Title ENV, Environmental Conservation

§ 11-2107. Consent for the United States to acquire land or water for\n the establishment of migratory bird reservations.\n Consent of the state is given to the acquisition by the United States\nby purchase, gift, devise or lease of such areas of land or water, or of\nland and wa…

§ 11-2111. Posting; service of notice.\n 1. An area protected pursuant to this title and title nineteen of this\narticle shall be posted with signs not less than eleven inches by eleven\ninches, bearing a conspicuous statement as described in subdivision 2 of\nthis section which …

§ 11-2113. Effect of posting or service of notice.\n 1. No person shall enter or remain unlawfully or engage in any\nactivity upon land which has been posted pursuant to section 11-2111 in\nviolation of the terms of such posted signs or the terms of any written\nnotice and warnin…

§ 11-2115. Posted and unposted lands; failure to leave on request.\n 1. It shall be unlawful for any person engaged in hunting, trapping or\nfishing without permission upon the lands of another, whether or not\nposted as provided in section 11-2111 not to leave such lands\nimmedi…

§ 11-2117. Damage to property, livestock or domestic fowl by hunters and\n fishermen.\n No person, for the purpose of or while hunting, trapping or fishing,\nshall without the permission of the owner, lessee or lawful occupant\nenter upon the land of another and while thereon kil…

§ 11-2301. Rules and regulations.\n Rules and regulations adopted by the department pursuant to the Fish\nand Wildlife Law shall be adopted as provided in the state\nadministrative procedure act.\n

§ 11-2303. Disposition of moneys.\n 1. Moneys received in accordance with the terms of any cooperative\nagreement for promoting fish and wildlife conservation practices\npursuant to paragraph d of subdivision 1 of section 11-2101 unless\notherwise expressly provided, shall be dep…

§ 11-2305. Sale of trees, timber and other products.\n Sale of trees, timber and other products sold by the department\npursuant to subdivision 2 of section 11-2101 shall be conducted as\nprovided in section 9-0505 of this chapter.\n

§ 11-2501. Short title.\n This title shall be known and may be cited as "the interstate wildlife\nviolator compact".\n

§ 11-2503. Adoption and text of compact.\n The interstate wildlife violator compact is adopted and enacted into\nlaw as follows:\n ARTICLE I\n Findings, declaration of policy and purpose.\n (a) The participating states find that:\n (1) Wildlife resources are managed in trust by t…

§ 13-0101. Short title.\n Article 13 together with article 11 of the Environmental Conservation\nLaw shall be known as the Fish and Wildlife Law. Sections of article 13\nor of article 11 may be cited either as sections of the Environmental\nConservation Law or as sections of the …

§ 13-0103. Marine and coastal district described.\n The marine and coastal district shall include the waters of the\nAtlantic Ocean within three nautical miles from the coast line and all\nother tidal waters within the state, including the Hudson River up to\nthe Governor Mario M…

§ 13-0105. Marine fisheries conservation and management.\n 1. (a) It is the policy of the state that the primary principle in\nmanaging the state's marine fishery resource is to maintain the\nlong-term health and abundance of marine fisheries resources and their\nhabitats, and to…

§ 13-0301. Lease of state-owned underwater lands for shellfish\n cultivation.\n 1. Leases. a. Except as provided in paragraph b of this subdivision,\nthe department may lease state-owned underwater lands within the marine\nand coastal district for the cultivation of shellfish. Th…

§ 13-0302. Lands underwater of Gardiner's and Peconic bays.\n 1. Underwater lands ceded to county of Suffolk. All the right, title\nand interest in which the people of the state of New York have in and to\nthe lands under water of Gardiner's and Peconic bays in the county of\nSuf…

§ 13-0303. Tax on state-owned underwater lands held under lease or\n franchise for shellfish cultivation.\n 1. Tax. There shall be an annual tax of one dollar per acre on all\nstate-owned underwater lands held by franchise for shellfish\ncultivation. The tax shall be levied and a…

§ 13-0305. Marking lands prohibited; injury to monuments.\n 1. No person other than the lessee or the department shall mark out or\nenclose in any manner, any state-owned lands under water for the purpose\nof planting shellfish thereon or excluding the general public therefrom.\n…

§ 13-0307. Sanitary surveys.\n 1. The department periodically shall examine all shellfish lands\nwithin the marine district and the Hudson River between the Governor\nMario M. Cuomo bridge and the federal dam at Troy to ascertain the\nsanitary condition thereof in accordance with…

