NY Env Conserv L § 11-1101 (2021)
2021 New York Laws ENV - Environmental Conservation Article 11 - Fish and Wildlife Title 11 - Trapping 11-1101 - Prohibitions.

§ 11-1101. Prohibitions.   1. Except as provided in title 5 or in sections 11-1901 or 11-1903, no wild bird shall be trapped, netted or snared, or if so taken, possessed.   2.  Traps  shall  not  be set for the taking of any protected wildlife except (a) in an open season as provided in section 11-1103  for  taking the  species  for  which  the  trap  is set; or (b) in accordance with a license or permit issued by the department pursuant to title 5;  or  (c) as  provided  in  title 5 or title 19 with respect to rabies control and predatory, destructive or menacing wildlife;  or  (d)  on  a  registered muskrat  marsh  as provided in section 11-1109. Protected wildlife taken or captured in a trap shall not be killed  or  possessed  while  captive unless  it  is  a  species  of  wildlife for which the trap was or might lawfully have been set at the time of capture.   3. In waters of the Southern Zone, as  so  defined,  from  December  5 through January 31, no person shall set, place or maintain a trap of any kind  except (a) spring hole trap sets for the purpose of taking fox, or (b) water sets during any open season  established  for  the  taking  of muskrat,  otter  and  beaver,  or  (c) traps set on a registered muskrat marsh pursuant to permit, issued as provided in section 11-1109.   4. On the opening day of an open season for trapping, no person  shall stake,  set  or place any trap or deadfall for the purpose of taking the species of game for which such open season is established or  fixed,  in the area for which such open season is established or fixed, before 7:00 A.M.   5.  Except  as  provided in subdivision 1 or 2 of section 11-0523 with respect to destructive and menacing wildlife, no person shall (a) set or use a trap of the leg-gripping type having teeth in the jaws; (b) set  a trap so that wildlife when caught is suspended; (c) use, locate or set a snare  or  a  device  consisting  of  a noose of any material whereby an animal may be taken.   6. a. No person shall set or use a trap of the leg-gripping  type  (a) having a spread of jaws exceeding 7 1/4" measured at right angles to the axis  upon  which the jaws operate and excluding the gripping surface of each jaw, when used under water during  the  open  season  for  trapping beaver or otter, or (b) in any other case, except as provided in title 5 or  in  section  11-1109, having a spread of jaws exceeding 5-3/4" as so measured.   b. No person shall set or  use  a  body  gripping  type  trap  with  a dimension of more than 7-1/2 inches except:  (a)  when used in water during the open season for trapping beaver and otter; or  (b) as further permitted by the department by regulation.   The dimension of the body gripping trap shall be ascertained when  the trap  is  set  in  the  extreme cocked position and shall be the maximum distance between pairs of contacting body gripping surfaces  except  for rectangular  devices  which  shall be the maximum perpendicular distance between pairs of contacting body gripping surfaces.   c. Traps of the leg-gripping type having a spread of jaws exceeding 4" measured as described in paragraph a of this subdivision,  when  set  on land  (excluding  traps originally set in water) (a) shall be covered at the time the trap is set or visited; if the trap becomes uncovered after it is set the covering shall  be  replaced  at  the  time  the  trap  is visited;  coverings  shall  include  but  not  be limited to soil, sand, leaves,  needles,  other  plant  materials,  and  other  substances   as permitted  by  department  regulation;  such substances shall completely cover the jaws of the trap,  and  (b)  shall  be  equipped  with  a  pan tensioning  device  which shall include but not be limited to a bolt and nut, notches grooved in the pan and dog or lever, sheer pins,  a  spring  under  the pan or strip of band steel, or other devices or modifications as permitted by regulation of the department.   7.  Except  as  provided  in section 11-1109, (a) no person shall take muskrat by the use of a box, wire or cage trap, except that they may  be taken  in  such a trap of a construction incapable of taking any species of wildlife until wildlife previously taken therein has  been  released; (b)  except  as  otherwise permitted by department regulation, no person shall set, stake or use a trap within a distance of  five  feet  from  a muskrat  den or house or any structure constructed by a muskrat in which it can take shelter; (c) smoke, chemicals, gas or poison  shall  not  be used  on  or  near  any trap used to take beaver, otter, fisher, bobcat, coyote, fox, mink, raccoon, muskrat or skunk.   8. Except as permitted by the department, no person shall  set,  stake or  use  a trap within a distance of fifteen feet from a beaver dam, den or house.   9. No person shall take, possess or remove from any legally  set  trap any  lawfully  trapped wildlife or shall wilfully disturb, destroy, take or possess, any legally set trap, without the permission of the owner of such trap.   10. Traps shall not be set or placed on a public highway.   11. Beaver, fisher and otter shall be taken only as permitted  by  the department.   12.  No  person  shall  trap  wildlife  within  one  hundred feet of a dwelling, school building,  school  playground  or  church  without  the written consent of the owner or lessee of the property where the trap is set.