Trawls; Use Prohibited in Certain Waters.

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§ 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 term trawl shall include but not be limited to the otter trawl, the beam trawl, the Paranzella or two-boat trawl, the pair trawl, the Danish seine and the Scottish seine. Trawls shall not be set or used in the water areas of the marine district described in the following subdivisions:

1. In the waters of the county of Richmond and in the counties of Kings or Queens, northerly and westerly of a line from the sea end of the breakwater at Rockaway Point to Romer Shoal lighthouse, including Jamaica Bay and its adjacent bays, inlets, creeks and basins.

2. a. In the Atlantic Ocean within one-half mile of the coastline and in all connecting tidal waters inshore of the coastline, from Rockaway Inlet Jetty at Rockaway Point to the Town of Babylon bathing pavilion at Cedar Island Beach, and in all tidal waters inshore of a line from the Town of Babylon bathing pavilion to the sea buoy (BW S-I, Bell) at the entrance of Fire Island Inlet and thence to the seaward end of Fire Island Inlet Jetty at Democrat Point.

b. Seaward of Rockaway Inlet within an arc with a radius of one and one-half miles measured from the point at 40°32.4' N latitude, 73°56.5' W longitude, which is at or near the most southerly terminus of the Rockaway Inlet Jetty at Rockaway Point.

c. Seaward of East Rockaway Inlet within an arc with a radius of one and one-half miles measured from the point at 40°34.9' N latitude, 73°45.3' W longitude, which is at or near the most southerly terminus of the East Rockaway Inlet Jetty at Silver Point.

d. Seaward of Jones Inlet within an arc with a radius of two miles measured from the point at 40°34.4' N latitude, 73°34.6' W longitude, which is at or near the most southerly terminus of the East (Short Beach side) Inlet Jetty, during the period January 1 through June 14.

e. Seaward of Fire Island Inlet within an arc with a radius of two miles measured from the point at 40°37.2' N latitude, 73°18.4' W longitude, which is at or near the most southerly terminus of the Fire Island Inlet Jetty at Democrat Point, during the period January 1 through June 14.

3. In Mecox Inlet within one-half mile of the narrowest part of the mouth of such inlet and seaward of Moriches and Shinnecock Inlets within separate arcs each with a radius of one and one-half miles measured from a point for Moriches Inlet at 40°45.4' N latitude, 72°45.2' W longitude, and for Shinnecock Inlet at 40°50.2' N latitude, 72°28.3' W longitude, which points are midway between the points at the most southerly termini of the east and west jetties at the entrance to each inlet.

4. In the Harlem River and the East River east of the Robert F. Kennedy Bridge and in Long Island Sound west of a line drawn from Hewlett's (King's) Point to the north end of Hart Island, thence to the south end of Glen Island, and in their adjacent bays, coves, creeks and confluent waters.

5. In Flanders Bay, Great Peconic Bay, Little Peconic Bay, Noyac Bay and Shelter Island Sound, including all waters forming a part thereof or tributary thereto, lying westerly of an imaginary line extending from the most southerly point of Orient State Park to the most easterly point of Shelter Island, also known as Ram Head, and from this point in a generally southerly direction to the most northerly point of Cedar Point, including all of Orient Harbor, Hallock Bay and Northwest Harbor.

6. In the county of Suffolk in the waters lying westerly of an imaginary line extending in a southerly direction from the most easterly end of Plum Island to the most northerly end of Gardiners Island, and westerly of Gardiners Island, and westerly of a line extending in a southerly direction from the most southerly end of Gardiners Island to Goff Point; provided, however, that vessels and motorboats owned and operated by citizens who are residents of the state may be used in such waters in connection with the operation of trawls and other types of nets towed by such boats and vessels. Nothing in this subdivision shall be construed as legalizing the operation of any trawls in the waters described in subdivision 5 of this section.

7. In Long Island Sound, including all waters forming a part thereof or which are tributary thereto: a. west of an imaginary line from the New York-Connecticut boundary shore line extending easterly and southerly to Eaton's Point Neck on Long Island from April 1 to November 1.

b. South of a line from Hewlett Point on Great Neck eastward to Sands Point on Manhassett Neck, then to Matinicock Point, then to Oak Neck Point, then to Rocky Point at Centre Island, then to Lloyd Point, then to Eaton's Neck Point, buoy 13, then to buoy "1" (privately maintained) off the Northport Power Plant, then to buoy "NR" off the north of the Nissequogue river, then to buoy "1" off Stony Brook Harbor, and then to Crane Neck Point.

c. In the Nissequogue River.

d. Within Stony Brook Harbor.

e. Within one-half mile of the shore between an imaginary line extending north from Crane Neck Point and an imaginary line extending north from the shore intersect of the Riverhead-Brookhaven town line near Wading River, including all bays, harbors and tributaries landward thereof, including Port Jefferson Harbor, Conscience Bay, Setauket Harbor and Mount Sinai Harbor.

f. Within one mile of the shore of Fishers Island, or between the shore of Fishers Island and the Connecticut-New York State boundary line wherever such boundary line is within less than one mile of the shore of Fishers Island.

8. In the waters of the Great South Bay, Moriches Bay and Shinnecock Bay, including all tidal waters and all waters forming a part thereof or tributary thereto.

9. The department is authorized to adopt regulations prescribing the minimum size net mesh, and the manner in which such nets may be possessed and used, in trawl fisheries for summer and winter flounder.



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