Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 11-1911
Farm fish ponds
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 11, TITLE 19
§ 11-1911. Farm fish ponds.

1. "Farm fish pond" means a body of water, impounded by a dam, of not
more than ten acres of water surface when full, lying wholly within the
boundaries of privately owned or leased lands. It does not include any
pond used in connection with any private camp, boarding house, hotel or
other establishment catering to the public.

2. The department may issue to the owner or lessee of a farm fish pond
a license, effective for a period of five years, entitling the holder to
manage such fish pond for the production of fish. The department shall
fix the terms of each such license and may include therein (a)
permission to control undesirable fish, aquatic vegetation and insect
life, interfering with the production of fish and (b) permission,
notwithstanding any other provisions of this chapter to the contrary, to
release, stock and propagate fish in the licensed pond. The department
may specify in the license methods of control to be used and the manner
of taking and type, size and mesh of gear to be used in taking fish. The
department may, for cause, revoke or suspend any license issued pursuant
to this section.

3. No person shall release any species of fish into a farm fish pond
unless permission to do so is first obtained from the department.

4. A licensee, any member of his immediate family, and any person
actually employed by him in the cultivation of his farm or the
management of the licensed pond may without license issued under title 7
of the Fish and Wildlife Law, take fish of any size, in any number, at
any time, in any manner permitted by the department.

5. The holder of any type of fishing license, or a person entitled to
exercise the privileges of such a license, may, with the permission of
the licensee, take fish by angling from the licensed pond provided the
holder complies with the provisions of title 13 of the Fish and Wildlife
Law, with respect to open seasons, minimum size limits and daily and
seasonal possession limits.

6. a. Fish protected by law, except trout, black bass, muskellunge and
landlocked salmon, legally taken from a licensed farm fish pond, may be
bought and sold during their respective open seasons, and may be
possessed and transported at any time. Trout, black bass, muskellunge
and landlocked salmon, legally taken from a licensed farm fish pond may
be possessed and transported during their respective open seasons and
until March 1 immediately following, but unless such fish were taken by
a person described in subdivision 4 or are frozen or otherwise processed
and packaged for storage and are being transported to a place of storage
or consumption, no person shall transport in any one day a quantity of
such fish exceeding the quantity which may be legally taken from that
farm fish pond by a person described in subdivision 5.

b. Fish protected by law shall not be removed from the premises of the
licensee unless such fish or the package containing them bears the name
and address of the licensee and his license number and the name and
address of the person in whose possession they are.

c. Fish not protected by law, legally taken from a licensed farm fish
pond, may be possessed, transported, bought and sold at any time, except
that taking and sale of bait fish shall be permitted only under license
pursuant to section 11-1315.