Section 11-1321. Other prohibited acts


Latest version.
  • 1.  No  person  shall  take  fish  (a)  by use of explosives or (b) by
      shutting or drawing off water.
        2. Explosives shall not be used or possessed in or on  the  waters  of
      the  state  or shores or islands thereof except for mining or mechanical
      purposes. Possession of explosives in such places by any person shall be
      presumptive evidence of violation of this subdivision.
        3. Bass, walleye, trout, lake trout and salmon shall not be  disturbed
      on  spawning beds in the closed season, nor shall their spawn or milt be
      taken from spawning beds at any time.
        4. Any noise or disturbance of waters or  the  banks  thereof  by  any
      means  with  intent to drive fish into a net, which practice is commonly
      known as thumping, is prohibited unless expressly permitted in the terms
      of a license or permit issued by the department.
        5. No person owning, leasing, operating or maintaining a  dam  holding
      back water which such person knows or has reason to know is inhabited by
      fish  shall  draw off such water in such quantities as to cause directly
      the loss of a substantial number of fish within the impoundment, if such
      person knows or has reason to know that such loss is  likely  to  occur,
      without the written permission of the department. The provisions of this
      subdivision shall not apply, (a) to the federal government or any agency
      or  subdivision  thereof,  (b) to any hydropower project licensed by the
      Federal Energy Regulatory Commission pursuant to the Federal  Power  Act
      (16  U.S.C.  791a  et  seq.),  (c) in the event of an emergency, such as
      fire, flood, storm, drought, and the like, where the drawing off of such
      impounded water is required for public safety or public health,  (d)  to
      any  artificial  or  man-made  body  of  water  lying  wholly within the
      boundaries of privately owned or leased lands and  operated  as  a  farm
      pond,  licensed  farm  fish  pond,  licensed  fishing  preserve water or
      licensed private trout or bass hatchery, or (e) to  any  city  having  a
      population of one million or more.
        6.  No  person taking or assisting in the taking of fish in other than
      the marine and coastal district, as described in section 13-0103 of this
      chapter shall discard any fish carcass or parts thereof into the  waters
      of  this  state  or  upon  any public lands contiguous to and within one
      hundred feet of such waters or upon any private lands contiguous to  and
      within  one  hundred  feet of such waters unless such lands are owned by
      such person or unless such person enters or remains with the  permission
      of the owner of record or his representative or agent. The provisions of
      this section shall not be deemed to prohibit: the return to the water of
      live  fish  or  fish  required  to  be returned to the water pursuant to
      section 11-1301 or 11-1303 of this  chapter  or  rules  and  regulations
      promulgated  pursuant thereto; the use of fish or parts thereof as bait;
      the discarding of fish carcasses or parts thereof into waters not within
      one hundred feet of any shore; the proper disposal of fish carcasses  or
      parts  thereof  into suitable garbage or refuse collection systems or by
      burial; or the incidental cleaning of fish for consumption  except  that
      no  wastes  resulting  from  such cleaning of fish may be disposed of in
      waters or lands contiguous to and within one hundred feet of any  public
      boat  launching  sites  or public docking facilities or on such sites or
      facilities except by proper disposal into  suitable  garbage  or  refuse
      collection systems or by burial.
        7.  Spears,  spear  guns and underwater guns shall not be possessed by
      any person on any body of water within the Adirondack park boundary  nor
      within a distance of two hundred feet of the high water mark of any body
      of water within the Adirondack park boundary at any time when the use of
      spears  in  the  taking  of  fish  from  such  body  of water within the
      Adirondack park boundary is not permitted by law or  regulation  of  the
    
      department;  except  that nothing contained herein shall be construed to
      prevent the possession of spears in any dwelling or building within  two
      hundred feet of the high water mark of such body of water.
        8.  Spears, spear guns, underwater guns, and snatch hooks shall not be
      possessed by any person on Lake George nor  within  a  distance  of  two
      hundred  feet  of the high water mark of such lake, except in a dwelling
      or building, at any time when the use of such devices in the  taking  of
      fish  in  such  lake  is  not  permitted  by  law  or  regulation of the
      department.
        9. Pacific  salmon  shall  not  be  taken  by  hooking,  snatching  or
      snagging.  Pacific  salmon taken by hooking, snatching or snagging shall
      not be possessed, transported or otherwise trafficked in.