Title ENV, Environmental Conservation

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

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

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

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

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

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

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

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

§ 13-0349. Taking of fish for commercial purposes.\n 1. No person shall take food fish, shellfish, or crustacea from the\nwaters of the marine and coastal district for commercial purposes using\na commercial fishing vessel longer than seventy feet in registered\nlength. For purpo…

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

§ 13-0355. Recreational marine fishing registration.\n 1. Definitions of registrations; privileges. A recreational marine\nfishing registration entitles the holder who is sixteen years of age or\nolder to take fish from the waters of the marine and coastal district\nand to take m…

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

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

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

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

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

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

§ 13-0705. Departmental responsibilities.\n 1. The department shall designate seagrass management areas.\nDesignation of such areas shall include consideration, on a geographic\nor estuarine basis, of likely threats to seagrass.\n 2. For each designated seagrass management area, …

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

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

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

§ 14-0107. New York ocean and Great Lakes ecosystem conservation\n council.\n 1. There is hereby created the New York ocean and Great Lakes\necosystem conservation council. The council shall consist of the\nfollowing thirteen members: the commissioners of agriculture and\nmarkets…

§ 14-0109. Responsibilities of the council.\n The New York ocean and Great Lakes ecosystem conservation council\nshall:\n 1. Promote the understanding, protection, restoration and enhancement\nof New York's ocean and Great Lakes ecosystems while promoting\nsustainable and competi…

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

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

§ 15-0101. Short title.\n This article 15 of the Environmental Conservation Law shall be known\nas the Water Resources Law. However, sections of the Environmental\nConservation Law falling within this article 15 may be cited either as\nsuch sections of the Environmental Conservat…

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

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

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

§ 15-0109. General jurisdiction.\n The department shall exercise its powers and perform its duties in any\nmatter affecting the construction of improvements to or developments of\nwater resources for the public health, safety or welfare, including but\nnot limited to the supply o…

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

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

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

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

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

§ 15-0307. Requirement of statements and reports.\n The department may require any holder of a license, permit or other\nauthorization, issued pursuant to this article, at a designated time or\ntimes, to file with it statements and reports, in such form as it may\nprescribe, cove…

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

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

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

§ 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.\n 1. In order to adequately protect the interests of the state in its\nwater resources, the department is hereby authorized to:\n a. Cooperate with the appropriate agencies of the federal government\nor this or oth…

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

§ 15-0501. Protection of certain streams; disturbances of stream beds;\n permit.\n 1. Except as provided in subdivisions 4, 5, 6 and 7 of this section,\nno person or public corporation shall change, modify or disturb the\ncourse, channel or bed of any stream as defined in subdivi…

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

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

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

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

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

§ 15-0513. Liability of subcontractor, employee or agent.\n It shall be unlawful for a subcontractor, employee or agent of a\nperson or public corporation, or of a state department to knowingly and\nintentionally act, or a prime contractor of a person, public corporation\nor stat…