6 CRR-NY 328.1NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CHAPTER IV. QUALITY SERVICES
SUBCHAPTER A. PESTICIDE CONTROL
PART 328. USE OF CHEMICALS FOR THE CONTROL OR EXTERMINATION OF UNDESIRABLE FISH
6 CRR-NY 328.1
6 CRR-NY 328.1
328.1 Permit required.
(a) No person, individual, public or private corporation, political subdivision, government agency, municipality, industry, copartnership, association, firm, trust or estate, or any other legal entity whatsoever, shall use chemicals for the control or extermination of undesirable fish in any waters of the State without having applied for and obtained a written permit to do so from a designated permit-issuing official, except as specified in subdivision (c) of this section.
(b) Such permit may be issued for the use of chemicals in the control or extermination of undesirable fish, subject to such limitations as may be considered necessary to safeguard water quality. For the protection of riparian uses, no such permit shall be issued except where the applicant has certified that the affected riparian users have agreed to temporary curtailment of their uses incidental to treatment or unless the applicant demonstrates to the satisfaction of the commissioner that any non-consenting riparian users will not be significantly adversely affected by the use of the chemicals subject to such limitations as are set forth in the permit. Such limitations shall prescribe what chemical or chemicals may be applied to the waters under stipulated conditions to protect the public health, safety or welfare, and terrestrial and aquatic life or the growth and propagation thereof, other than fish contained in the water for which chemical treatment is proposed.
(c) Such permit, however, shall not be required: for removing undesirable fish by netting, trapping, drawing down of water or any other method not involving the use of chemicals when it is legally authorized by the Department of Environmental Conservation; or for chemical control of fish by the Department of Environmental Conservation on waters completely enclosed by or bordered by lands owned or leased by the department or the State.
6 CRR-NY 328.1
Current through December 31, 2020
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