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 authority to issue a temporary order allowing
the use of purse seines for taking menhaden, pursuant to temporary
permits, if the department determines that there is an imminent risk of
a fish kill resulting from the presence of unusually large amounts of
menhaden in waters of the marine and coastal district in or adjacent to
waterbody segments that are characteristic of locations likely to
experience fish kills or that have a history of hypoxia. Prior to
issuing such temporary order, the department shall first consider other
fishing methods authorized under this chapter, including but not limited
to beach seines, and shall only issue a temporary order if the
department determines that such other fishing methods will not
sufficiently mitigate the conditions precipitating the potential fish
kill. Such order shall include the department's justification for the
use of purse seines, time, geography, and poundage specifications, and
any other conditions that the department deems appropriate and shall be
posted on the department's website. Following the adoption of such an
order, the department may issue temporary permits, not to exceed
fourteen days and subject to the conditions of the department's
temporary order, allowing for the harvest of menhaden.
Structure New York Laws
ENV - Environmental Conservation
Article 13 - Marine and Coastal Resources
13-0301 - Lease of State-Owned Underwater Lands for Shellfish Cultivation.
13-0302 - Lands Underwater of Gardiner's and Peconic Bays.
13-0305 - Marking Lands Prohibited; Injury to Monuments.
13-0309 - Taking, Handling and Importation of Shellfish; General Provisions.
13-0310 - Northern or Lined Seahorses; Prohibited Acts.
13-0311 - Digger's Permit to Take Shellfish for Commercial Purposes; When Not Required.
13-0313 - Shellfish Growers; Definition; Bed Permit.
13-0315 - Shellfish Shipper's and Processor's Permit.
13-0316 - Marine Hatcheries; Off-Bottom and On-Bottom Culture; Permits.
13-0319 - Shellfish Regulations.
13-0321 - Taking and Importation of Shellfish for Transplanting and Other Purposes.
13-0323 - Oysters; Prohibited Acts.
13-0325 - Clams; Prohibited Acts.
13-0328 - Commercial Licenses; Limited Entry.
13-0329 - Lobsters; Permit to Take; Prohibited Acts.
13-0330 - Whelks or Conchs; License to Take.
13-0331 - Crabs; Permit to Take; Prohibited Acts.
13-0333 - Menhaden; Prohibited Acts.
13-0334 - Marine and Coastal District Food Fish and Crustacea Dealers and Shippers License.
13-0335 - Food Fish; License; Prohibited Acts.
13-0336 - Marine and Coastal District Party and Charter Boat License.
13-0337 - Return of Fish, Crustacea and Other Animals to the Water.
13-0338 - Sharks; Department Authority; Finning Prohibited.
13-0339 - Marine Fish; Size Limits of Marine Species; Sale of Marine Species.
13-0340 - Bluefish (Pomatomus Saltatrix).
13-0340-A - Weakfish (Cynoscion Regalis).
13-0340-B - Fluke - Summer Flounder (Paralichthys Dentatus).
13-0340-C - Winter Flounder (Pleuorenectes Americanus).
13-0340-D - Blackfish or Tautog (Tautoga Onitis).
13-0340-E - Scup (Stenotomus Chrysops).
13-0340-F - Black Sea Bass (Centropristis Striata).
13-0340-G - Monkfish (Lophius Americanus, Lophius Reticulatus and Lophius Gastrophysus).
13-0341 - Trawls; Use Prohibited in Certain Waters.
13-0342 - Marine Fisheries Data.
13-0343 - Nets Other Than Trawls; Restrictions on Use of Nets and Trawls.
13-0343-A - Fish Pots and Traps; Restrictions.
13-0344 - Fish, Shellfish and Crustacea; Dumping.
13-0345 - Protection of Waters; Cesspools and Drains.
13-0347 - Management of Striped Bass in Marine Waters.
13-0349 - Taking of Fish for Commercial Purposes.
13-0350 - Marine Resources Advisory Council.
13-0355 - Recreational Marine Fishing Registration.