N.Y. Comp. Codes R. & Regs. tit. 6 § 36.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 36.2 - Commercial fishing in lake erie and lake ontario

(a) Any person licensed to operate commercial fishing gear pursuant to section 11-1503 of the Environmental Conservation Law may take bullhead, bluegill, bowfin, burbot, carp, cisco, crappie, freshwater drum, gar, gizzard shad, lake whitefish, pumpkinseed, rock bass, sucker, white bass, white perch and yellow perch only. All other species must be immediately returned to the water.

(b) In Lake Erie fish may be taken only in fyke nets and trap nets having a mesh size not less than 11/8 inches bar measure. Nets may only be set in waters having a depth greater than 24 feet or four fathoms and at no time may nets be set within two miles of the mouth of Cattaraugus Creek nor within seven miles of the Peace Bridge. From May 1st through October 31st, nets may only be set beyond 11/2 miles of shore or islands.

(c) In Lake Ontario, including Chaumont Bay, the issuance of gill net licenses is restricted. No new licenses will be issued. Current licenses are available only to those persons who held a valid gill net license on December 31, 1986. All licenses are nontransferable.

(d) The owner of a boat or vessel on Lake Ontario to whom a license to use gill nets has been issued, shall at all times have his or her license in plain sight aboard the boat named in the said license. Gill nets licensed pursuant to section 11-1503 of the Environmental Conservation Law and these rules for use in Lake Ontario shall not be used in connection with, nor operated from, any boat other than the boat named in the said license except on permission in writing from the department. Each licensee shall exhibit his license when requested by an Environmental Conservation officer, or by any police or peace officer in this State, or by any person designated by the department.

(e) Gill nets for taking fish in Lake Ontario shall measure not less than 11/8 inches bar measure except gill nets for taking whitefish shall measure not less than 23/8 inches bar measure.

(f) In Lake Ontario fyke nets and trap nets may only be set beyond one half mile of shore and beyond one mile of the Niagara River. During the months of June, July, August and September nets may not be set within 11/2 miles of the shore between the Government Pier at the outlet of Sodus Bay and Bollerpoint, in the County of Wayne.

(g) In Lake Ontario, in areas where nets may be operated, pursuant to license, trap and fyke nets shall have a mesh of not less than 11/8 inches, bar measure.

(h) Except in Chaumont Bay or elsewhere as permitted by the department, nets are prohibited at all times in the bays and harbors of Lake Ontario.

(i) At all times nets are prohibited in the waters of Henderson Bay and the surrounding area bounded as follows: By a line drawn from Horse Island Lighthouse to a point one mile from the most northeasterly point of Galloo Island, thence around the northerly side of Galloo Island and one mile from the shore thereof and extending to a point one mile from the most southwesterly point of Galloo Island, thence in a straight line to a point one mile south of the Ellisburg- Henderson town line, thence along the shore of Lake Ontario and Henderson Bay to the nearest point on the mainland opposite Horse Island Lighthouse, and thence to Horse Island Lighthouse, the place of beginning.

(j) The Chaumont Bay area means the waters of Lake Ontario in Jefferson County within one half mile of the shores, between Horse Island in the Town of Hounsfield and Tibbet's Light in the Town of Cape Vincent including all the waters of Black River Bay, Chaumont Bay, Chaumont River west of Depauville, and the waters within one half mile of the shores of Grenadier and Fox Islands. Fish named in subdivision (a) of this section may be taken from September 15th through May 15th or other dates as specified by department regulation subject to the following provisions:

(1) Nets shall not be used in Mud Bay, except to take bait fish.

(2) Licensed nets set in the Chaumont Bay area shall be visited and all fish removed there from at least once in each 48 hours.

(3) For any year in which the department finds that cold weather has delayed the deployment of trap and fyke nets by persons licensed to use such nets, the department may extend the season during which such nets may be used, but not beyond the Friday preceding the Memorial Day holiday. Prior written notice of such extension shall be provided to all license holders and shall also be provided by press release and any other means that the department finds is likely to reach the affected public.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 36.2