Title ENV, Environmental Conservation

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

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

§ 11-2113. Effect of posting or service of notice. 1. No person shall enter or remain unlawfully or engage in any activity upon land which has been posted pursuant to section 11-2111 in violation of the terms of such posted signs or the terms of any written notice and warning ser…

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

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

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

§ 11-2303. Disposition of moneys. 1. Moneys received in accordance with the terms of any cooperative agreement for promoting fish and wildlife conservation practices pursuant to paragraph d of subdivision 1 of section 11-2101 unless otherwise expressly provided, shall be deposite…

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

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

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

§ 13-0101. Short title. Article 13 together with article 11 of the Environmental Conservation Law shall be known as the Fish and Wildlife Law. Sections of article 13 or of article 11 may be cited either as sections of the Environmental Conservation Law or as sections of the Fish …

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

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

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

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

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

§ 13-0305. Marking lands prohibited; injury to monuments. 1. No person other than the lessee or the department shall mark out or enclose in any manner, any state-owned lands under water for the purpose of planting shellfish thereon or excluding the general public therefrom. 2. No…

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

§ 13-0309. Taking, handling and importation of shellfish; general provisions. 1. a. Shellfish shall not be taken from uncertified lands except as provided in sections 13-0319 and 13-0321. b. Shellfish from uncertified lands of other states shall not be possessed, transported or t…

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

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

§ 13-0313. Shellfish growers; definition; bed permit. 1. Any person resident in this state one year or more may engage in the cultivation and marketing of shellfish subject to the provisions of sections 13-0307, 13-0309, 13-0311 and 13-0319 and shall be known as a grower. 2. A gr…

§ 13-0315. Shellfish shipper's and processor's permit. 1. Prior to the processing, transportation or shipment of shellfish, either in intra-state or inter-state commerce, an appropriate permit to do so shall be obtained from the department. Such permit shall be required of all sh…

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

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

§ 13-0319. Shellfish regulations. The department may adopt regulations with respect to the harvesting, transplanting, relaying, receiving, possessing, transporting, importing, exporting, processing, buying, selling of or otherwise trafficking in shellfish; the labeling or tagging…

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

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

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

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

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

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

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

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

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

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

§ 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 …

§ 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. 1. If any fish or crustacea are unintentionally taken contrary to any provisions of the Fish and Wildlife Law, they shall be returned to the water at once, without unnecessary injury. 2. Starfish, drills (Urosal…

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

§ 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 11-0…

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

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

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

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

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

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

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

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

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