NY Env Conserv L § 11-0103 (2021)
2021 New York Laws ENV - Environmental Conservation Article 11 - Fish and Wildlife Title 1 - Short Title; Definitions; General Provisions 11-0103 - Definitions.

§ 11-0103. Definitions.   As used in the Fish and Wildlife Law:   1. a. "Fish" means all varieties of the super-class Pisces.   b.   "Food   fish"   means  all  species  of  edible  fish  and  squid (cephalopoda).   c. "Migratory fish of the sea" means both catadromous  and  anadromous species  of  fish  which  live  a  part of their life span in salt water streams and oceans.   d. "Fish protected  by  law"  means  fish  protected,  by  law  or  by regulations  of  the  department,  by restrictions on open seasons or on size of fish that may be taken.   e. Unless otherwise indicated, "Trout"  includes  brook  trout,  brown trout,  red-throat trout, rainbow trout and splake. "Trout", "landlocked salmon",  "black  bass",  "pickerel",   "pike",   and   "walleye"   mean respectively, the fish or groups of fish identified by those names, with or  without  one  or  more  other  common names of fish belonging to the group. "Pacific salmon" means  coho  salmon,  chinook  salmon  and  pink salmon.   * f.  "Speargun"  and "under-water gun" means any speargun that stores potential energy provided from the spearfisher's  muscles  only  and  is used  while  submerged  under  the water. Such gun may only release that amount of energy that the diver has provided to it from such diver's own muscles. Common temporary energy storing  devices  for  spearguns  shall include,  but  not  be limited to: rubber bands, springs, and sealed air chambers.   * NB Repealed June 1, 2023   2. "Game" is classified as (a) game birds; (b)  big  game;  (c)  small game.   a.  "Game  birds"  are  classified as (1) migratory game birds and (2) upland game birds.  (1) "Migratory game birds" means the Anatidae or  waterfowl,  commonly known  as  geese,  brant,  swans  and river and sea ducks; the Rallidae, commonly known as rails, American coots, mud hens  and  gallinules;  the Limicolae  or  shorebirds,  commonly  known  as woodcock, snipe, plover, surfbirds, sandpipers, tattlers  and  curlews;  the  Corvidae,  commonly known as jays, crows and magpies.  (2)  "Upland  game  birds"  (Gallinae)  means  wild  turkeys,  grouse, pheasant, Hungarian or European gray-legged partridge and quail.  Grouse means  ruffed  grouse  and  every  member of the grouse family. Pheasant means the ring-necked, dark-necked and mutant pheasants and all  species and  subspecies  of  the  genus  Phasianus representing the true or game pheasants.   b. "Big game" means deer, bear, moose, elk, except  captive  bred  and raised North American elk (Cervus elaphus), caribou and antelope.   c.  "Small  game" means black, gray and fox squirrels, European hares, varying hares, cottontail rabbits,  native  frogs,  native  salamanders, native  turtles, native lizards, native snakes, coyotes, red fox (Vulpes vulpes) and gray fox (Urocyon cinereoargenteus) except captive bred  red fox  or  gray  fox,  raccoon,  opossum,  or weasel, skunk, bobcat, lynx, muskrat, mink, except mink born in  captivity,  fisher,  otter,  beaver, sable and marten but does not include coydogs.   3.  "Wild  game"  means  all  game,  except (a) domestic game bird and domestic game animal as defined  in  subdivision  4;  (b)  carcasses  of foreign  game  as  defined in section 11-1717, imported from outside the United States; (c)  game  propagated  or  kept  alive  in  captivity  as provided  in  section  11-1907  of this article; (d) game imported alive pursuant to license of the department, or artificially propagated, until such game is liberated; and (e) game  so  imported  or  propagated  when  liberated  for  the  purpose of a field trial and taken during the field trial for which it was liberated.   4.   a.  "Domestic  game  bird"  means  ducks,  geese,  brant,  swans, pheasants, quail, wild  turkey,  ruffed  grouse,  Chukar  partridge  and Hungarian or European gray-legged partridge, propagated under a domestic game  bird  breeder's  license pursuant to section 11-1901 or a shooting preserve license  pursuant  to  section  11-1903,  or  propagated  on  a preserve or island outside the state under a law similar in principle to title 19 of this article.   b.  "Domestic  game animal" means white-tailed deer propagated under a domestic game animal breeder's license pursuant to  section  11-1905  or propagated on a preserve or island outside the state under a law similar in principle to title 19 of this article.   