§ 11-1521. Management of striped bass in the Hudson River.

Notwithstanding any provision of law to the contrary:

1. Striped bass (Morone saxatilis) less than eighteen inches in total
length may not be taken, possessed, bought, sold or offered for sale.

2. Striped bass shall not be taken in the Hudson River from the George
Washington bridge north to the Federal dam at Troy from December 1
through March 15. Striped bass unintentionally taken in violation of
this subdivision shall be returned to the water immediately without
unnecessary injury.

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,
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.

5. In addition to the restrictions set forth in subdivision four
hereof, 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
department shall identify additional spawning areas and allocate fishing
locations within these spawning areas.

6. Striped bass unintentionally taken in violation of subdivision one,
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.

7. On or before March 15, 1984 the department shall adopt rules and
regulations limiting entry to the traditional commercial fishery for
striped bass in the Hudson River. Such rules and regulations may include
the establishment of a limit on the number of commercial striped bass
licenses to be issued, the establishment of equipment restrictions
necessary to maintain traditional fishing methods, the establishment of
a striped bass harvest quota for allocation among licensees and the
establishment of a Hudson River commercial fishing board whose members
will be appointed by the commissioner and which will function to approve
or deny applications for commercial striped bass licenses on the basis
of rules promulgated by the department, to establish criteria for the
allotment of individual licensee catch quotas and to allot the catch
quotas when the department establishes striped bass harvest limits for
allocation among licensees. Such rules and regulations shall be publicly
reviewed each year by the Hudson River Advisory Committee and revised as
needed to insure maintenance of an economically viable, stable and
traditional striped bass commercial fishery in the Hudson River and to
provide proper protection for the Hudson River striped bass population.

8. No person shall sell or expose or offer for sale, trade or barter
striped bass without first obtaining a commercial striped bass license.
A commercial striped bass license is required only for initial sale,
exposing or offering for sale, trade or barter and is not required for
subsequent sales. The resident fee for such license shall be determined
by the commissioner and shall not exceed one hundred dollars. Fees for
licensing nets in the Hudson River as required by department rules and
regulations shall be credited toward purchase of the commercial striped
bass license. The nonresident fee for such license shall be two hundred
dollars.