NY Env Conserv L § 11-0321 (2021)
2021 New York Laws ENV - Environmental Conservation Article 11 - Fish and Wildlife Title 3 - General Powers and Duties of the Department 11-0321 - "Restricted Areas"; Additional Enforcement on Private Premises.

§ 11-0321. "Restricted   areas";   additional   enforcement  on  privatepremises.1. Without limitation of the purpose and policy described  in  section   11-0303, or of the powers conferred in other sections, the department is   authorized:a. to adopt by regulation, classifications of "restricted areas" lying   within  the boundaries of premises, or of two or more sets of contiguous   premises, privately owned  and  with  respect  to  which  a  cooperation   agreement pursuant to section 11-0501 is in force, or owned by the state   or  a  political  subdivision  or  public  corporation thereof, in which   hunting, fishing or trapping, or any of them, shall be, as  provided  by   such   regulation  with  respect  to  the  classification  in  question,   prohibited, or shall be restricted or regulated as to the  manner,  time   or  conditions  applicable to the exercise in such "restricted areas" of   the privilege of entry upon  such  premises  for  purposes  of  hunting,   fishing or trapping;b.  to  adopt regulations with respect to the manner in which, and the   conditions upon which, such  "restricted  areas"  shall  be  recognized,   including  obligations  to  be  undertaken by the owner or lessee of the   premises for the furtherance of sound management  practices  and  public   access  for  hunting,  fishing  or  trapping,  to  premises  outside the   "restricted area", identification  and  notice  to  the  public  of  the   boundaries  of  the  "restricted area", and the manner in which, and the   grounds upon which, the  recognition  of  a  "restricted  area"  may  be   revoked or its classification changed;c.  to  adopt  regulations  with respect to prohibitions applicable to   each classification of a "restricted area";2. Such restricted areas may be established pursuant to  this  section   and  regulations  may  be made with respect to the use of such areas for   one or more of the following purposes:a. providing safety zones in and around buildings;b. providing safety zones deemed necessary for  temporary  periods  of   time  for  the  protection  of  life or property during farm and woodlot   operations;c. protecting agricultural or forest crops  from  trampling  or  other   damage during critical growth periods;d.  development  or  carrying  out  of  a  program of research in game   management in connection with which the department deems it desirable to   control the hunting, fishing or trapping pressures or to put into effect   special regulations authorized  by  section  11-0311  or  by  any  other   provision of the Fish and Wildlife Law;e.  protecting  the  water  supply  or  otherwise  providing  for  the   protection of the health of the people of the state;f.  such  other  purposes  relating   to   farm   operation,   woodlot   development,  fish and wildlife habitat improvement or public health and   safety  which  in  the  opinion  of  the  department   require   special   restrictions on the use of particular premises.3. No person shall charge or collect a fee or rental for the privilege   of  hunting,  fishing or trapping in a restricted area established under   the authority of this section.4. a. Notwithstanding the provisions of section 11-2111, a  restricted   area  shall  be deemed to be in existence and subject to the regulations   established pursuant to this section with respect to restricted areas of   the classification to which it is assigned, when signs  identifying  its   existence  shall have been erected on the premises in such manner as may   be required by the regulations of  the  department  applicable  thereto,   made as prescribed in paragraph b of subdivision 1 of this section. b.  No  person  shall  enter  or  remain  unlawfully  or engage in any   activity upon land which has been posted pursuant to such regulations in   violation of the terms of such posted signs.c.  No  unauthorized  person shall injure, conceal, deface or remove a   sign erected and maintained in accordance with such regulations.d. The requirements of posting provided in section 11-2111  shall  not   be applicable to the erection of signs identifying a restricted area.e.  Restricted areas may be established notwithstanding that the lands   or waters or part of them, included within said restricted area may have   been stocked with fish and game by the state.f. The existence of the restricted area shall terminate in such manner   as may be provided by regulations of the department.5. The department is further authorized,  at  the  discretion  of  the   commissioner,  to  exercise all of the powers and authority set forth in   this section, in relation to premises with respect to  which  agreements   are  in  effect  between the owner of such premises and the Agricultural   Stabilization and Conservation Service of the United  States  Department   of Agriculture and such agreements provide for such regulations, whether   or not such premises are the subject of an agreement pursuant to section   11-0501.  Payments to such landowners by the United States Department of   Agriculture under such agreements shall not constitute a fee  or  rental   within the meaning of subdivision 3 of this section.