c.  To qualify as such domestic game bird or domestic game animal, (1) live game must be held in private ownership, on such licensed  premises, and  in  the case of deer must be held on a preserve which is fenced, or is an island, as provided  in  section  11-1905,  or  must  be  held  in confinement  in course of transportation, and (2) the carcasses or flesh of such game coming from outside the state must  originate  on  premises operated  by  the  holder  of a domestic game certificate as provided in section 11-1715.   5. a. "Unprotected wild birds" means the English sparrow and starling, and also includes pigeons and psittacine birds existing in a wild state, not domesticated.   b. "Protected birds" means  all  wild  birds  except  those  named  in paragraph a of this subdivision.   6. a. "Wildlife" means wild game and all other animal life existing in a wild state, except fish, shellfish and crustacea.   b. "Wild bird" means birds which are "wildlife".   c.  "Protected  wildlife"  means  wild  game,  protected  wild  birds, protected  insects,  species  of  special  concern  and  endangered  and threatened  species of wildlife designated by the department pursuant to section 11-0535 of this article, species listed in  section  11-0536  of this  article  and species protected pursuant to section 11-0311 of this article.   d. "Unprotected wildlife" means all wildlife which is  not  "protected wildlife".   e.  "Wild  animal"  shall not include "companion animal" as defined in section three hundred fifty of the agriculture  and  markets  law.  Wild animal  includes,  and is limited to, any or all of the following orders and families:  (1) Nonhuman primates and prosimians,  (2) Felidae and all hybrids thereof, with the exception of the species Felis catus (domesticated and feral cats, which shall mean  domesticated cats  that were formerly owned and that have been abandoned and that are no longer socialized, as well as offspring of such cats) and hybrids  of Felis catus that are registered by the American Cat Fanciers Association or  the International Cat Association provided that such cats be without any wild felid parentage for a minimum of five generations,  (3) Canidae (with the exception of domesticated dogs and captive  bred fennec foxes (vulpes zerda)),  (4) Ursidae,  (5)  All  reptiles that are venomous by nature, pursuant to department regulation, and the following species and orders: Burmese Python (Python m. bivittatus), Reticulated Python (Python  reticulatus),  African  Rock Python  (Python  sabae),  Green  Anaconda  (Eunectes  maurinus),  Yellow Anaconda (Eunectes  notaeus),  Australian  Amethystine  Python  (Morelia amethistina  and  Morelia  kinghorni),  Indian  Python (Python molurus),  Asiatic  (water)  Monitor  (Varanus  salvator),  Nile  Monitor  (Varanus nilocitus),  White  Throat  Monitor  (Varanus albigularis), Black Throat Monitor (Varanus albigularis ionides)  and  Crocodile  Monitor  (Varanus salvadori), Komodo Dragon (Varanus komodensis) and any hybrid thereof,  (6) Crocodylia.   7. "Protected  insect"  means any insect with respect to the taking of which  restrictions  are  imposed  by  the  Fish  and  Wildlife  Law  or regulations of the department pursuant thereto.   8. "Plumage" is defined in section 11-1729.   9.  "Shellfish"  means  oysters,  scallops, and all kinds of clams and mussels.   10. "Hunting" means pursuing, shooting, killing  or  capturing  (other than  trapping  as  defined in subdivision 11) wildlife, except wildlife which has been lawfully trapped or otherwise reduced to possession,  and includes  all  lesser  acts  such  as  disturbing, harrying or worrying, whether they result in taking or not, and  every  attempt  to  take  and every  act  of assistance to any other person in taking or attempting to take wildlife.   11. "Trapping" means  taking,  killing  and  capturing  wildlife  with traps,  deadfalls  and other devices commonly used to take wildlife, and the shooting or killing of wildlife lawfully trapped, and  includes  all lesser  acts  such  as placing, setting or staking such traps, deadfalls and other devices whether they  result  in  taking  or  not,  and  every attempt  to  take  and  every  act  of assistance to any other person in taking or attempting to take wildlife with  traps,  deadfalls  or  other devices.   12.  a.  "Fishing"  means  the  taking, killing, netting, capturing or withdrawal of fish from the waters of the state by any means,  including every attempt to take and every act of assistance to any other person in taking or attempting to take fish.   b.  "Angling" means taking fish by hook and line. It includes bait and fly fishing, casting, trolling and also includes the use of landing nets in completing the catch of fish taken by hook and  line.  To  constitute "angling"   the   taking  must  be  in  accordance  with  the  following requirements:  (1)  the  operator  must  be  present  and  in  immediate attendance when lines are in the water;   * (2)  one person may operate not more than two lines, with or without rod, except that one person may operate up to three lines in freshwater;   * NB Effective until December 31, 2023   * (2) one person may operate not more than two lines, with or  without rod;   * NB Effective December 31, 2023 (3)  each  line  shall  have  not  more  than  five lures or baits, or a combination of both, and in addition each line shall have not  exceeding fifteen  single  hooks,  or seven double hooks, or five triple hooks, or any combination of such hooks, provided the total number of hook  points thereof  does  not exceed fifteen. Angling does not include snatching or hooking or the use of tip-ups.   c. "Hooking", "snatching" or "snagging" means taking  fish  that  have not  taken  or  attempted  to  take a bait or artificial lure into their mouth, by impaling fish with one  or  more  hooks  or  similar  devices, whether or not baited, into any part of their body.   d.  "Net" means a non-metallic fabric wrought or woven into meshes and includes the types known as seine, gill, pound, trap, scap,  fyke,  dip, scoop and stake net.   e.  "Spear"  means  a  hand-propelled single or multiple pronged pike, blade or harpoon, and does not include the mechanically propelled device commonly called a spear gun or under-water gun.    13. "Taking" and "take" include pursuing, shooting, hunting,  killing, capturing,   trapping,   snaring   and  netting  fish,  wildlife,  game, shellfish, crustacea and protected insects, and all lesser acts such  as disturbing,  harrying or worrying, or placing, setting, drawing or using any  net or other device commonly used to take any such animal. Whenever any provision of the Fish and Wildlife Law permits "taking", the  taking permitted is a taking by lawful means and in a lawful manner.   14. "Baiting" means the placing, exposing, depositing, distributing or scattering of shelled, shucked, or unshucked corn, wheat or other grain, salt  or  other  feed  in  such  a manner as to lure, attract, or entice upland game birds to any area where hunters are attempting to take them; "baited area" means any area where shelled, shucked, or unshucked  corn, wheat  or  other grain, salt or other feed whatsoever capable of luring, attracting, or  enticing  such  birds  is  placed,  exposed,  deposited, distributed or scattered.   15. "Marine district" means the waters described in section 13-0103.   16.  a. "Northern Zone" as used in the Fish and Wildlife Law or in any regulation of the department pursuant thereto means  that  part  of  the state  situated  northerly  of a line commencing at a point at the north shore of the Salmon  river  and  its  junction  with  Lake  Ontario  and extending easterly along the north shore of that river to the village of Pulaski,  thence southerly along Route 11 to its intersection with Route 49 in the village of Central Square, thence easterly along Route  49  to its  junction  with Route 365 in the city of Rome, thence easterly along Route 365 to its junction with Route  28  in  the  village  of  Trenton, thence  easterly  along  Route  28  to its junction with Route 29 in the village of Middleville, thence easterly along Route 29 to  its  junction with  Route 4, thence northerly along Route 4 to its junction with Route 22, thence northerly and westerly along Route 22 to the eastern shore of South Bay  on  Lake  Champlain  in  the  village  of  Whitehall,  thence northerly  along  the eastern shore of South Bay to the New York-Vermont boundary.   b. "Southern Zone" as used in the Fish and  Wildlife  Law  or  in  any regulation  of  the  department  pursuant thereto means that part of the state not included in the "Northern Zone".   