NY Env Conserv L § 11-1901 (2021)
2021 New York Laws ENV - Environmental Conservation Article 11 - Fish and Wildlife Title 19 - Propagation; Shooting Preserves; Farm Fish Ponds; Fishing Preserves 11-1901 - Breeding of Domestic Game Birds.

§ 11-1901. Breeding of domestic game birds.1.  The department may, in its discretion, issue to an owner or lessee   of wholly enclosed lands, or an entire  island,  a  domestic  game  bird   breeder's  license  permitting him to possess and propagate such species   of domestic game birds  as,  in  its  opinion,  he  has  facilities  for   propagating  on the licensed premises. The license shall expire on March   31 every fifth year. The department shall prescribe  and  furnish  forms   for   application   for  such  license.  Applicants  shall  pay  to  the   department, and the  department  shall  be  entitled  to  receive,  fees   according to the type of license so issued as follows:a.  Class A license, two hundred dollars. This license shall allow the   holder thereof to  purchase,  possess,  propagate,  transport  and  sell   domestic game birds, dead or alive, and their eggs.b. Class B license, forty dollars. This license shall allow the holder   thereof  to  purchase, possess and propagate domestic game birds for his   own use. Birds may be killed for  food  or  released  to  the  wild  for   restocking.  No  live  birds  or  their  eggs  or carcasses may be sold,   exchanged or given away.2. The department may revoke the license of any licensee convicted  of   a  violation  of this section, and no license shall be issued to him for   the ensuing two years. The licensee, unless he shall waive  such  right,   shall  have an opportunity to be heard. Notice of hearing shall be given   by mailing the same in writing to the licensee at the address  contained   in  his  license.  Attendance of witnesses may be compelled by subpoena.   Revocation shall be deemed  an  administrative  act  reviewable  by  the   supreme court as such.3.  Only  domestic  game birds legally propagated or acquired shall be   possessed under these licenses.4. On the licensed premises the licensee may kill domestic game  birds   at  any  time  in any manner except by shooting. Nothing in this section   shall be construed to prohibit  the  shooting  of  domestic  game  birds   liberated  on  the licensed premises if such shooting is done during the   open season for such species or pursuant  to  a  license  under  section   11-1903.5.  Each  such domestic duck, goose, brant and swan shall be marked in   accordance  with  requirements  set  forth  in  rules  and   regulations   established  by  the department of the interior pursuant to 50 C.F.R. 21   as may be amended from time to time. Such information shall be  provided   by  department  press  release  and  any other means that the department   determines to be appropriate and effective,  including  posting  on  the   department's public website. Birds so marked, which have escaped, may be   recaptured  by the licensee. Escaped birds may be recaptured only on the   premises of the licensee.6. The holder of a domestic game bird  breeder's  license  shall  keep   records  and make reports as required by and upon forms furnished by the   department. The reports shall be subscribed by the licensee,  and  shall   contain  an  affirmation that the statements therein are made subject to   the penalties of perjury. The records shall be  continuous  and  current   and shall be kept on the licensed premises, and the licensee shall allow   any  representative  of  the  department  to  enter upon the premises to   inspect his operations and records.  Records  must  be  retained  for  a   period of three years.7. On the licensed premises the licensee may take any unprotected wild   bird,  or  any  predatory  wildlife  except, protected birds, disturbing   domestic game. Such birds or wildlife may be taken at any  time  and  in   any  manner,  except that no trap of the leg-gripping type, having teeth   in the jaws or having a greater spread of jaws than six inches, shall be   used for such purpose, nor shall a trap be set so that any wildlife when    caught shall be suspended. Carcasses of such birds or wildlife shall  be   immediately  buried  or  cremated,  except that carcasses of unprotected   wildlife, and of protected wildlife other than  birds  if  taken  during   their respective open seasons, may be possessed, transported, bought and   sold to the extent permitted by section 11-0917.8.  Domestic  game  bird  carcasses  and  parts shall be identified as   required by section 11-1721 of this article.