Section 13-0339. Marine fish; size limits of marine species; sale of marine species

1. a. The taking of fish with nets in the marine and coastal  district
  is  governed by sections 13-0333, 13-0335, 13-0341, 13-0343, 13-0347 and
  11-1521, and regulations adopted pursuant to sections 11-0303,  11-1303,
  13-0338, 13-0339-a, 13-0340, 13-0340-a, 13-0340-b, 13-0340-c, 13-0340-d,
  13-0340-e,  13-0340-f  and 13-0340-g of this chapter. The taking of fish
  by other means, in the marine and coastal district, is governed by title
  13 of article 11 of the Fish and Wildlife Law, subject  to  restrictions
  in  section  13-0343 as to certain waters, and to provisions of sections
  13-0347 and 11-1521 and regulations adopted pursuant to section  11-0303
  of  this  chapter  as  to  striped bass and sections 13-0338, 13-0339-a,
  13-0340,  13-0340-a,   13-0340-b,   13-0340-c,   13-0340-d,   13-0340-e,
  13-0340-f  and 13-0340-g as to other species of marine fish. The taking,
  and sale or taking for sale,  of  certain  bait  fish  are  governed  by
  section 11-1315 of this chapter.
    b.  Open  seasons, minimum size limits and catch limits for fish other
  than the marine species named in subdivisions 2 and 3  of  this  section
  are  specified  by  regulations  adopted  pursuant  to sections 11-0303,
  11-1303, 13-0338, 13-0339-a, 13-0340, 13-0340-a,  13-0340-b,  13-0340-c,
  13-0340-d,  13-0340-e,  13-0340-f  and  13-0340-g  of  this chapter. All
  shortnose sturgeon irrespective of size and all Atlantic sturgeon  under
  the  size  limits  prescribed by regulations adopted pursuant to section
  11-1303 of this chapter taken in gill nets shall be immediately returned
  to the water without unnecessary injury. Other fish named by regulations
  adopted pursuant  to  sections  11-0303,  11-1303,  13-0338,  13-0339-a,
  13-0340,   13-0340-a,   13-0340-b,   13-0340-c,   13-0340-d,  13-0340-e,
  13-0340-f and 13-0340-g of  this  chapter  and  under  the  size  limits
  prescribed  in such regulations, shall not be bought, sold or trafficked
  in.
    c. The sale, possession and transportation of  fish,  other  than  the
  marine  species  named  in  subdivisions  2  and  3  of this section are
  governed by sections  11-1319,  11-1521  and  13-0347,  and  regulations
  adopted  pursuant  to  sections  11-0303,  11-1303,  13-0338, 13-0339-a,
  13-0340,  13-0340-a,   13-0340-b,   13-0340-c,   13-0340-d,   13-0340-e,
  13-0340-f and 13-0340-g of this chapter.
    2.  Fluke  or  summer  flounder  (Paralichthys  dentatus) and southern
  flounder (Paralichthys lethostigma) less than fourteen inches in length,
  weakfish (Cynoscion regalis) less than twelve inches in length, Atlantic
  cod (Gadus morhua) less than nineteen inches in length,  porgy  or  scup
  (Stenotomus   chrysops)   less   than   seven  inches,  black  sea  bass
  (Centropristis striata) less  than  nine  inches,  and  winter  flounder
  (Pleuorenectes  americanus) less than eleven inches in length may not be
  taken by angling for recreational purposes.
    3. Fluke or  summer  flounder  (Paralichthys  dentatus)  and  southern
  flounder (Paralichthys lethostigma) less than fourteen inches; blue fish
  (Pomatomus  saltatrix)  less than nine inches; porgy or scup (Stenotomus
  chrysops) less than nine inches; weakfish (Cynoscion regalis) less  than
  twelve inches; mackerel (Scomber scombrus) less than seven inches; black
  sea  bass  (Centropristis  striata)  less than nine inches; Atlantic cod
  (Gadus morhua) less than nineteen inches; winter flounder (Pleuorenectes
  americanus) less than twelve inches, may not be taken or  possessed  for
  commercial  purposes  or transported for commercial purposes nor bought,
  sold or offered for sale. For purposes of this  subdivision,  commercial
  purposes includes use of any form of net, comb, dredge or hook and line,
  except angling.
    4. All length measurements in this section shall be taken as the total
  length  which  is  defined as the longest straight-line measurement from

  the most anterior or forward part of the fish with the  jaws  closed  to
  the  tip  of the tail. The tail rays of a fish with a forked tail may be
  squeezed together to give the longest overall measurement.
    5.   Blue   marlin  (Makaira  nigricans),  white  marlin  (Tetrapturus
  albidus), sailfish (Istiophorus  platypterus),  and  longbill  spearfish
  (Tetrapturus  pfluegeri)  shall not be bought, sold or offered for sale.
  Striped marlin  (Tetrapturus  audax),  black  marlin  (Makaira  indica),
  shortbill  spearfish  (Tetrapturus  angustirostris) shall not be bought,
  sold or offered for sale unless identified and tagged as such  prior  to
  entry  into  the  state.  Such identification and tag shall include at a
  minimum, the species of billfish and the place of initial landing.