Section 13-0335. Food fish; license; prohibited acts

1.  A person who is domiciled in the state may take and land food fish
  for commercial purposes, upon obtaining a marine commercial food fishing
  license, except as prohibited by this chapter, from the  waters  of  the
  marine  and  coastal  district  and may land food fish taken from waters
  outside New York state boundaries for commercial purposes. For  purposes
  of this section "commercial purposes" shall mean the taking of food fish
  by any method for subsequent sale, trade or barter or to offer for sale,
  trade  or  barter and the taking of food fish when setting, maintaining,
  operating or using nets, except cast nets, not in excess of twenty  feet
  in  diameter,  when  operated  by  hand  for the purposes of taking only
  Atlantic menhaden (Brevoortia tyrannus) and  mullets  (Mugil  spp),  for
  recreational  purposes  only, seines not larger than thirty feet long or
  four feet deep or lift nets not larger than sixteen square feet;  traps,
  except bait traps not more than thirty inches in length; combs; pots; or
  hook  and line, except by angling. The fee for such license shall be two
  hundred fifty dollars, and shall  cover  all  persons  employed  by  the
  licensee while engaged in such employment of commercial fishing.
    2.  A  person not domiciled in the state may take food fish, except as
  prohibited by this chapter, from the waters of the  marine  and  coastal
  district  and  may  land  food  fish  taken  from outside New York state
  boundaries for commercial purposes upon  first  obtaining  a  commercial
  fishing  license.  The  fee  for  such license shall be one thousand two
  hundred fifty dollars, and shall  cover  all  persons  employed  by  the
  licensee  while  engaged  in such employment of commercial fishing. Such
  licenses shall be issued only to persons domiciled  in  states  offering
  reciprocal fishing privileges to persons domiciled in New York state and
  which  implemented  the  size  limits  and  other  management strategies
  recommended in fisheries management plans or amendments thereto  adopted
  by  the  Atlantic  States  Marine  Fisheries  Commission or the regional
  management councils  as  provided  in  the  Fisheries  Conservation  and
  Management  Act (16 USC 1800 et seq.) which have been implemented in New
  York State. Such license shall  only  be  issued  during  the  month  of
  January of each year.
    3.  A person may land food fish, except as prohibited by this chapter,
  taken from waters outside  New  York  state  boundaries  for  commercial
  purposes  upon  first  obtaining a marine and coastal district food fish
  landing license. The fee for such marine and coastal district food  fish
  landing  license  shall  be  five  hundred  dollars  and shall cover all
  persons employed by the licensee while engaged  in  such  employment  of
  landing food fish.
    4.  Licenses  issued  under this section shall be non-transferable and
  shall expire on the last day of December of  each  year.  Such  licenses
  shall  be  issued annually and the department shall not limit the number
  of licenses issued. The department may, in its discretion and  after  an
  opportunity for a hearing, revoke any such license of any person who has
  been  convicted  of  a  violation  of title three of this article or who
  signs an acknowledgment of such violation for the purpose of effecting a
  settlement by civil compromise or by stipulation.  The  application  for
  any such license by a person under the age of sixteen shall be signed by
  his parent or guardian who shall thereby consent to its issuance.
    5.  It  shall  be  unlawful  for  any  person to render food fish into
  fertilizer.
    6. No person shall intentionally disturb or without the consent of the
  licensee take or remove fish  or  crustacea  from  any  legally  set  or
  operated  nets  or  other  commercial  gear,  or damage, take, remove or
  possess any such net or gear. Possession of any such net or gear without

  the consent of the licensee shall be considered prima facie evidence  of
  a violation of this subdivision.
    7.  The  holder  of  any license issued pursuant to this section shall
  display the license and/or have the  license  available  for  inspection
  according   to   such  rules  and  regulations  as  the  department  may
  promulgate.
    8. The provisions of sections 13-0311, 13-0329, 13-0331 and 13-0333 of
  this title  shall  be  applicable  to  lobsters,  crabs,  shellfish  and
  menhaden  and  no  license  therefor  shall be required pursuant to this
  section.
    9. Notwithstanding the provisions of subdivision one of this  section,
  a person may, upon obtaining a marine bait permit, take marine bait fish
  and  sell  such  fish  as  bait at retail only, subject to the following
  restrictions:
    a. Only Atlantic menhaden, silversides (Minidia  spp.)  and  killifish
  (Fundulus spp.) may be taken and sold pursuant to this subdivision.
    b. Bait fish to be sold pursuant to this subdivision may be taken only
  using  cast  nets  not  larger  than twenty feet in diameter, seines not
  larger than thirty feet in length or four feet in depth,  or  lift  nets
  not  larger  than sixteen square feet or bait traps not more than thirty
  inches in length.
    c. Marine bait permits shall be available to any person at  a  fee  of
  fifty  dollars,  shall be non-transferable, and shall expire on December
  thirty-first of the year of issue and shall identify the  business  name
  and  address  of  the  single  retail  business  at which the bait taken
  pursuant to the permit may be sold.
    d. The holder of a marine bait fish permit must be  present  and  have
  the  permit in possession and available for inspection at all times when
  the bait harvesting privileges of the permit are being exercised.