Section 13-0349 - Taking of fish for commercial purposes1. No person shall take food fish, shellfish, or crustacea from the waters of the marine and coastal district for commercial purposes using a commercial fishing vessel longer than seventy feet in registered length. For purposes of this section a person shall be presumed to be taking food fish, shellfish or crustacea for commercial purposes when setting, maintaining, operating or using nets, except 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; dredges; pots; or hook and line, except by angling.2. However, vessels being used to take food fish, shellfish or crustacea from the waters of the marine and coastal district prior to July first, nineteen hundred ninety-seven shall be exempt from the registered length requirement and the department shall publish a list of such vessels. In addition, such vessels which are exempt from such seventy foot in registered length requirement, and are on the list published pursuant to this section, shall also be permitted to be replaced one time without loss of such exemption.3. All vessels of sixty-three feet or greater registered length may be replaced one time by a new vessel of up to ten percent greater registered length.N.Y. Envtl. Conserv. Law § 13-0349