§ 13-0335. Food fish; license; prohibited acts.

1. A person who is domiciled in the state may take and land food fish
for commercial purposes, upon obtaining a marine commercial food fishing
license, except as prohibited by this chapter, from the waters of the
marine and coastal district and may land food fish taken from waters
outside New York state boundaries for commercial purposes. For purposes
of this section "commercial purposes" shall mean the taking of food fish
by any method for subsequent sale, trade or barter or to offer for sale,
trade or barter and the taking of food fish when setting, maintaining,
operating or using nets, except cast nets, not in excess of twenty feet
in diameter, when operated by hand for the purposes of taking only
Atlantic menhaden (Brevoortia tyrannus) and mullets (Mugil spp), for
recreational purposes only, seines not larger than thirty feet long or
four feet deep or lift nets not larger than sixteen square feet; traps,
except bait traps not more than thirty inches in length; combs; pots; or
hook and line, except by angling. The fee for such license shall be two
hundred fifty dollars, and shall cover all persons employed by the
licensee while engaged in such employment of commercial fishing.

2. A person not domiciled in the state may take food fish, except as
prohibited by this chapter, from the waters of the marine and coastal
district and may land food fish taken from outside New York state
boundaries for commercial purposes upon first obtaining a commercial
fishing license. The fee for such license shall be one thousand two
hundred fifty dollars, and shall cover all persons employed by the
licensee while engaged in such employment of commercial fishing. Such
licenses shall be issued only to persons domiciled in states offering
reciprocal fishing privileges to persons domiciled in New York state and
which implemented the size limits and other management strategies
recommended in fisheries management plans or amendments thereto adopted
by the Atlantic States Marine Fisheries Commission or the regional
management councils as provided in the Fisheries Conservation and
Management Act (16 USC 1800 et seq.) which have been implemented in New
York State. Such license shall only be issued during the month of
January of each year.

3. A person may land food fish, except as prohibited by this chapter
and except blackfish or tautog (tautoga onitis), taken from waters
outside the marine and coastal district for commercial purposes upon
first obtaining a marine and coastal district food fish landing license.
The fee for such marine and coastal district food fish landing license
shall be five hundred dollars and shall cover all persons employed by
the licensee while engaged in such employment of landing food fish.

4. Licenses issued under this section shall be non-transferable and
shall expire on the last day of December of each year. Such licenses
shall be issued annually and the department shall not limit the number
of licenses issued. The department may, in its discretion and after an
opportunity for a hearing, revoke any such license of any person who has
been convicted of a violation of title three of this article or who
signs an acknowledgment of such violation for the purpose of effecting a
settlement by civil compromise or by stipulation. The application for
any such license by a person under the age of sixteen shall be signed by
his parent or guardian who shall thereby consent to its issuance.

5. It shall be unlawful for any person to render food fish into
fertilizer.

6. No person shall intentionally disturb or without the consent of the
licensee take or remove fish or crustacea from any legally set or
operated nets or other commercial gear, or damage, take, remove or
possess any such net or gear. Possession of any such net or gear without
the consent of the licensee shall be considered prima facie evidence of
a violation of this subdivision.

7. The holder of any license issued pursuant to this section shall
display the license and/or have the license available for inspection
according to such rules and regulations as the department may
promulgate.

8. The provisions of sections 13-0311, 13-0329, 13-0331 and 13-0333 of
this title shall be applicable to lobsters, crabs, shellfish and
menhaden and no license therefor shall be required pursuant to this
section.

9. Notwithstanding the provisions of subdivision one of this section,
a person may, upon obtaining a marine bait permit, take marine bait fish
and sell such fish as bait at retail only, subject to the following
restrictions:

a. Only Atlantic menhaden, silversides (Minidia spp.) and killifish
(Fundulus spp.) may be taken and sold pursuant to this subdivision.

b. Bait fish to be sold pursuant to this subdivision may be taken only
using cast nets not larger than twenty feet in diameter, seines not
larger than thirty feet in length or four feet in depth, or lift nets
not larger than sixteen square feet or bait traps not more than thirty
inches in length.

c. Marine bait permits shall be available to any person at a fee of
fifty dollars, shall be non-transferable, and shall expire on December
thirty-first of the year of issue and shall identify the business name
and address of the single retail business at which the bait taken
pursuant to the permit may be sold.

d. The holder of a marine bait fish permit must be present and have
the permit in possession and available for inspection at all times when
the bait harvesting privileges of the permit are being exercised.