§ 11-1315. Taking and sale of bait fish.

1. a. Except as provided in subdivision 2, no person, without first
obtaining the appropriate license from the department, shall take for
sale as bait, nor sell as bait the following fish: minnows (family
Cyprinidae), except carp or goldfish; top minnows or killifish (family
Cyprinodontidae); mudminnows (family Umbridae); darters (family
Estheostomidae); sticklebacks (genus Eucalia); tadpole stone cats
(genera Noturus and Schilbeodes); smelt or ice fish (Osmerus mordax);
alewives, saw bellies or blueback herring (family Clupeidae); suckers
(family Catostomidae).

b. Fish taken pursuant to such license shall be used only for bait in
hook and line fishing. All carp, goldfish, and lamprey larvae (family
Petromyzonidae) taken in nets operated pursuant to such license shall be
destroyed immediately.

2. No license under this section is required to take for sale as bait
or to sell as bait any marine species of fish taken in the marine
district. A minor under the age of sixteen years may, without a license,
sell as bait such of the fish listed in subdivision 1 as he has lawfully
taken by angling.

3. Bait fish named in subdivision 1, when otherwise permitted by law,
may be taken for use or sale as bait by:

a. angling,

b. nets when permitted by subdivisions 4 and 5 of this section, or

c. stunning in the case of tadpole stone cats. "Stunning" means
tapping a stone with implement or other stone.

4. a. Fish named in subdivision 1, taken for use as bait for personal
use and not for sale, may be taken:

(1) in waters not inhabited by trout, by means of a seine or scap net
not larger than thirty-six square feet, and

(2) in any waters of the state by means of a glass, plastic or wire
trap not more than twenty inches in length, having no wings or leaders
and having an entrance not larger than one inch in diameter, and such
trap shall bear legibly at all times when in the water the name and
address of the operator.

b. In Keuka Lake, Canandaigua Lake, Cayuga Lake, Seneca Lake, Canadice
Lake and Hemlock Lake, alewives or sawbellies taken for such purpose may
also be taken by gill nets measuring not more than twenty-five feet in
length, having a mesh not larger than one inch.

c. Nets for taking bait fish shall not be hauled after sunset or
before sunrise, except as permitted by the department.

d. Fish named in subdivision 1 may be taken for personal use or sale
as bait under license from the department in the waters of the Hudson
river by means of cast nets not exceeding ten feet in diameter.

5. Fish named in subdivision 1, taken for sale as bait under license
from the department, may be taken by the types of nets specified in such
license. In issuing such licenses the department may permit the use of
nets of metallic or plastic mesh, notwithstanding the definition of
"net" as contained in section 11-0103 of the Fish and Wildlife Law.

6. a. Carp, goldfish, and lamprey larvae (family Petromyzonidae) shall
not be used as bait or sold for bait.

b. No person shall take smelt for bait from Upper and Lower Saranac
lakes or Lake Champlain, except by angling.

c. Nets and traps for the taking of bait fish shall not be placed or
operated within one hundred feet of any dock, pier, or boat landing on
the St. Lawrence River without the consent of the owner.

7. The license provided for in subdivision 1 shall be issued only to
residents of this state and to residents of a state in which residents
of this state may be licensed, or are permitted without license, to take
such fish for sale as bait.

8. This section does not supersede any provision of section 13-0343
restricting the use of nets in certain waters of the marine district or
subdivision 2 of section 11-1307.