Title ENV, Environmental Conservation

§ 13-0340-h. Atlantic bonito (Sarda sarda) and false albacore (Euthynnus alletteratus). The department may, until December thirty-first, two thousand twenty-nine, fix by regulation measures for the management of Atlantic bonito (Sarda sarda) and false albacore (Euthynnus alletter…

§ 13-0341. Trawls; use prohibited in certain waters. For the purposes of this chapter, a trawl shall be defined as a net which is towed or dragged through the water column, capturing fish by straining the water, but shall not include a seine which is used to encircle fish. The te…

§ 13-0342. Marine fisheries data. 1. a. The department is authorized to adopt regulations which require reporting of catch, effort, area fished, gear used, by-catch, and volume and value of product purchased from fishermen, by holders of all categories of commercial food fish, lo…

§ 13-0343. Nets other than trawls; restrictions on use of nets and trawls. 1. Nets other than trawls shall not be placed, maintained or used in any of the following waters except: (a) as permitted by this section; (b) landing nets may be used in completing the catch of fish hooke…

§ 13-0343-a. Fish pots and traps; restrictions. 1. No person shall utilize commercial fishing gear commonly known as "fish pots" or "fish traps" within five hundred feet of any artificial reef. The department may publish a list of artificial reef sites and locations where the pla…

§ 13-0344. Fish, shellfish and crustacea; dumping. It shall be unlawful for any person who has been requested or signaled to stop by any police or peace officer, to throw or dump into the water any fish, shellfish or crustacea, or the contents of any pail, bag, barrel or any cont…

§ 13-0345. Protection of waters; cesspools and drains. 1. Sludge, acid or refuse from oil works, sugar houses or other manufactories, sewage or any substance injurious to shellfish culture or fish, or which shall in any manner affect the flavor, odor, color, or sanitary condition…

§ 13-0347. Management of striped bass in marine waters. Notwithstanding any provision of law to the contrary: 1. Striped Bass (Morone saxatilis) taken by hook and line for recreational purposes, shall not be possessed, bought, sold or offered for sale when less than twenty-four i…

§ 13-0349. Taking of fish for commercial purposes. 1. No person shall take food fish, shellfish, or crustacea from the waters of the marine and coastal district for commercial purposes using a commercial fishing vessel longer than seventy feet in registered length. For purposes o…

§ 13-0350. Marine resources advisory council. 1. Legislative intent. The legislature hereby finds and declares that the finfish and shellfish industry in this state plays a vital part in the economy of the state in general and the Long Island region in particular. By establishing…

§ 13-0355. Recreational marine fishing registration. 1. Definitions of registrations; privileges. A recreational marine fishing registration 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 migrat…

§ 13-0360. Special management areas. 1. For purposes of this section: (a) "artificial reef" shall mean a hard structure, deliberately placed in a marine or coastal water body for the purpose of imitating environmental conditions found on natural underwater rock outcroppings, shel…

§ 13-0371. Atlantic States Marine Fisheries Compact. 1. The Atlantic States Marine Fisheries Compact as first enacted by chapter 500 of the laws of 1941, and as reenacted by chapter 474 of the laws of 1961, is hereby continued. The compact is as follows: ATLANTIC STATES MARINE FI…

§ 13-0501. Marine and coastal district of New York conservation, education, and research grants program. 1. There is hereby created within the department the marine and coastal district of New York conservation, education, and research grants program. The program shall make gran…

§ 13-0503. Marine and coastal district of New York conservation, education, and research board. 1. There is hereby established in the department the marine and coastal district of New York conservation, education, and research board to be composed of three members, one of whom sh…

§ 13-0701. Short title. This act shall be known and may be cited as the seagrass protection act.

§ 13-0703. Definitions. 1. "Coastal community" shall mean a municipal corporation, as defined in section two of the general municipal law, in Nassau and Suffolk counties. 2. "Seagrass" shall mean rooted, vascular, flowering marine plants that are submerged in New York's bays and …

§ 13-0705. Departmental responsibilities. 1. The department shall designate seagrass management areas. Designation of such areas shall include consideration, on a geographic or estuarine basis, of likely threats to seagrass. 2. For each designated seagrass management area, the de…

§ 14-0101. Short title. This article shall be known and may be cited as the "New York ocean and Great Lakes ecosystem conservation act".

§ 14-0103. Legislative findings and declarations. The legislature finds and declares that: 1. New York's coastal ecosystems are critical to the state's environmental and economic security, and integral to the state's high quality of life and culture. Healthy coastal ecosystems ar…

§ 14-0105. Definitions. As used in this article: 1. "Coastal waters" means lakes Erie and Ontario, the St. Lawrence and Niagara rivers, the Hudson river south of the federal dam at Troy, the East river, the Harlem river, the Kill von Kull, and Arthur Kill, Long Island sound, and …

§ 14-0107. New York ocean and Great Lakes ecosystem conservation council. 1. There is hereby created the New York ocean and Great Lakes ecosystem conservation council. The council shall consist of the following thirteen members: the commissioners of agriculture and markets, econo…

§ 14-0109. Responsibilities of the council. The New York ocean and Great Lakes ecosystem conservation council shall: 1. Promote the understanding, protection, restoration and enhancement of New York's ocean and Great Lakes ecosystems while promoting sustainable and competitive ec…

§ 14-0111. Report to the governor and legislature. The New York ocean and Great Lakes ecosystem conservation council shall deliver a report to the governor and the legislature by November first, two thousand eight which shall: 1. demonstrate improvements that can be accomplished …

