§ 13-0339. Marine fish; size limits of marine species; sale of marine

species.

1. a. The taking of fish with nets in the marine and coastal district
is governed by sections 13-0333, 13-0335, 13-0341, 13-0343, 13-0347 and
11-1521, and regulations adopted pursuant to sections 11-0303, 11-1303,
13-0338, 13-0339-a, 13-0340, 13-0340-a, 13-0340-b, 13-0340-c, 13-0340-d,
13-0340-e, 13-0340-f and 13-0340-g of this chapter. The taking of fish
by other means, in the marine and coastal district, is governed by title
13 of article 11 of the Fish and Wildlife Law, subject to restrictions
in section 13-0343 as to certain waters, and to provisions of sections
13-0347 and 11-1521 and regulations adopted pursuant to section 11-0303
of this chapter as to striped bass and sections 13-0338, 13-0339-a,
13-0340, 13-0340-a, 13-0340-b, 13-0340-c, 13-0340-d, 13-0340-e,
13-0340-f and 13-0340-g as to other species of marine fish. The taking,
and sale or taking for sale, of certain bait fish are governed by
section 11-1315 of this chapter.

b. Open seasons, minimum size limits and catch limits for fish other
than the marine species named in subdivisions 2 and 3 of this section
are specified by regulations adopted pursuant to sections 11-0303,
11-1303, 13-0338, 13-0339-a, 13-0340, 13-0340-a, 13-0340-b, 13-0340-c,
13-0340-d, 13-0340-e, 13-0340-f and 13-0340-g of this chapter. All
shortnose sturgeon irrespective of size and all Atlantic sturgeon under
the size limits prescribed by regulations adopted pursuant to section
11-1303 of this chapter taken in gill nets shall be immediately returned
to the water without unnecessary injury. Other fish named by regulations
adopted pursuant to sections 11-0303, 11-1303, 13-0338, 13-0339-a,
13-0340, 13-0340-a, 13-0340-b, 13-0340-c, 13-0340-d, 13-0340-e,
13-0340-f and 13-0340-g of this chapter and under the size limits
prescribed in such regulations, shall not be bought, sold or trafficked
in.

c. The sale, possession and transportation of fish, other than the
marine species named in subdivisions 2 and 3 of this section are
governed by sections 11-1319, 11-1521 and 13-0347, and regulations
adopted pursuant to sections 11-0303, 11-1303, 13-0338, 13-0339-a,
13-0340, 13-0340-a, 13-0340-b, 13-0340-c, 13-0340-d, 13-0340-e,
13-0340-f and 13-0340-g of this chapter.

2. Fluke or summer flounder (Paralichthys dentatus) and southern
flounder (Paralichthys lethostigma) less than fourteen inches in length,
weakfish (Cynoscion regalis) less than twelve inches in length, Atlantic
cod (Gadus morhua) less than nineteen inches in length, porgy or scup
(Stenotomus chrysops) less than seven inches, black sea bass
(Centropristis striata) less than nine inches, and winter flounder
(Pleuorenectes americanus) less than eleven inches in length may not be
taken by angling for recreational purposes.

3. Fluke or summer flounder (Paralichthys dentatus) and southern
flounder (Paralichthys lethostigma) less than fourteen inches; blue fish
(Pomatomus saltatrix) less than nine inches; porgy or scup (Stenotomus
chrysops) less than nine inches; weakfish (Cynoscion regalis) less than
twelve inches; mackerel (Scomber scombrus) less than seven inches; black
sea bass (Centropristis striata) less than nine inches; Atlantic cod
(Gadus morhua) less than nineteen inches; winter flounder (Pleuorenectes
americanus) less than twelve inches, may not be taken or possessed for
commercial purposes or transported for commercial purposes nor bought,
sold or offered for sale. For purposes of this subdivision, commercial
purposes includes use of any form of net, comb, dredge or hook and line,
except angling.

4. All length measurements in this section shall be taken as the total
length which is defined as the longest straight-line measurement from
the most anterior or forward part of the fish with the jaws closed to
the tip of the tail. The tail rays of a fish with a forked tail may be
squeezed together to give the longest overall measurement.

5. Blue marlin (Makaira nigricans), white marlin (Tetrapturus
albidus), sailfish (Istiophorus platypterus), and longbill spearfish
(Tetrapturus pfluegeri) shall not be bought, sold or offered for sale.
Striped marlin (Tetrapturus audax), black marlin (Makaira indica),
shortbill spearfish (Tetrapturus angustirostris) shall not be bought,
sold or offered for sale unless identified and tagged as such prior to
entry into the state. Such identification and tag shall include at a
minimum, the species of billfish and the place of initial landing.