CWitek

DEC advice on shark fishing--including from the surf--in New York waters

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Folks--

 

Both the National Marine Fisheries Service and the New York State Department of Environmental Conservation are concerned about the targeting of prohibited shark species--sandbars, duskies, and sand tigers--in state waters.  The populations of all three species--and duskies in particular--are depleted, and fishery managers are concerned with release mortality.

 

I am a long-time member of NMFS Apex Predator Research's Cooperative Shark Tagging Program, and as such, received an email from NMFS last weekend advising me NOT to target or tag protected species within the waters of New York State (I proivided a copy of that letter in the New York Forum thread "That's No Fluke!"

 

A letter from the New York DEC was also sent, but I was unable to post it in its .pdf format.  I asked the DEC to provide me with a postable copy of the letter, because it contains information that many members of this site should be aware of, in particular, that it is illegal to intentionally target prohibited species of shark, and if one is incidentally caught, it must be released as quickly as possible without causing undue harm to the fish, WITHOUT the angler taking the time to tag or photograph the fish in question.  

 

There is the strong implication that enforcement action could be taken against those who act contrary to such direction.

 

Although the letter was addressed to members of the Cooperative Shark Tagging Program, the advice that it contains applies to anyone fishing in New York waters.

 

The text of the DEC letter is provided below.

 

Dear CSTP volunteer:

 

The New York State Department of Environmental Conservation (DEC) is sending this Notice to you and all volunteers in the NOAA Apex Predators Cooperative Shark Tagging Program as a reminder of the rules forbidding any person from taking prohibited shark species in New York State waters (0 – 3 miles offshore).  Tagging prohibited shark species is also illegal under New York State law. DEC’s shark regulations can be found in Section 40.7 of Title 6 of New York’s Codes, Rules and Regulations.  

 

Prohibited shark species found in New York State waters include Sandbar ("Brown"), Dusky, and Sand Tiger sharks. Large (non-dogfish) sharks that are caught from shore in New York are usually a prohibited shark species. Prohibited shark species may also be encountered by boat-based anglers in nearshore waters. 

 

Prohibited shark species are protected from fishing activities by Section 40.7. It is illegal to take or possess prohibited shark species. “Take" is defined in New York’s Environmental Conservation Law Section 11-0103 (13) and includes pursuing, killing, and capturing sharks. It also includes all lesser acts such as disturbing, harrying, or worrying, or using any device commonly used to take sharks. Any angler who is making an effort to catch a prohibited shark species is pursuing or targeting that species in violation of 6 NYCRR 40.7(c)(1). Do not fish for or target prohibited sharks in New York waters. Intentional catch and release of prohibited sharks is likewise illegal.

 

If a prohibited shark is hooked, the angler must release the prohibited shark immediately and in a manner that maximizes the shark’s chance of survival. Do not tag prohibited sharks or delay release to take pictures. Participating in NOAA’s shark tagging program as a CSTP volunteer does not exempt you from New York State laws and regulations. NOAA requires CSTP volunteers to follow all local, state and federal rules.

 

You can find the full list of New York shark regulations attached to this letter. Please review these regulations before you go shark fishing in New York waters.  If you have questions contact Kim McKown at kim.mckown@dec.ny.gov.

 

Thank you for your cooperation. 

 

Sincerely, 

 

 Kim McKown

 

Marine Invertebrates, Sturgeon, Cartilaginous Unit Leader

 

 

 

 

 

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I’m sure some geniuses will try and say that they were fishing for something else….
 

The sad reality to this is people are targeting because there’s really not much else to fish for.


During the time that I lived in NJ from 91-11 we always knew that sharks were around. One way or another we would come in contact with them during summer months but never bothered with them since we had weaks, Bass +/- other things to fish for. Now? Not much else to do in the depths of the summer in NJ and south shore or LI. 

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1 min ago, ermghoti said:

So, this essentially bans land-based and inshore shark fishing?

At least in NY. 
 

should have happened sooner, but at least it did happen. 

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47 mins ago, ermghoti said:

So, this essentially bans land-based and inshore shark fishing?

Land-based, yes.

 

If you can find threshers inside of 3 miles, or the occasional blacktip, they're not on the prohibited list.

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1 min ago, Sandflee said:

the clowns will still target them

Undoubtedly.  Most won't even know this went out.

 

But I suspect that anyone posting the usual YouTube videos and Facebook and Instagram shots hauling back on some poor sand tiger's nose, as clowns are wont to do, might find themselves getting a call from the local constabulatory,.

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9 mins ago, CWitek said:

Undoubtedly.  Most won't even know this went out.

 

But I suspect that anyone posting the usual YouTube videos and Facebook and Instagram shots hauling back on some poor sand tiger's nose, as clowns are wont to do, might find themselves getting a call from the local constabulatory,.

