N.Y. Environmental Conservation Law § 13-0333

§ 13-0333. Menhaden; prohibited acts.\n Menhaden (Brevoortia tyrannus) from which oil or meal is made, subject\nto the provisions of section 13-0343, may not be taken from the waters\nof the marine district with a purse seine; provided however, that the\ndepartment shall have the authority to issue a temporary order allowing\nthe use of purse seines for taking menhaden, pursuant to temporary\npermits, if the department determines that there is an imminent risk of\na fish kill resulting from the presence of unusually large amounts of\nmenhaden in waters of the marine and coastal district in or adjacent to\nwaterbody segments that are characteristic of locations likely to\nexperience fish kills or that have a history of hypoxia. Prior to\nissuing such temporary order, the department shall first consider other\nfishing methods authorized under this chapter, including but not limited\nto beach seines, and shall only issue a temporary order if the\ndepartment determines that such other fishing methods will not\nsufficiently mitigate the conditions precipitating the potential fish\nkill. Such order shall include the department's justification for the\nuse of purse seines, time, geography, and poundage specifications, and\nany other conditions that the department deems appropriate and shall be\nposted on the department's website. Following the adoption of such an\norder, the department may issue temporary permits, not to exceed\nfourteen days and subject to the conditions of the department's\ntemporary order, allowing for the harvest of menhaden.\n