2023 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.