§ 13-0343. Nets other than trawls; restrictions on use of nets and

trawls.

1. Nets other than trawls shall not be placed, maintained or used in
any of the following waters except: (a) as permitted by this section;
(b) landing nets may be used in completing the catch of fish hooked by
angling; and (c) cast nets, not in excess of twenty feet in diameter,
operated by hand may be used to take Atlantic menhaden (Brevoortia
tyrannus) and mullets (Mugil spp), except in the waters described in
subdivisions four, eight and twelve of this section. The use of cast
nets shall be limited to one per boat.

2. In the waters of the marine district in the county of Richmond
purse seines may not be used to take menhaden; and nets of not more than
ten feet in length, operated by hand, may be used to take minnows and
shrimp for bait.

3. In the Harlem River and the East River east of the Robert F.
Kennedy Bridge and in Long Island Sound west of a line drawn from
Hewlett's (King's) Point to the north end of Hart Island, thence to the
south end of Glen Island, and in their adjacent bays, coves, creeks and
confluent waters, only such nets as are used to take lobsters or crabs
may be used.

4. In the Nissequogue River fish may be taken by angling only except
that nets of not more than twenty feet in length and four feet in depth,
operated by hand, may be used to take bait fish during daylight hours
only.

5. a. In the inland tidal waters within the town of Hempstead, no
person shall at any time engage in eel dredging by the use of nets
accompanied by cutting boards, chains or other similar devices.

b. In the inland tidal waters within the town of Hempstead westerly of
the Wantagh State Parkway causeway, nets shall not be used except nets,
not over forty feet long and four feet deep, may be used to take minnows
or shrimp for bait.

6. In Jamaica Bay and its adjacent creeks, inlets and basins, nets
shall not be used inshore of a line from the beacon at Rockaway Point
jetty to the municipal bath houses on Coney Island, except that minnows
and shrimp may be taken by hand nets not over forty feet long and four
feet deep and except that nets other than trawls may be used from
October 10 to December 31 in that part of such area southerly of a line
from the lighted beacon at Manhattan Beach to the most southerly point
on Barren Island and westerly of the Marine Parkway bridge across
Rockaway Inlet.

7. In Gravesend Bay, and in the Atlantic Ocean within one-half mile of
the shore from Norton's point to the municipal bath houses on Coney
Island and within one-half mile of the shore from the Rockaway Inlet
jetty at Rockaway Point to the East Rockaway Inlet jetty at Silver
Point, nets shall not be used except as follows:

a. To take minnows or shrimp for bait, hand nets not more than forty
feet long and four feet deep.

b. To take eels, spears and eel weirs.

c. To take menhaden, vessels of forty tons or less register using nets
other than trawls, except where prohibited by subdivision 13 of this
section.

8. In the Carmans river, Suffolk county.

a. Nets shall not be used in the river north of a line running from
the most southerly point of land within the Wertheim National Wildlife
Refuge on the western shore of the river easterly to the point where the
southern boundary of the refuge meets the eastern shore of the river.

b. Eel pots shall not be used north of the point where Beaver Dam road
(Brookhaven avenue) meets the river. Between the point where Beaver Dam
road meets the river and the line described in paragraph a of this
subdivision eel pots may be used only to take eels.

9. In Jones' Inlet, nets, except haul seines of not more than one
hundred twenty feet in length and six feet in depth used to take bait
fish or crustacea, shall not be used inshore from an east and west line
drawn from a point one-half mile southerly of the municipal bathing
pavilion at Point Lookout, thence easterly to a point one-half mile
southerly of the Short Beach Coast Guard tower. The inshore boundary of
the Jones' Inlet area closed to certain netting shall be the bridges of
the Loop and Meadowbrook Parkway.

10. In Fire Island Inlet, nets, except during the period of time from
April first through May thirty-first haul seines of not more than one
hundred seventy-five feet in length and twenty feet in depth used to
take bait fish or crustacea, shall not be used inshore of a line drawn
from the sea end of the government jetty at Democrat Point to the town
of Babylon bathing pavilion at Cedar Island Beach. The inshore boundary
of the Fire Island Inlet area closed to certain netting shall be the
Robert Moses bridge to Fire Island.

11. Nets shall not be used in Moriches inlet, Shinnecock Inlet and in
Mecox Inlet nor in the Atlantic Ocean within one-half mile of the shores
thereof for a distance of one-half mile measured east and west along the
beach from the east and west shores of the seaward entrances to such
inlets. The department, for law enforcement purposes, may in its
discretion erect suitable markers on the beach at the limit points.

12. In the Connetquoit River nets shall not be used.

13. In the waters of the Atlantic Ocean and Fire Island Inlet, nets
shall not be used within one thousand feet of the beach between Rockaway
Inlet Jetty at Rockaway Point and the headland extending into Fire
Island Inlet known as the "sore thumb".

14. In the county of Suffolk.

a. In the waters lying westerly of an imaginary line extending in a
general southerly direction from Leaves Point in Southold town to Hay
Beach Point in Shelter Island, and a line extending in a general
northeasterly direction from Mashomack Point in Shelter Island to Cedar
Point at the eastern entrance to Sag Harbor.

