N.Y. Comp. Codes R. & Regs. tit. 6, § 11.2 – Taking, possessing, sale, offering or exposing for sale or trafficking in certain Hudson River and Delaware River fish.

(a) No person shall possess fish, either dead or alive, while on the waters or shores of the Hudson River or its tributaries upstream from the river to the first falls or barrier impassable by fish, from the Federal Dam at Troy upstream to Bakers Falls in the Village of Hudson Falls, except that bait fish as described in section 11-1315 of the Environmental Conservation Law may be possessed for use a fish bait. Use or possession of alewife of blueback herring as fish bait upstream of Lock C-4 and its associated dam near Stillwater is prohibited. Angling and the use of tip-ups are provided in Part 10 of this Title, is permitted in these waters provided that all fish caught are immediately released without unnecessary injury.
(b) In the Hudson River, and its tributary waters upstream from the river to the first falls or barrier impassable by fish, from the Federal Dam at Troy south to the Battery, New York City, no person may:
1. (1) take or possess American eel, except when greater than 9 inches in length and less than 14 inches in length, for use as bait or for sale as bait;
2. (2) fish commercially for black crappie, brown bullhead, common carp (except for cut bait), goldfish (except for sale as ornamentals), pumpkinseed, white catfish or white perch (except for bait). For the purposes of this section, fish commercially means either: the possession, setting, tending, operating or maintaining of nets or other devices for which a license is required pursuant to section 11-1503 of the Environmental Conservation Law; or the sale, offering for sale, exposing for sale or transporting of such fish other than in the boat in which such fish were landed after being taken; or
3. (3) take or possess Atlantic sturgeon at any time; or
4. (4) take or possess American shad in the Hudson River and its tributary waters upstream from the river to the first falls or barrier impassable by fish, from the Federal Dam at Troy south to the Governor Mario M. Cuomo Bridge, and the Marine and Coastal District at any time.
(c) Fish unintentionally taken in violation of paragraph (b)(1) or (2) of this section must be returned to the water at once without any unnecessary injury, except that fish taken in gill nets need not be returned to the water but must not be bought, sold or trafficked in. For purposes of this section, trafficked in includes possession or transportation in any boat or vehicle other than the boat in which such fish were landed after being taken.
1. (1) Any Atlantic sturgeon inadvertently taken in New York must be returned to the water immediately without unnecessary injury.
2. (2) It is unlawful for any person to sell, import, traffic in or possess Atlantic sturgeon or Atlantic sturgeon products in New York.
3. (3) Any person violating any provision of these regulations may be subject to license revocation as provided in Part 175 of this Title.
(d) Possession and sale of Atlantic sturgeon.
(e) Possession and sale of American shad in the Hudson River, and its tributary waters upstream from the river to the first falls or barrier impassable by fish, from the Federal Dam at Troy south to the Governor Mario M. Cuomo Bridge, and the Marine and Coastal District.
1. (1) Any American shad inadvertently taken in the Hudson River, and its tributary waters upstream from the river to the first falls or barrier impassable by fish, from the Federal Dam at Troy south to the Governor Mario M. Cuomo Bridge, and the Marine and Coastal District must be returned to the water immediately without unnecessary injury.
2. (2) It is unlawful for any person to sell, import, traffic in or possess American shad in New York except that fish from other than New York waters that are accompanied by a bill of lading or sale denoting the state of origin.
3. (3) Any person violating any provision of this subdivision may be subject to license revocation as provided in Part 175 of this Title as well as other applicable penalties as set forth in law.
(f) In the Delaware River, and its tributary waters upstream from Port Jervis, no person may fish commercially for American shad or anadromous river herring (alewife and blueback herring), as defined in Part 10 of this Title at any time. For the purposes of this paragraph, fish commercially means either: the possession, setting, tending, operating or maintaining of nets or other devices for which a license is required pursuant to section 11-1503 of the Environmental Conservation Law; or the sale, offering for sale, exposing for sale or transporting of such fish other than in the boat in which such fish were landed after being taken.