§ 11-1321. Other prohibited acts.

1. No person shall take fish (a) by use of explosives or (b) by
shutting or drawing off water.

2. Explosives shall not be used or possessed in or on the waters of
the state or shores or islands thereof except for mining or mechanical
purposes. Possession of explosives in such places by any person shall be
presumptive evidence of violation of this subdivision.

3. Bass, walleye, trout, lake trout and salmon shall not be disturbed
on spawning beds in the closed season, nor shall their spawn or milt be
taken from spawning beds at any time.

4. Any noise or disturbance of waters or the banks thereof by any
means with intent to drive fish into a net, which practice is commonly
known as thumping, is prohibited unless expressly permitted in the terms
of a license or permit issued by the department.

5. No person owning, leasing, operating or maintaining a dam holding
back water which such person knows or has reason to know is inhabited by
fish shall draw off such water in such quantities as to cause directly
the loss of a substantial number of fish within the impoundment, if such
person knows or has reason to know that such loss is likely to occur,
without the written permission of the department. The provisions of this
subdivision shall not apply, (a) to the federal government or any agency
or subdivision thereof, (b) to any hydropower project licensed by the
Federal Energy Regulatory Commission pursuant to the Federal Power Act
(16 U.S.C. 791a et seq.), (c) in the event of an emergency, such as
fire, flood, storm, drought, and the like, where the drawing off of such
impounded water is required for public safety or public health, (d) to
any artificial or man-made body of water lying wholly within the
boundaries of privately owned or leased lands and operated as a farm
pond, licensed farm fish pond, licensed fishing preserve water or
licensed private trout or bass hatchery, or (e) to any city having a
population of one million or more.

6. No person taking or assisting in the taking of fish in other than
the marine and coastal district, as described in section 13-0103 of this
chapter shall discard any fish carcass or parts thereof into the waters
of this state or upon any public lands contiguous to and within one
hundred feet of such waters or upon any private lands contiguous to and
within one hundred feet of such waters unless such lands are owned by
such person or unless such person enters or remains with the permission
of the owner of record or his representative or agent. The provisions of
this section shall not be deemed to prohibit: the return to the water of
live fish or fish required to be returned to the water pursuant to
section 11-1301 or 11-1303 of this chapter or rules and regulations
promulgated pursuant thereto; the use of fish or parts thereof as bait;
the discarding of fish carcasses or parts thereof into waters not within
one hundred feet of any shore; the proper disposal of fish carcasses or
parts thereof into suitable garbage or refuse collection systems or by
burial; or the incidental cleaning of fish for consumption except that
no wastes resulting from such cleaning of fish may be disposed of in
waters or lands contiguous to and within one hundred feet of any public
boat launching sites or public docking facilities or on such sites or
facilities except by proper disposal into suitable garbage or refuse
collection systems or by burial.

7. Spears, spear guns and underwater guns shall not be possessed by
any person on any body of water within the Adirondack park boundary nor
within a distance of two hundred feet of the high water mark of any body
of water within the Adirondack park boundary at any time when the use of
spears in the taking of fish from such body of water within the
Adirondack park boundary is not permitted by law or regulation of the
department; except that nothing contained herein shall be construed to
prevent the possession of spears in any dwelling or building within two
hundred feet of the high water mark of such body of water.

8. Spears, spear guns, underwater guns, and snatch hooks shall not be
possessed by any person on Lake George nor within a distance of two
hundred feet of the high water mark of such lake, except in a dwelling
or building, at any time when the use of such devices in the taking of
fish in such lake is not permitted by law or regulation of the
department.

9. Pacific salmon shall not be taken by hooking, snatching or
snagging. Pacific salmon taken by hooking, snatching or snagging shall
not be possessed, transported or otherwise trafficked in.