NY Env Conserv L § 11-0917 (2021)
2021 New York Laws ENV - Environmental Conservation Article 11 - Fish and Wildlife Title 9 - Hunting 11-0917 - Possession, Transportation and Sale of Wild Game and Other Wildlife.

§ 11-0917. Possession,  transportation  and  sale of wild game and otherwildlife.1. Wild game and other  wildlife,  taken  in  this  state,  and  parts   thereof, may, if lawfully taken, bea. possessed.b.  transported within the state and from within to without the state,   andc. bought and sold, as provided in this section and in the sections of   the Fish and Wildlife Law and regulations of  the  department  to  which   this  section  refers,  and  not  otherwise.  It shall not be possessed,   transported, bought or sold  unless  lawfully  taken,  nor  transported,   bought  or  sold  unless  lawfully  possessed.  Nothing  in this section   applies to any game which is not wild game, as defined in subdivision  2   of section 11-0103.2. Unprotected wildlife may be possessed, transported, bought and sold   without  restriction  except as provided in subdivision 9 or subdivision   10.3.  Game  for  propagation  purposes  may   be   transported   without   restriction except as provided in subdivision 8 or subdivision 10.4.  The  carcasses, flesh, head, hide, feet or fur of wildlife, except   birds, may be bought and sold without restriction, except as provided in   subdivisions 8, 9 or 10. The head, skin plumage, hide, feet  or  fur  of   wildlife may be possessed and transported without restriction except (a)   as  provided in section 11-0911 with respect to deer, (b) as provided in   subdivision 9 with respect to birds, and (c) as provided in  subdivision   8 or subdivision 10.5.  Game  taken  and  possessed  in  one  part  of  the  state  may be   transported as provided in this section by the taker, or any person  who   acquires  it  lawfully  from the taker, and possessed by the taker or by   such person in any part of the state for the period during which it  may   be possessed at the place where taken.6.  Skunk,  bobcat,  mink,  raccoon and muskrat may be bought and sold   alive during their respective open seasons.8. Migratory game birds and beaver,  fisher,  otter,  bobcat,  coyote,   fox,  raccoon,  skunk,  muskrat and mink shall be possessed, transported   and disposed of only as permitted by regulation of the department.9. a. The flesh of cottontail rabbits, varying hares, European  hares,   squirrels, bear and deer shall not be bought or sold.b.  Bear  gallbladders and bile shall not be possessed, bartered, sold   or offered for sale or offered for barter unless a  valid  bear  tag  is   attached. For the purposes of this paragraph a valid bear tag shall mean   the  tag  or  similar identification required by the governmental entity   that permitted the legal taking of  such  bear.  Possession  of  a  bear   gallbladder  without a valid bear tag shall be prima facie evidence of a   violation of this paragraph. A  minimum  five  thousand  dollar  penalty   shall  be  issued  per  infraction  of  this  paragraph. Nothing in this   section  prohibits  an  officer,  employee,  or  agent  of  the  federal   government  or the department from possessing, transporting, delivering,   or receiving bear gallbladders or bile,  for  wildlife  law  enforcement   purposes.c. Notwithstanding paragraph a of this subdivision, game legally taken   may  be  possessed,  prepared and served by a non-profit organization at   any meeting for the members and guests provided that there is no  charge   for the meal.d.  Game  legally taken may be donated to, and possessed, prepared and   distributed by a charitable or not-for-profit organization which  serves   or  distributes food without cost to the poor or needy. Game or packages   of game donated pursuant to this paragraph  shall,  notwithstanding  the    requirements  for tagging and labelling of game contained in paragraph b   of subdivision 5 of section 11-0911 of this title, be  tagged,  labelled   or  marked  "not for sale" and such tag, label or marking shall identify   the  type of meat, the license number of the taker, the name and address   of the professional processor of the game and the  date  of  processing.   The  department  shall  make  available  instructions  for  the safe and   sanitary preparation of game, a list of  professional  processors  where   potential donors may take their game for preparation and packaging and a   list   of   charitable  or  not-for-profit  organizations  which  accept   donations   of   game.   Professional   processors,    charitable    and   not-for-profit   organizations   may  notify  the  department  of  their   intention to participate in such distribution, and the department  shall   include them in its lists unless good cause otherwise exists.e.  The  dead  bodies  of birds belonging to all species or subspecies   native to this state, defined in subdivision five of section 11-0103  of   this  article,  as  protected  wild birds, or belonging to any family of   which any species or subspecies is native  to  this  state,  and  is  so   defined  in  subdivision  five of section 11-0103 of this article, shall   not be sold, offered for sale or possessed for sale, for food purposes.f. The plumage, skin or body of any  wild  bird  shall  not  be  sold,   possessed for sale or offered for sale.g.  No  live  wolf,  coyote,  coydog,  fox, skunk, venomous reptile or   raccoon shall be possessed or transported, except  under  a  license  or   permit  issued  by  the  department.  Every such license or permit shall   contain a prominent notice thereon warning the licensee or permittee  of   his  or  her  duty  to exercise due care in safeguarding the public from   attack by such wild animal or venomous reptile and that failure to do so   is a crime under section three hundred seventy of  the  agriculture  and   markets  law.   The provisions of the opening paragraph of section three   hundred seventy of the agriculture  and  markets  law  except  the  last   sentence   thereof  shall  be  set  forth  on  such  license  or  permit   immediately following such warning notice.10. No wildlife shall be possessed, transported or  sold  contrary  to   the  terms  of  any  statute,  or  regulation,  permit or license of the   department, pursuant to which it was taken or acquired.