17. "Wilderness Hunting Areas" means the following areas:   a. South branch of Moose river--West Canada creek area. Commencing  at a  point  in  the village of Indian Lake at the intersection of Route 28 with Route 30, thence  southerly  along  Route  30  to  the  village  of Speculator  and its junction with Route 8, thence westerly along Route 8 to its junction with Route 287, thence westerly along Route 287  to  its intersection  with  the Herkimer county line, thence northerly along the Herkimer county line to its intersection with Route 28 near the  village of  McKeever,  thence northerly and easterly along Route 28 to the point of beginning.   b. Essex Chain Lakes area. Commencing with the village of Indian  Lake on Route 28, thence northwesterly on Route 28 to its junction with Route 28-N  at the village of Blue Mountain Lake, thence northerly along Route 28-N to the village of Long Lake, thence easterly, and  southerly  along Route  28-N to its junction with Route 28 in the village of North Creek, thence northwesterly along Route 28 to the point of beginning.   c. Cold River area. Commencing at the village  of  Long  Lake,  thence northerly  along Route 30 to its junction with Route 3 in the village of Tupper Lake, thence easterly along Route  3  to  its  intersection  with Route  86 in the village of Saranac Lake, thence easterly along Route 86 to its junction with Route 73 in the  village  of  Lake  Placid,  thence easterly  and  southerly  along  Route  73 to its junction with Route 9, thence southerly along Route 9 to the village of Schroon River  and  the  junction  of  the  Blue Ridge road, thence westerly along the Blue Ridge road through the village of Blue Ridge to its junction with the  Tahawus road, thence southerly along the Tahawus road to its junction with Route 28-N, thence westerly along Route 28-N to the point of beginning.   d.  Oswegatchie-Beaver  river  flow  area and Independence river area. Commencing in the village of Blue Mountain Lake, thence  westerly  along Route  28  through  Old  Forge  to the intersection of Route 28 with the Adirondack state park boundary at the vicinity  of  White  Lake,  thence westerly  and  northerly along the Adirondack state park boundary to the point where said boundary crosses Route 3 between the villages  of  East Pitcairn  and  Fine,  thence  easterly along Route 3 to its intersection with Route 30 at the village of  Tupper  Lake,  thence  southerly  along Route 30 to the point of beginning.   e.  Middle  branch  of  Grass river area. Commencing in the village of Cranberry Lake on Route 3, thence northeasterly along  Route  3  to  its junction with Route 56 near the village of Sevey, thence northerly along Route  56  to  its  intersection with the Adirondack state park boundary southeast of the village of South Colton, thence west  and  south  along said  park boundary to its intersection with the Degrasse-Cranberry Lake road, thence easterly and southerly along said road to its junction with Route 3 approximately one mile west of the  village  of  Cranberry  Lake thence easterly along Route 3 to the point of beginning.   f.  West  branch of St. Regis river area. Commencing at the village of Tupper Lake, thence northeasterly along Route 30 to the junction of  the Brandon  road  leading  from  Paul  Smiths  to  St.  Regis Falls, thence westerly and northerly along said Brandon  road  to  its  junction  with Route  72  about  three miles west of the village of Santa Clara, thence northwesterly along Route 72 to its junction  with  the  St.  Regis-Lake Ozonia  road,  thence  southerly  and  westerly along the St. Regis-Lake Ozonia road to Lake Ozonia, thence northerly and westerly along the Lake Ozonia-Hopkinton road to its intersection with the Adirondack state park boundary, thence westerly, southerly, and westerly along the  Adirondack state park boundary to its intersection with the Parishville-Stark road, thence  southerly  along  said  road  to  the  village  of Stark, thence westerly along the Stark-Hubbards road to its junction  with  Route  56, thence  southerly  along  Route 56 to its junction with Route 3 near the village of Sevey,  thence  easterly  along  Route  3  to  the  point  of beginning.   18. "Inhabited" means a permanent occupancy by a species as contrasted with a temporary presence of an occasional individual.   19.  a.  "Person"  means  an individual, a co-partnership, joint stock company or corporation.   b. In construing any provision of the Fish and  Wildlife  Law,  gender and number shall be disregarded whenever necessary to give effect to the purpose of the provision.   