with respect to all species upon which agreement can
be reached with the appropriate agency of that jurisdiction.

2. When the department shall find that conditions permit restoration
and maintenance of the shad run of the Delaware River and that
restrictions imposed under the foregoing powers are inadequate to
cooperate with Pennsylvania and New Jersey in maintaining the maximum
sustained yield of such fishery, the department is authorized after
consultation with the appropriate agencies of Pennsylvania and New
Jersey to declare by regulation that an emergency exists and in its
discretion to impose such additional restrictions for the taking of shad
in the Delaware River and its tributaries as to numbers and lengths and
types of nets and other gear, compulsory lift periods, licenses, closed
season, protected waters or other like measures as may in its judgment
be necessary to maintain such maximum sustained yield. In adopting any
such regulation, the department shall observe the conditions prescribed
in section 11-0315.

3. After consultation with the appropriate agencies of the neighboring
states and the Province of Ontario, the department shall have power to
adopt regulations establishing open seasons, minimum size limits, manner
of taking, and creel and seasonal limits for the taking of fish in the
waters of Lake Erie, Lake Ontario, the Niagara river and the St.
Lawrence river. Such open seasons, manner of taking and limits shall,
whenever possible, be made uniform with those fixed by the neighboring
states and the Province of Ontario, as the case may be, for the waters
in question with respect to all species upon which agreement can be
reached with the appropriate agency of that jurisdiction.