Section 13-0355. Recreational marine fishing license

1.  Definitions  of  licenses;  privileges.  a.  A recreational marine
  fishing license entitles the holder who is sixteen years of age or older
  to take fish from the waters of the marine and coastal district  and  to
  take  migratory  fish of the sea from all waters of the state, except as
  provided in sections 13-0333 and 13-0335 of this title.  A  recreational
  marine fishing license is effective for a license year beginning January
  first and ending December thirty-first.
    b. A seven-day recreational marine fishing license entitles the holder
  to  exercise the privileges of a recreational marine fishing license for
  the seven consecutive days specified in such license.
    c. A one-day recreational marine fishing license entitles  the  holder
  to  exercise  the privileges of a recreational marine fishing license on
  the day specified on such license.
    2. General provisions. a. The  privileges  of  a  recreational  marine
  fishing  license  may  be exercised only at the times and places, and in
  the manner and to the extent, permitted by the fish and wildlife law and
  applicable regulations of the department.
    b. Recreational marine  fishing  licenses  are  not  transferable.  No
  person  shall  alter,  change,  lend  to  another  person  or attempt to
  transfer to another person any recreational marine fishing license.
    c. A license issued in lieu of a lost or destroyed license is void  if
  it  is obtained: (i) by fraud; or (ii) by a person who is not authorized
  to hold it or who makes a false statement in applying for it.
    d. No license authorizes the holder (a) to trespass upon private lands
  or waters or to interfere with property belonging to another person; (b)
  to take fish or wildlife on an Indian reservation; (c) to enter upon, or
  to take or disturb fish or wildlife upon, state lands or  waters  posted
  by  the  department  except in accordance with a written permit from the
  department or an order adopted by the department; (d) to take  any  fish
  or  wildlife in any area closed to the taking of fish or wildlife, or to
  take any species of fish, wildlife or protected insect in an area closed
  to the taking of such species.
    3. Failure to carry license. a. The holder of  a  recreational  marine
  fishing license shall:
    (i)  at  all  times  have  such  license  on the holder's person while
  exercising any privilege of that license; and
    (ii) shall exhibit such license on demand to any police officer, peace
  officer, or owner, lessee or other person in control  of  the  lands  or
  waters or the designees of the owner, lessee or person in control of the
  lands or waters on which the license holder is present and is exercising
  the privileges thereof.
    b.  Failure  to  have  a  recreational marine fishing license on one's
  person while exercising any privilege of  that  license  is  presumptive
  evidence  that  such  person  is  fishing  without  holding  the license
  required by this section.
    4. Fees. Each applicant for  a  recreational  marine  fishing  license
  shall  pay  to the issuing officer a fee according to the license issued
  and the residence or other qualification of the applicant, as follows:
    a. In the case of persons who have been residents  of  the  state  for
  thirty days or more immediately preceding the date of application or who
  are enrolled in a full-time course at a college or university within the
  state and who are in residence in the state for the school year, Indians
  residing  off reservations in the state and members of the United States
  armed forces in active service stationed in  this  state  regardless  of
  place of residence at the time of entry into service:
       License                              Fee
       (1) Recreational marine fishing    $10.00

       (2) Seven-day recreational marine
       fishing                            $ 8.00
       (3) One-day recreational marine
       fishing                             $ 4.00
    b. In the case of a non-resident and persons resident in the state for
  less  than  thirty  days,  other  than  persons  who  are  enrolled in a
  full-time course at a college or university within the state and who are
  in residence in the state for the school year and those members  of  the
  United  States armed forces as to whom fees are specified in paragraph a
  of this subdivision:
       License                              Fee
       (1) Recreational marine fishing    $15.00
       (2) Seven-day recreational marine
       fishing                            $10.00
       (3) One-day recreational marine
       fishing                            $ 5.00
    c. A person eligible for any free license pursuant to subdivision 2 of
  section  11-0715  of  this  chapter  shall  be  eligible  for   a   free
  recreational marine fishing license.
    d.  License  issuing  officers  may  retain  5.5  percent of the gross
  proceeds from the sale of all recreational marine fishing licenses.
    5. Exemption from requirement of recreational marine fishing  license.
  a.    Minors  under  the  age of sixteen may take fish as if they held a
  recreational marine fishing license.
    b. Recreational fishing passengers on a marine  and  coastal  district
  party or charter boat licensed pursuant to section 13-0336 of this title
  may take fish as if they held a recreational marine fishing license.
    6.  Recreational  marine  fishing  license  data. a. The department is
  authorized to collect data on holders  of  recreational  marine  fishing
  licenses,  which shall include but not be limited to, a licensee's name,
  address and date of birth.
    b. License holder data collected by the department or available to the
  department shall be confidential and shall not be  disclosed  except  as
  required to comply with section 401(g) of the Magnuson-Stevens fisheries
  management and conservation act (16 U.S.C. 1881), as may be amended from
  time  to time, or by court order, except that the department may release
  or make public any statistics in an aggregate or summary form which does
  not make it possible to identify any person who submits such  data.  The
  department may prescribe such procedures as may be necessary to preserve
  such confidentiality.
    7.  Reciprocity  in  boundary  waters. If persons holding recreational
  marine fishing licenses issued under the New York fish and wildlife  law
  are  not  required to have licenses issued by a state named in paragraph
  a, b or c of this subdivision when fishing in that part of  the  waters,
  specified  in such paragraph, which lies within that state then, in such
  case, a person holding a similar  license  issued  by  such  state  may,
  without  a recreational marine fishing license issued under the New York
  fish and wildlife law, take fish as provided in this  title,  from  that
  part of such waters specified in paragraph a, b or c of this subdivision
  which lies within this state:
    a.  License  issued  by  Connecticut: those parts of Long Island Sound
  lying between New York and Connecticut.
    b. License issued by New Jersey:  those  parts  of  New  York  Harbor,
  Hudson River, Kill Van Kull, Arthur Kill, Raritan Bay and Atlantic Ocean
  lying between New York and New Jersey.
    c.  License  issued by Rhode Island: those parts of Long Island Sound,
  Block Island Sound and Atlantic Ocean lying between New York  and  Rhode
  Island.

    * NB Effective October 1, 2009