Section 11-0317. Seasons and limits for taking fish in certain border waters  


Latest version.
  • 1. After consultation with the appropriate agencies of the neighboring
      states or provinces mentioned in this section, the department shall have
      power  to  adopt  regulations  establishing  open  seasons, minimum size
      limits, manner of taking, creel and seasonal limits for  the  taking  of
      fish  in  the  waters of Indian Lake and Mianus Reservoir, both situated
      partly in New York and partly in  Connecticut,  and  in  the  waters  of
      Greenwood Lake, situate partly in New York and partly in New Jersey, and
      in  the  Delaware  River,  situate  partly  in  New  York  and partly in
      Pennsylvania and in the waters of Lake Champlain situate partly  in  New
      York,  partly in Vermont and partly in the Province of Quebec. Such open
      seasons, manner of taking and limits shall, whenever possible,  be  made
      uniform,  with  those fixed by the neighboring state or province for the
      waters in question with respect to all species upon which agreement  can
      be reached with the appropriate agency of that jurisdiction.
        2.  When  the department shall find that conditions permit restoration
      and maintenance  of  the  shad  run  of  the  Delaware  River  and  that
      restrictions  imposed  under  the  foregoing  powers  are  inadequate to
      cooperate with Pennsylvania and New Jersey in  maintaining  the  maximum
      sustained  yield  of  such  fishery,  the department is authorized after
      consultation with the  appropriate  agencies  of  Pennsylvania  and  New
      Jersey  to  declare  by  regulation  that an emergency exists and in its
      discretion to impose such additional restrictions for the taking of shad
      in the Delaware River and its tributaries as to numbers and lengths  and
      types  of nets and other gear, compulsory lift periods, licenses, closed
      season, protected waters or other like measures as may in  its  judgment
      be  necessary to maintain such maximum sustained yield.  In adopting any
      such regulation, the department shall observe the conditions  prescribed
      in section 11-0315.
        3. After consultation with the appropriate agencies of the neighboring
      states  and  the Province of Ontario, the department shall have power to
      adopt regulations establishing open seasons, minimum size limits, manner
      of taking, and creel and seasonal limits for the taking of fish  in  the
      waters  of  Lake  Erie,  Lake  Ontario,  the  Niagara  river and the St.
      Lawrence river. Such open seasons, manner of taking  and  limits  shall,
      whenever  possible,  be made uniform with those fixed by the neighboring
      states and the Province of Ontario, as the case may be, for  the  waters
      in  question  with  respect  to  all species upon which agreement can be
      reached with the appropriate agency of that jurisdiction.