§ 14-0113. State agency assistance. Any state agency, department, public benefit corporation or division, bureau or agency thereof may provide the council with the services of its agents, employees and facilities without charge to the council for the purpose of carrying out this …

§ 15-0101. Short title. This article 15 of the Environmental Conservation Law shall be known as the Water Resources Law. However, sections of the Environmental Conservation Law falling within this article 15 may be cited either as such sections of the Environmental Conservation L…

§ 15-0103. Legislative findings. Article 15 shall be construed and administered in the light of the following findings of fact: 1. The sovereign power to regulate and control the water resources of this state ever since its establishment has been and now is vested exclusively in …

§ 15-0105. Declaration of policy. In recognition of its sovereign duty to conserve and control its water resources for the benefit of all inhabitants of the state, it is hereby declared to be the public policy of the state of New York that: 1. The regulation and control of the wa…

§ 15-0107. Definitions as used in this article. 1. "Person" means any individual, firm, co-partnership, association or corporation other than the state and a "public corporation." 2. "Public corporation" means "public corporation" as defined in subdivision one of Section 3 of the…

§ 15-0109. General jurisdiction. The department shall exercise its powers and perform its duties in any matter affecting the construction of improvements to or developments of water resources for the public health, safety or welfare, including but not limited to the supply of pot…

§ 15-0111. Public Authorities Law and Administrative Code of the City of New York are not affected. Nothing contained in this article shall be deemed or construed as amending, repealing, altering or otherwise modifying in whole or in part any provision of Title 1, Article 5 of th…

§ 15-0113. State to be reimbursed for costs. In the event that the department shall carry out a project paid for by the beneficiaries, as provided by various parts in this article, the department may, if such procedure shall be found to be just and reasonable, require that the st…

§ 15-0301. Investigations. 1. The department may, of its own motion, make or cause to be made such surveys and investigations as it may deem advisable and necessary for the discharge of its duties under this article. 2. The department, upon its own motion, or upon a petition pres…

§ 15-0303. Examination of books, records and accounts. For the purpose of ascertaining material information relevant to the function of the powers and duties of the department, the department may by its members, authorized agents or representatives freely examine at any time the …

§ 15-0305. Access to property for inspection or investigation. The department or its duly appointed agents shall have the right to enter at all times in or upon any property, public or private, for the purpose of inspecting or investigating conditions relating to matters within t…

§ 15-0307. Requirement of statements and reports. The department may require any holder of a license, permit or other authorization, issued pursuant to this article, at a designated time or times, to file with it statements and reports, in such form as it may prescribe, covering …

§ 15-0309. Power to sue. The department may bring actions, suits or proceedings as in its judgment may be necessary and proper to enable it to perform any of the duties imposed upon it by the provisions of this article as amended or to prevent the violation by any person or publi…

§ 15-0311. Eminent domain. The department may, in those situations which are specifically enumerated in this article and subject to whatever restrictions and limitations this article may impose, acquire real property pursuant to this article under an exercise of the right of emin…

§ 15-0313. Powers and responsibilities with respect to water pollution control. 1. The department shall perform such duties and functions with respect to the control of water pollution as is provided in article 17 of the Environmental Conservation Law, and shall have such powers …

§ 15-0314. Powers and responsibilities with respect to certain plumbing\n fixtures.\n 1. On and after the effective date of this section, no individual,\npublic or private corporation, political subdivision, government agency,\ndepartment or bureau of the state, municipality, ind…

§ 15-0315. Relations with other governmental bodies and agencies. 1. In order to adequately protect the interests of the state in its water resources, the department is hereby authorized to: a. Cooperate with the appropriate agencies of the federal government or this or other sta…

§ 15-0317. General powers and duties. The department shall continue to exercise all the functions, powers and duties of the former Water Resources Commission as specified in the former Conservation Law in effect on the date of the enactment of chapter 140 of the laws of 1970, and…

§ 15-0501. Protection of certain streams; disturbances of stream beds; permit. 1. Except as provided in subdivisions 4, 5, 6 and 7 of this section, no person or public corporation shall change, modify or disturb the course, channel or bed of any stream as defined in subdivision 2…

§ 15-0503. Protection of water bodies; permit. 1. Except as provided in subdivision 3 of this section a. No dam shall be erected, constructed, reconstructed or repaired by any person or local public corporation without a permit issued pursuant to subdivision 2 of this section. As…

§ 15-0505. Protection of navigable waters; excavation or fill; permit. 1. No person, local public corporation or interstate authority shall excavate or place fill below the mean high water level in any of the navigable waters of the state, or in marshes, estuaries, tidal marshes …

§ 15-0507. Structures impounding waters; structures in waters; responsibility of owner; inspection. 1. Any owner of a dam or other structure which impounds waters shall at all times operate and maintain said structure and all appurtenant structures in a safe condition. As used in…

§ 15-0509. Bonds. The department may require the posting of a bond by permittees conditioned upon compliance with the terms of permits issued pursuant to the provisions of title 5 of this article.

§ 15-0511. Alterations to watercourses and lakes; inspection and correction; illegal impounding of waters. 1. Whenever in the judgment of the commissioner, public safety requires, or an illegal excavation, fill, or dam exists in or on the waters of the state, the commissioner may…

§ 15-0513. Liability of subcontractor, employee or agent. It shall be unlawful for a subcontractor, employee or agent of a person or public corporation, or of a state department to knowingly and intentionally act, or a prime contractor of a person, public corporation or state dep…