c. A reference to the "immediate family" of a person means all persons who  are  related  by  blood,  marriage  or adoption to the person whose immediate family is referred to, and are domiciled in the house of  such person.   20.  "Environmental  conservation  officer" includes sworn officers in the division of law enforcement in the department.   21. "Carrier" means a person engaged in the business  of  transporting goods,  and  includes  a  common  carrier,  contract carrier and private carrier.   22. "Closed area" means any area of lands, or  waters,  or  lands  and waters  of the state, in which the taking of fish, wildlife or protected insects, or one or more of them, is prohibited,  or  in  which  hunting, fishing  or  trapping, or one or more of them, is prohibited by the Fish  and Wildlife Law, by proclamation of the Governor  pursuant  to  section 9-1101, or by rule or regulation of the department.   23. a. "Open season" means the time during which fish, game, wildlife, shellfish,  crustacea or protected insects may be legally taken. "Closed season" means the time during which they may not legally be taken.   b. Whenever an open season or a  closed  season  is  provided  by  the fixing  of dates, such dates shall be deemed part of such open season or closed season.   24. "Enclosed lands"  or  "wholly  enclosed  lands"  means  lands  the boundaries of which may be indicated by wire, ditch, hedge, fence, road, highway  or  water,  or  in  any  visible  or  distinctive  manner which indicates a separation from the surrounding contiguous territory. Except as otherwise provided, any such indication of boundaries  is  sufficient to constitute the lands within the boundaries "enclosed".   25.  "Hunting  related  incident"  means  the  injury to or death of a person caused by the discharge of a firearm, crossbow or  longbow  while the  person  causing  such  injury  or  death,  or the person injured or killed, is taking or attempting to take game, wildlife or fish.   26. "Muzzle loading firearm" means a gun which is loaded  through  the muzzle,  shooting  a  single projectile and having a minimum bore of .44 inch.   27. "Leashed  tracking  dog"  means  a  leashed  dog  which  has  been certified  by the department pursuant to section 11-0928 of this chapter to track and find wounded or injured big game.   28. "Captive bred" means born in captivity.   29. "Non-native big game mammal"  means  a  mammal  species  presently found in the wild and hunted as big game that is:   a. Native or an original inhabitant of the continents of Africa, Asia, South America, Australia, or Europe, whether or not captive bred; or   b.  A  captive  bred North American big game mammal including: cougar, wolf, bear, bison, big horn sheep, mountain goat,  antelope,  elk,  musk ox, mule deer, black tailed deer, caribou, and a domestic game animal as defined  in  paragraph  b of subdivision four of this section, provided, however, that nothing herein shall be deemed  to  expand,  diminish,  or alter the department's authority under existing statute or regulation to regulate the taking of big game as defined in paragraph b of subdivision two  of this section or other protected wildlife as defined in paragraph c of subdivision six of this section.   30. "Facility" means any type of zoo, petting zoo, circus, game  farm, game  preserve, or similar entity, or part thereof, where non-native big game mammals are housed, held, fed or provided for in any manner.   31.  "Pet"  means  an  animal  kept  for  the   primary   purpose   of companionship  that  is  normally maintained in or near the household of the owner or person who cares for such domesticated animal.   32. "Wildlife sanctuary" means an organization as described in section 170(b)(1)(A)(vi) of the Internal Revenue Code of 1986  and  that  is  in compliance  with  all applicable provisions of the Animal Welfare Act, 7 USC Sec. 2131 et seq. and operates  a  place  of  refuge  where  abused, neglected,  unwanted,  impounded, abandoned, orphaned, or displaced wild animals are provided  care  for  their  lifetime  or  rehabilitated  and released  back to their natural habitat, and, with respect to any animal owned by the organization, does not:   a. Use the animal for  any  type  of  entertainment,  recreational  or commercial  purpose  except  for the purpose of exhibition as defined by the department;   b. Sell, trade, lend or barter the animal or the animal's body  parts; or   c. Breed the animal.