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In NYS it is not prohibited to fish for stripers in marine waters (those south of the George Washington Bridge) during the closed season, you just can't keep them. Since the fish are migrating through the marine waters you are not disturbing their spawning.

North of the GWB, (non-marine waters) the season closed on November 30, and it is illegal to fish for stripers. Check out the DEC site below for non-marine waters.

http://www.dec.state.ny.us/website/dfwmr/seasons/foe4cad.html#Taking and Possession of Fish
 

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As far as the "could" or "may" part of it---yes. The law specifically allows you to target stripers during the closed season, so long as they are all released without unnecessary delay.

As far as "should"---well, you have to work it out for yourself.

baitboy---instead of going fishing today, may I suggest a remedial English course instead?---it'll really help the rest of us get whatever point you think you're making.
 
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