§ 13-0309. Taking, handling and importation of shellfish; general\n provisions.\n 1. a. Shellfish shall not be taken from uncertified lands except as\nprovided in sections 13-0319 and 13-0321.\n b. Shellfish from uncertified lands of other states shall not be\npossessed, transpor…

§ 13-0310. Northern or lined seahorses; prohibited acts.\n 1. No person shall take any northern or lined seahorse (Hippocampus\nerectus) for commercial purposes.\n 2. The provisions of subdivision one of this section shall not apply\nto the taking of seahorses for scientific or e…

§ 13-0311. Digger's permit to take shellfish for commercial purposes;\n when not required.\n 1. Subject to the provisions of this article, a person may take\nshellfish from under water lands in the state for commercial purposes,\nincluding the culling, sorting or tagging of such …

§ 13-0313. Shellfish growers; definition; bed permit.\n 1. Any person resident in this state one year or more may engage in\nthe cultivation and marketing of shellfish subject to the provisions of\nsections 13-0307, 13-0309, 13-0311 and 13-0319 and shall be known as a\ngrower.\n …

§ 13-0315. Shellfish shipper's and processor's permit.\n 1. Prior to the processing, transportation or shipment of shellfish,\neither in intra-state or inter-state commerce, an appropriate permit to\ndo so shall be obtained from the department. Such permit shall be\nrequired of a…

§ 13-0316. Marine hatcheries; off-bottom and on-bottom culture; permits.\n 1. Marine hatcheries. The department, in its discretion, may issue\npermits for operation of marine hatcheries. No person shall operate a\nmarine hatchery without first obtaining a permit from the departme…

§ 13-0317. Shipping tags.\n All persons transporting, importing, exporting or otherwise\ndistributing shellfish shall label or tag the same as provided under\nsection 13-0319.\n

§ 13-0319. Shellfish regulations.\n The department may adopt regulations with respect to the harvesting,\ntransplanting, relaying, receiving, possessing, transporting, importing,\nexporting, processing, buying, selling of or otherwise trafficking in\nshellfish; the labeling or ta…

§ 13-0321. Taking and importation of shellfish for transplanting and\n other purposes.\n 1. Shellfish may be taken from uncertified shellfish lands for\ntransplanting or other purposes as the department may deem advisable\nsubject to supervision and regulation as provided in sect…

§ 13-0323. Oysters; prohibited acts.\n 1. No person shall sell or offer for sale, any oysters, or label or\nbrand any packages containing oysters for shipment or sale under the\nname of blue point oysters, other than oysters which have been planted\nand cultivated at least three …

§ 13-0325. Clams; prohibited acts.\n 1. Except for transplanting as provided in section 13-0321, no person\nshall take, harvest, possess, sell, offer for sale or otherwise\ntrafficked in hard clams (Mercenaria mercenaria) measuring less than one\ninch in thickness.\n 2. Hard clam…

§ 13-0327. Scallops.\n The department may, until December thirty-first, two thousand\ntwenty-seven, adopt by regulation measures for the management of\nscallops (Family Pectinidae) including size limits, catch and possession\nlimits, open and closed seasons, closed areas, restric…

§ 13-0328. Commercial licenses; limited entry.\n 1. Commercial food fish licenses. Commercial food fish licenses\nprovided for by section 13-0335 of this title shall be issued as\nfollows:\n a. for the period beginning January first, two thousand eighteen\nthrough December thirty…

§ 13-0329. Lobsters; permit to take; prohibited acts.\n 1. Any person domiciled within the state may take and land lobsters\n(Homarus americanus) from the waters of the state or land lobsters in\nthe state taken elsewhere upon first obtaining a permit from the\ndepartment. There …

§ 13-0330. Whelks or conchs; license to take.\n 1. A person domiciled within the state may take whelks or conchs\n(Busycon spp.) for commercial purposes from the waters of the state upon\nfirst obtaining a license from the department.\n a. The department shall prescribe and furni…

§ 13-0331. Crabs; permit to take; prohibited acts.\n * 1. No person shall take crabs, including horseshoe crabs (Limulus\nsp.) for commercial purposes without first obtaining a permit from the\ndepartment. For purposes of this subdivision, a presumption of\n"commercial purposes" …

