N.Y. Comp. Codes R. & Regs. tit. 6 § 36.3

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

Section 36.3 - Commercial fishing in the hudson river

(a) Anadromous river herring (alewife and blueback herring), may be taken with nets in the Hudson River from March 15th to June 15th. This subdivision is subject to additional emergency restrictions of the department pursuant to section 11-0315 of the Environmental Conservation Law. For the purposes of this subdivision, anadromous river herring, Hudson River, Hudson River tributary and Hudson River embayment shall have the same meaning as defined in Part 10 of this Title.

(b) No net shall be staked, anchored or otherwise fixed in position in the waters of the Hudson River within 1,500 feet upriver or downriver of any other licensee's net. No net shall exceed 600 feet in length.

(c) In the Hudson River south of the Federal Dam at Troy fish may only be taken with gill nets, trap nets, fyke nets, hoop nets, seines, minnow nets, stake stop nets, scoop, scap and dip nets subject to the following provisions:

(1) Seasonal restrictions. During the period December 1st--March 14th, both dates inclusive, no person shall set, place, possess or draw a net of any kind in or on that section of the Hudson River between the Troy Dam and the George Washington Bridge.

(2) Restricted areas. From March 15th to June 15th, both dates inclusive:

(i) No nets of any kind shall be set, placed, drawn or in any way used on the shoals or flats in the Hudson River known as "The Flats" beginning at the red buoy north of Kingston point and continuing in a northerly direction to the red buoy opposite the Village of Barrytown or in any Hudson River tributary or embayment.

(ii) No gill nets shall be possessed in or on that section of the Hudson River between the Federal dam at Troy and the Castleton-on-Hudson (Interstate 90 spur and railroad) bridges.

(iii) Gill nets having a stretched mesh of a maximum of 31/2 inches stretched mesh, inside measure, through the net, may be possessed and used in or on that section of the Hudson River between the Castleton-on-Hudson (Interstate 90 spur and railroad) bridges and the George Washington Bridge.

(iv) 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 Castleton-on-Hudson (Interstate 90 spur and railroad) bridges 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.

(v) Prior to entering a Hudson River tributary or embayment, all licensed gear must be stowed in a secured container on deck or in a container below deck.

(3) Mesh restrictions. From March 15th through June 15th:

(i) gill nets having a maximum of 31/2 inches stretched mesh, inside measure, through the net, may be used to take river herring (alewife or blueback herring). Any American shad taken must be immediately returned to the water.

(4) Escapement period. During the anadromous river herring (alewife and blueback herring) season, from March 15th to June 15th, both dates inclusive, no nets shall be set, placed or drawn or allowed to remain in, or possessed on the waters of the Hudson River below the dam at Troy between 6 a.m. prevailing time on Friday and 6 p.m. prevailing time on the following Saturday.

(5) Gear limits. In the Hudson River from the Bear Mountain Bridge north to the Castleton-on-Hudson (Interstate 90 spur and railroad) bridges, the permittee shall be in immediate attendance while fishing any gill net.

(6) Atlantic tomcod. Atlantic tomcod may be taken from November 1st through March 1st by trap or fyke net and from November 1st through November 30th by gill net.

(7) Operation of licensed nets at night. Nets that have been duly licensed may be operated between 1/2 hour before sunrise and sunset in the Hudson River south of the barrier dam at Troy to the Bear Mountain Bridge, except as restricted by paragraphs (1) and (5) of this subdivision.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 36.3