I think there's a "priceless" meme here about posting something (aka evidence) online that gets someone in trouble. Do the 'likes' go down after that?

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Posted (edited) · Report post

 

2 mins ago, Drew C. said:

I think there's a "priceless" meme here about posting something (aka evidence) online that gets someone in trouble. Do the 'likes' go down after that?

The likes should be safe so long as they don't show up until after the photo is posted.

 

Which is probably unfortunate...

Edited by CWitek

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5 hours ago, CWitek said:

Folks--

 

Both the National Marine Fisheries Service and the New York State Department of Environmental Conservation are concerned about the targeting of prohibited shark species--sandbars, duskies, and sand tigers--in state waters.  The populations of all three species--and duskies in particular--are depleted, and fishery managers are concerned with release mortality.

 

I am a long-time member of NMFS Apex Predator Research's Cooperative Shark Tagging Program, and as such, received an email from NMFS last weekend advising me NOT to target or tag protected species within the waters of New York State (I proivided a copy of that letter in the New York Forum thread "That's No Fluke!"

 

A letter from the New York DEC was also sent, but I was unable to post it in its .pdf format.  I asked the DEC to provide me with a postable copy of the letter, because it contains information that many members of this site should be aware of, in particular, that it is illegal to intentionally target prohibited species of shark, and if one is incidentally caught, it must be released as quickly as possible without causing undue harm to the fish, WITHOUT the angler taking the time to tag or photograph the fish in question.  

 

There is the strong implication that enforcement action could be taken against those who act contrary to such direction.

 

Although the letter was addressed to members of the Cooperative Shark Tagging Program, the advice that it contains applies to anyone fishing in New York waters.

 

The text of the DEC letter is provided below.

 

Dear CSTP volunteer:

 

The New York State Department of Environmental Conservation (DEC) is sending this Notice to you and all volunteers in the NOAA Apex Predators Cooperative Shark Tagging Program as a reminder of the rules forbidding any person from taking prohibited shark species in New York State waters (0 – 3 miles offshore).  Tagging prohibited shark species is also illegal under New York State law. DEC’s shark regulations can be found in Section 40.7 of Title 6 of New York’s Codes, Rules and Regulations.  

 

Prohibited shark species found in New York State waters include Sandbar ("Brown"), Dusky, and Sand Tiger sharks. Large (non-dogfish) sharks that are caught from shore in New York are usually a prohibited shark species. Prohibited shark species may also be encountered by boat-based anglers in nearshore waters. 

 

Prohibited shark species are protected from fishing activities by Section 40.7. It is illegal to take or possess prohibited shark species. “Take" is defined in New York’s Environmental Conservation Law Section 11-0103 (13) and includes pursuing, killing, and capturing sharks. It also includes all lesser acts such as disturbing, harrying, or worrying, or using any device commonly used to take sharks. Any angler who is making an effort to catch a prohibited shark species is pursuing or targeting that species in violation of 6 NYCRR 40.7(c)(1). Do not fish for or target prohibited sharks in New York waters. Intentional catch and release of prohibited sharks is likewise illegal.

 

If a prohibited shark is hooked, the angler must release the prohibited shark immediately and in a manner that maximizes the shark’s chance of survival. Do not tag prohibited sharks or delay release to take pictures. Participating in NOAA’s shark tagging program as a CSTP volunteer does not exempt you from New York State laws and regulations. NOAA requires CSTP volunteers to follow all local, state and federal rules.

 

You can find the full list of New York shark regulations attached to this letter. Please review these regulations before you go shark fishing in New York waters.  If you have questions contact Kim McKown at kim.mckown@dec.ny.gov.

 

Thank you for your cooperation. 

 

Sincerely, 

 

 Kim McKown

 

Marine Invertebrates, Sturgeon, Cartilaginous Unit Leader

 

 

 

 

 

Since when did these people edit the Merriam Webster definition of "take"  "“Take" is defined in New York’s Environmental Conservation Law Section 11-0103 (13) and includes pursuing, killing, and capturing sharks. It also includes all lesser acts such as disturbing, harrying, or worrying, or using any device commonly used to take sharks."

 

Soon I won't even be able to put a hook in the water. I'll tie my palomar knot to a rubber sinker and get in trouble for "worrying" the sharks. They can't be serious. 

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6 mins ago, 8 & Bait said:

Since when did these people edit the Merriam Webster definition of "take"  "“Take" is defined in New York’s Environmental Conservation Law Section 11-0103 (13) and includes pursuing, killing, and capturing sharks. It also includes all lesser acts such as disturbing, harrying, or worrying, or using any device commonly used to take sharks."

 

Soon I won't even be able to put a hook in the water. I'll tie my palomar knot to a rubber sinker and get in trouble for "worrying" the sharks. They can't be serious. 

I think the steel leader with a 10/0 hook with a bluefish on the end might give the local epo the clue about shark fishin 

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