§ 13-0333. Menhaden; prohibited acts.\n Menhaden (Brevoortia tyrannus) from which oil or meal is made, subject\nto the provisions of section 13-0343, may not be taken from the waters\nof the marine district with a purse seine; provided however, that the\ndepartment shall have the…

§ 13-0334. Marine and coastal district food fish and crustacea dealers\n and shippers license.\n 1. No person shall purchase marine food fish or crustacea, whether to\nbe used as food or bait, directly from the person taking such marine\nfood fish or crustacea for the purpose of …

§ 13-0335. Food fish; license; prohibited acts.\n 1. A person who is domiciled in the state may take and land food fish\nfor commercial purposes, upon obtaining a marine commercial food fishing\nlicense, except as prohibited by this chapter, from the waters of the\nmarine and coa…

§ 13-0336. Marine and coastal district party and charter boat license.\n 1. No owner or operator of a party boat or charter boat shall carry\nrecreational fishing passengers in the marine and coastal district or\nland fish taken outside the territorial waters of the state without…

§ 13-0337. Return of fish, crustacea and other animals to the water.\n 1. If any fish or crustacea are unintentionally taken contrary to any\nprovisions of the Fish and Wildlife Law, they shall be returned to the\nwater at once, without unnecessary injury.\n 2. Starfish, drills (…

§ 13-0338. Sharks; department authority; finning prohibited.\n 1. For purposes of this section:\n a. "Shark" means any species of the subclass Elasmobranchii except\nspecies in the order Batoidei;\n b. "Finning" means the removal of a fin or fins from a shark and not\nretaining t…

§ 13-0339. Marine fish; size limits of marine species; sale of marine\n species.\n 1. a. The taking of fish with nets in the marine and coastal district\nis governed by sections 13-0333, 13-0335, 13-0341, 13-0343, 13-0347 and\n11-1521, and regulations adopted pursuant to section…

§ 13-0339-a. Atlantic cod (Gadus morhua), Atlantic sturgeon (Acipenser\n oxyrhynchus), shortnose sturgeon (Acipenser\n brevirostrum), American eel (Anguilla rostrata), Atlantic\n herring (Clupea horengus), American shad (Alosa\n sapidissima), alewife (Alosa pseudoharengus), blueb…

§ 13-0340. Bluefish (Pomatomus saltatrix).\n The department may, until December thirty-first, two thousand\ntwenty-eight, fix by regulation measures for the management of bluefish\n(Pomatomus saltatrix), including size limits, catch and possession\nlimits, open and closed seasons…

§ 13-0340-a. Weakfish (Cynoscion regalis).\n The department may, until December thirty-first, two thousand\ntwenty-eight, fix by regulation measures for the management of weakfish\n(Cynoscion regalis), including size limits, catch and possession limits,\nopen and closed seasons, …

§ 13-0340-b. Fluke - summer flounder (Paralichthys dentatus).\n The department may, until December thirty-first, two thousand\ntwenty-nine, fix by regulation measures for the management of fluke or\nsummer flounder (Paralichthys dentatus), including size limits, catch\nand posses…

§ 13-0340-c. Winter flounder (Pleuorenectes americanus).\n The department may, until December thirty-first, two thousand\ntwenty-nine, fix by regulation measures for the management of winter\nflounder (Pleuorenectes americanus), including size limits, catch and\npossession limits…

§ 13-0340-d. Blackfish or tautog (Tautoga onitis).\n 1. The department may, until December thirty-first, two thousand\ntwenty-eight, fix by regulation measures for the management of blackfish\n(Tautoga onitis), including size limits, catch and possession limits,\nopen and closed …

§ 13-0340-e. Scup (Stenotomus chrysops).\n The department may, until December thirty-first, two thousand\ntwenty-nine, fix by regulation measures for the management of scup\n(Stenotomus chrysops), including size limits, catch and possession\nlimits, open and closed seasons, close…

§ 13-0340-f. Black sea bass (Centropristis striata).\n The department may, until December thirty-first, two thousand\ntwenty-nine, fix by regulation measures for the management of black sea\nbass (Centropristis striata), including size limits, catch and\npossession limits, open a…

§ 13-0340-g. Monkfish (Lophius americanus, Lophius reticulatus and\n Lophius gastrophysus).\n The department may, until December thirty-first, two thousand\ntwenty-seven, fix by regulation measures for the management of monkfish\n(Lophius americanus, Lophius reticulatus and Lophi…