13-0355 - Recreational marine fishing license.
§ 13-0355. Recreational marine fishing license. 1. Definitions of licenses; privileges. a. A recreational marine fishing license 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 migratory fish of the sea from all waters of the state, except as provided in sections 13-0333 and 13-0335 of this title. A recreational marine fishing license is effective for a license year beginning January first and ending December thirty-first. b. A seven-day recreational marine fishing license entitles the holder to exercise the privileges of a recreational marine fishing license for the seven consecutive days specified in such license. c. A one-day recreational marine fishing license entitles the holder to exercise the privileges of a recreational marine fishing license on the day specified on such license. 2. General provisions. a. The privileges of a recreational marine fishing license may be exercised only at the times and places, and in the manner and to the extent, permitted by the fish and wildlife law and applicable regulations of the department. b. Recreational marine fishing licenses are not transferable. No person shall alter, change, lend to another person or attempt to transfer to another person any recreational marine fishing license. c. A license issued in lieu of a lost or destroyed license is void if it is obtained: (i) by fraud; or (ii) by a person who is not authorized to hold it or who makes a false statement in applying for it. d. No license authorizes the holder (a) to trespass upon private lands or waters or to interfere with property belonging to another person; (b) to take fish or wildlife on an Indian reservation; (c) to enter upon, or to take or disturb fish or wildlife upon, state lands or waters posted by the department except in accordance with a written permit from the department or an order adopted by the department; (d) to take any fish or wildlife in any area closed to the taking of fish or wildlife, or to take any species of fish, wildlife or protected insect in an area closed to the taking of such species. 3. Failure to carry license. a. The holder of a recreational marine fishing license shall: (i) at all times have such license on the holder's person while exercising any privilege of that license; and (ii) shall exhibit such license on demand to any police officer, peace officer, or owner, lessee or other person in control of the lands or waters or the designees of the owner, lessee or person in control of the lands or waters on which the license holder is present and is exercising the privileges thereof. b. Failure to have a recreational marine fishing license on one's person while exercising any privilege of that license is presumptive evidence that such person is fishing without holding the license required by this section. 4. Fees. Each applicant for a recreational marine fishing license shall pay to the issuing officer a fee according to the license issued and the residence or other qualification of the applicant, as follows: a. In the case of persons who have been residents of the state for thirty days or more immediately preceding the date of application or who are enrolled in a full-time course at a college or university within the state and who are in residence in the state for the school year, Indians residing off reservations in the state and members of the United States armed forces in active service stationed in this state regardless of place of residence at the time of entry into service: License Fee (1) Recreational marine fishing $10.00(2) Seven-day recreational marine fishing $ 8.00 (3) One-day recreational marine fishing $ 4.00 b. In the case of a non-resident and persons resident in the state for less than thirty days, other than persons who are enrolled in a full-time course at a college or university within the state and who are in residence in the state for the school year and those members of the United States armed forces as to whom fees are specified in paragraph a of this subdivision: License Fee (1) Recreational marine fishing $15.00 (2) Seven-day recreational marine fishing $10.00 (3) One-day recreational marine fishing $ 5.00 c. A person eligible for any free license pursuant to subdivision 2 of section 11-0715 of this chapter shall be eligible for a free recreational marine fishing license. d. License issuing officers may retain 5.5 percent of the gross proceeds from the sale of all recreational marine fishing licenses. 5. Exemption from requirement of recreational marine fishing license. a. Minors under the age of sixteen may take fish as if they held a recreational marine fishing license. b. Recreational fishing passengers on a marine and coastal district party or charter boat licensed pursuant to section 13-0336 of this title may take fish as if they held a recreational marine fishing license. 6. Recreational marine fishing license data. a. The department is authorized to collect data on holders of recreational marine fishing licenses, which shall include but not be limited to, a licensee's name, address and date of birth. b. License holder data collected by the department or available to the department shall be confidential and shall not be disclosed except as required to comply with section 401(g) of the Magnuson-Stevens fisheries management and conservation act (16 U.S.C. 1881), as may be amended from time to time, or by court order, except that the department may release or make public any statistics in an aggregate or summary form which does not make it possible to identify any person who submits such data. The department may prescribe such procedures as may be necessary to preserve such confidentiality. 7. Reciprocity in boundary waters. If persons holding recreational marine fishing licenses issued under the New York fish and wildlife law are not required to have licenses issued by a state named in paragraph a, b or c of this subdivision when fishing in that part of the waters, specified in such paragraph, which lies within that state then, in such case, a person holding a similar license issued by such state may, without a recreational marine fishing license issued under the New York fish and wildlife law, take fish as provided in this title, from that part of such waters specified in paragraph a, b or c of this subdivision which lies within this state: a. License issued by Connecticut: those parts of Long Island Sound lying between New York and Connecticut. b. License issued by New Jersey: those parts of New York Harbor, Hudson River, Kill Van Kull, Arthur Kill, Raritan Bay and Atlantic Ocean lying between New York and New Jersey. c. License issued by Rhode Island: those parts of Long Island Sound, Block Island Sound and Atlantic Ocean lying between New York and Rhode Island.