But if you look at the law, the definition right above "angling" is the one for "fishing". Now where does it say that within the marine district it is illegal for us to go "fishing" using means other than what is legally defined as "angling"?
Sandman's post gives a close (but confusing) lead in the right direction. It makes reference to
[Section 13-0335-1 ECL]. This section is the State's poor attempt to define exactly what they consider to be commercia fishing. Here is the text;
S 13-0335. Food fish; license; prohibited acts.
1. A person who is domiciled in the state may take and land food fish
for commercial purposes, upon obtaining a marine commercial food fishing
license, except as prohibited by this chapter, from the waters of the
marine and coastal district and may land food fish taken from waters
outside New York state boundaries for commercial purposes. For purposes
of this section "commercial purposes" shall mean the taking of food fish
by any method for subsequent sale, trade or barter or to offer for sale,
trade or barter and the taking of food fish when setting, maintaining,
operating or using nets, except cast nets, not in excess of twenty feet
in diameter, when operated by hand for the purposes of taking only
Atlantic menhaden (Brevoortia tyrannus) and mullets (Mugil spp), for recreational purposes only, seines not larger than thirty feet long or
four feet deep or lift nets not larger than sixteen square feet; traps,
except bait traps not more than thirty inches in length; combs; pots; or
hook and line, except by angling. The fee for such license shall be two
hundred fifty dollars, and shall cover all persons employed by the
licensee while engaged in such employment of commercial fishing.
If you notice, there is that phrase towards the end that states "and hook and line, except by angling".
Is anyone here an attorney who can decipher this section??
Is the State attempting to say that If you fish using hook and line you are commercial fishing unless you are following the definition of "angling"???
It's no wonder that I couldn't find this stupid law. Even when I think I'm looking at it, I'm still not sure! You gotta Love this stupid State!