(1) haul seines shall not be used measuring over one hundred fifty
fathoms in length, attached to which may be two wings, each measuring
not more than one hundred fifty fathoms in length with a stretched mesh
size including knot of not less than three and one-quarter inches in one
wing and three and one-half inches in the other wing;

(2) the use of haul seines is prohibited from midnight Thursday to
6:00 P.M. Sunday.

(3) when permitted by the commissioner, pound or trap nets may be used
in the waters described in paragraph a of this subdivision provided they
do not interfere with or obstruct navigation or the carrying out of
shellfish culture as provided in this chapter. Any such pound or trap
nets shall be marked in accordance with requirements prescribed by the
commissioner.

b. Waste fish shall not be left on shore or within the waters five
hundred feet from shore.

15. a. Nets shall not be used in Long Island sound west of an
imaginary line from the New York-Connecticut boundary shore line
extending easterly and southerly to Eaton's Point Neck on Long Island
from April 1 to November 1, nor at any time in the waters of Huntington
Bay, Lloyd Harbor, Northport Bay or Coldspring Harbor; provided,
however, that hand nets not more than forty feet long and four feet in
width may be used to take minnows and shrimp for bait, at any time.

b. Gill nets shall not be used in Long Island Sound or in harbors,
bays or other waters adjacent thereto west of an imaginary line
extending north from the easterly boundary of the town of Brookhaven on
the north shore of Long Island in the county of Suffolk. However, as
permitted under subdivision ten of section 13-0329 of this chapter, a
holder of a commercial lobster license may use no more than one gill net
not longer than three hundred feet with a stretched mesh size between
three and one-half inches and four and one-quarter inches to take bait
fish between April 1 and November 15 during each weekly period beginning
6:00 p.m., Sunday, through 9:00 a.m. Friday, providing that each net
will be buoyed on each end and identified with the permittee's
commercial lobster license number. The net shall be fished with the top
not less than four feet below the surface of the water.

16. Unless permitted by statute, or licensed or permitted by the
department, nets shall not be possessed by any person in or on waters of
the marine district, in the following instances:

a. Nets of metallic fabric shall not be possessed in or on any waters
or within one-half mile thereof;

b. In waters where use of trawls is prohibited by section 13-0341,
such trawls shall not be possessed in the waters where their use is
prohibited, or during any time when such use is so prohibited;

c. In waters where use of nets other than trawls, or use of trawls; is
prohibited by this section, the nets, or trawls, as the case may be, or
nets of the kind or kinds prohibited, shall not be possessed in the
waters where their use is prohibited or during any time when such use is
prohibited, except that where a provision of this section expressly
specifies a lesser distance from the water in which possession is
prohibited, this section does not enlarge the distance from the water in
which such possession is prohibited.

d. Nothing in this subdivision shall be construed as prohibiting
commercial fishing vessels sailing to or from offshore fishing grounds
from carrying on board fishing gear that may legally be used in such
offshore waters even though they must pass through waters where the use
of such gear is otherwise prohibited.

17. Within three nautical miles of the Atlantic coastline and in all
other tidal waters within the state, the use of purse seines for taking
food fish is prohibited.

18. Nets and seines measuring more than twenty-five feet in length and
four feet in depth shall not be used in the waters of Oyster Bay Harbor.

19. a. Gill or trammel nets set or operated in the marine and coastal
district shall be marked at each end with an orange flag at least twelve
inches square attached to a mast rising above the surface of the water
at least five feet. Nets operated after dark shall have orange and white
reflective tape attached to the mast for a minimum one foot length
immediately below the flag.

b. No gill or trammel net shall be set or operated in the marine and
coastal district within one thousand feet of a pound or trap net.

c. Except in the waters of the Atlantic Ocean, Long Island Sound,
Tiana Bay, Shinnecock Bay, Mecox Bay, Quantuck Bay, that portion of
Moriches Bay within the town of Southampton, and the marine and coastal
waters lying easterly of an imaginary line extending in a general
southerly direction from Cleaves Point in the town of Southold to Hay
Beach Point in Shelter Island, and a line extending in a general
northeasterly direction from Mashomack Point in Shelter Island to Cedar
Point at the eastern entrance to Sag Harbor, no gill or trammel net
shall be set in the waters of the marine and coastal district from
sunset Friday to sunrise Monday during the period from April first to
November first.

d. Gill or trammel nets set or operated in the waters of the Great
South Bay shall not exceed twelve hundred feet in length. In addition to
the requirements in paragraph a of this subdivision, nets set or
operated in the Great South Bay shall display surface markers at least
every one hundred feet. No gill or trammel net shall be set in the
waters of the Great South Bay from May first until May thirty-first,
inclusive. For the purposes of this subdivision, Great South Bay shall
mean the waters extending east from Wantagh State Parkway to the Smith
Point Bridge and southwest to the Robert Moses Inlet Bridge.

e. Those gill and trammel nets set in the waters of the Hudson River
in accordance with section 11-1511 of this chapter shall be exempt from
the provisions of this subdivision.

f. The use of gill or trammel nets for the taking of blackfish is
prohibited.