2023 New York Laws › ENV - Environmental Conservation › Article 11 - Fish and Wildlife › Title 5 - Fish and Wildlife Management Practices Cooperative Program; Prohibitions; Taking of Fish, Wildlife, Shellfish and Crustacea for Scientific Or › 11-0505 - Interference With Fish and Wildlife.

§ 11-0505. Interference with fish and wildlife.
1.  a. Except as permitted by the department, no person shall obstruct
  the passage of fish in any stream or river by a screen or otherwise. The
  department may order such obstruction removed by the person erecting the
  same or by the owner of the land on which it is located. A copy  of  the
  order shall be served on such person or owner and failure to comply with
  its  terms  within  ten  days  after  service  thereof shall be deemed a
  violation of this subdivision. This subdivision shall not apply to  dams
  heretofore or hereafter erected.
b.  Flumes or raceways in streams stocked with fish by the state shall
  be screened as the department may direct.
2. No person shall:
a. hold back or divert water in any  stream  which  supplies  a  state
  hatchery  so  as  to  prevent  the flow of sufficient water for hatchery
  purposes, or
b. take fish from the waters of any state  hatchery  operated  by  the
  department, except under the authority of the department.
* 3.  No  deer  or  bear  traps  shall  be made, set or used upon land
  inhabited by deer or bear. No salt lick shall be made, set or used  upon
  land inhabited by deer or bear, except that:
a.  the  department  may  do so on state wildlife refuges and wildlife
  management areas; and
b. a nuisance wildlife specialist with a  permit  issued  pursuant  to
  section  11-0522  of  this title may do so provided that such activities
  are in furtherance of the site-specific deer management plan.
c. a nuisance wildlife specialist with a  permit  issued  pursuant  to
  section  11-0522-a of this title may do so provided that such activities
  are in furtherance of the site-specific deer management plan.
* NB Effective until January 1, 2027
* 3. No deer or bear traps shall  be  made,  set  or  used  upon  land
  inhabited  by deer or bear. No salt lick shall be made, set or used upon
  land inhabited by deer or bear, except that the department may do so  on
  state wildlife refuges and wildlife management areas.
* NB Effective January 1, 2027
4.  No  person  shall  use any device which prevents frogs from having
  free access to and egress from water.
5. No person shall rob or wilfully destroy a  nest  of  any  protected
  birds unless a permit shall first be obtained from the department.
6.  Except as permitted by the department, no person shall at any time
  disturb a beaver dam, house or den or a muskrat  house  or  den  or  any
  structure constructed by a muskrat in which it can take shelter.
7.  No  person  shall  at any time disturb a nest box or any structure
  constructed for the purpose of harboring wild birds whether or not  such
  structure  is  inhabited by wild birds, except for annual maintenance of
  such structure or when deemed necessary by the  owner  of  the  property
  whereupon such structure is located.
8. No person shall place, give, expose, deposit, distribute or scatter
  any  substance  with the intent to attract or entice deer to feed within
  three hundred feet of a public highway. Normal agricultural practice  of
  planting, cultivating or harvesting and the feeding of deer held captive
  for  agricultural  purposes  or the feeding of deer held captive in zoos
  and wildlife parks shall not be considered attracting or  enticing  deer
  to feed for the purposes of this section.
* 9.  A  nuisance wildlife specialist with a permit issued pursuant to
  section 11-0522 of this title may, in accordance with the parameters  of
  such  permit  and the consultation of local law enforcement, entice deer
  in the manner prohibited in subdivision eight of this  section  provided

  that  such  activities  are  in  furtherance  of  the site-specific deer
  management plan.
* NB Repealed January 1, 2027
* 10.  A nuisance wildlife specialist with a permit issued pursuant to
  section 11-0522-a of this title may, in accordance with  the  parameters
  of  such  permit  and  the consultation of local law enforcement, entice
  deer in the manner prohibited  in  subdivision  eight  of  this  section
  provided  that  such  activities are in furtherance of the site-specific
  deer management plan.
* NB Repealed January 1, 2027