reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter I - Miscellaneous Licenses › Part 174 - Sale Of Live Birds › Section 174.2 - Prohibition

Current through Register Vol. 46, No. 28, July 10, 2024
Except as permitted by section
					 174.3 of this Part, the sale of
					 birds or their eggs in the state is prohibited.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter I - Miscellaneous Licenses › Part 174 - Sale Of Live Birds › Section 174.3 - Permitted Sales

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  following species of captive bred birds may be sold without restriction:
Species common name:
Species scientific name:
Diamond dove
Geopelia cuneata
Cockatiel (including mutations)
Nymphicus hollandicus
Crimson rosella
Platycercus elegans
Eastern rosella
Platycercus eximius
Pale-headed (blue) rosella
Platycercus adscitus
Red-rumped parakeet (including all
								mutations)
Psephotus haematonotus
Bourke's parrot
Neophema bourkii
Budgerigar (including all mutations)
Melopsittacus undulatus
Blue-masked lovebird
Agapornis personata Var.
Zebra finch
Poephila guttata
(Lady) Gouldian finch
Chloebia gouldiae
Society (Bengalese) finch
Lonchura striata
Java sparrow
Padda (Lonchura) oryzivora
Common canary (including all varieties)
Serinus canaria
(b)
				  Birds possessed prior to May 1, 1986 may be sold provided the seller obtains a
				  permit from the department. The department may require submission of
				  documentation or other proof establishing that the bird was possessed in
				  captivity prior to May 1, 1986.
(c)
				  Captive bred birds bearing the identification required by section
				  174.4 of this Part may be
				  sold.
(d) State, federal or local
				  governmental agencies may sell birds.
(e) Scientific, zoological or educational
				  institutions having a license issued by the department pursuant to section
				  11-0515 of the Environmental
				  Conservation Law authorizing the sale of birds may sell birds.
(f) Persons having a falconry license issued
				  pursuant to section
				  11-1003 of the Environmental
				  Conservation Law may sell the progeny of lawfully possessed raptors.
(g) Domestic game birds or their eggs may be
				  sold by a person licensed pursuant to section
				  11-1901 of the Environmental
				  Conservation Law provided that all domestic game birds sold must be captive
				  bred.
(h) The department may
				  authorize the sale of birds by license issued pursuant to sections
				  11-0535 of the Environmental
				  Conservation Law or Part 182 of this Title.
(i) The department may authorize other sales which will accomplish
				  the purposes of section
				  11-1728 of the Environmental
				  Conservation Law and this Part
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter I - Miscellaneous Licenses › Part 174 - Sale Of Live Birds › Section 174.4 - Identification of Birds

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except
				  as authorized pursuant to section
				  174.3 of this Part, when a captive
				  bred bird is sold or offered for sale, the bird must be marked with a seamless
				  leg band or a butt-end leg band applied by a veterinarian as described in
				  subdivision (b) of this section.
(b) Banding Requirements: (1) butt-end leg
				  bands must be visibly marked with the Veterinarians identification number. (2)
				  In the event a band is removed for medical reasons a veterinarian licensed in
				  the State of New York must either apply their own band with their identifying
				  number or not band the bird. If the owner of the bird intends to sell this
				  bird, it must be banded and the owner must notify the department within 10 days
				  of replacement of the band of: the date of replacement; name and address of the
				  attending veterinarian; the reason why the band was removed; and, the
				  identifying number on the replacement band.
(c) Pet stores and other retail or wholesale
				  establishments dealing in birds other than those listed in subdivision (a) of
				  section 174.3 of this Part must prominently
				  display a sign visible to the public on the premises where such birds are
				  offered for sale. Letters in the sign must be at least one-half inch in height
				  and of contrasting color to the background. The sign shall contain the
				  following:
Notice to Customers
Only captive bred birds may be sold in New York State. With
					 the exception of certain common species, all birds offered for sale must be
					 marked with a band. A violation should be reported to the New York State
					 Department of Environmental Conservation at: 1-844-332-3267 or
					 central.dispatch@dec.ny.gov.
(d) A pet store or other retail or wholesale
				  establishment dealing in birds other than birds named in subdivision (a) of
				  section 174.3 of this Part must maintain
				  records, including invoices and bills of sale showing when, where and from whom
				  such birds were acquired. Such records must be open to inspection at reasonable
				  hours by employees of the department and must be maintained during the time
				  such birds are possessed by the pet store or retail establishment and for three
				  years thereafter.
(e) Bird
				  breeders shall keep and maintain on their premises complete records of the
				  purchase and sale, application of seamless leg bands, transfers, breeding
				  loans, and births and deaths of birds and shall make such records available for
				  inspection at reasonable hours by employees of the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter I - Miscellaneous Licenses › Part 175 - Special Licenses And Permits-definitions And Uniform Procedures › Section 175.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in sections
					 11-0305,
					 11-0515,
					 11-0517,
					 11-0536, 11- 0917,
					 11-1705,
					 11-1901,
					 11-1903,
					 11-1905,
					 11-1907,
					 11-1909,
					 11-1911 and
					 11-1913 of the Environmental
					 Conservation Law, in Parts 173, 174, 180 and 182 of this Title and in licenses
					 or permits issued pursuant to such sections and Parts and applications for such
					 licenses and permits, the following terms shall mean:
(a) Educational shall mean collection,
				  possession and/or exhibition in order to teach or instruct about the
				  characteristics, ecological role or conservation needs of a fish or wildlife
				  species, population or community.
(b) Exhibition means regular public display
				  or showing of fish, wildlife or parts thereof or products made therefrom where
				  the display itself is the chief object. A license or permit authorizing
				  possession for exhibition purposes may permit exhibition with the intention or
				  expectation of receiving monetary gain.
(c) Zoological means collection and/or
				  possession of live fish and wildlife for use in:
(1) developing husbandry techniques for
				  maintaining self-sustaining captive populations;
(2) establishment and maintenance of captive
				  populations to supply specimens to others for scientific or educational
				  purposes; or
(3) preservation of a
				  gene pool for possible reintroduction to the wild. A license or permit
				  authorizing collection and/or possession for zoological purposes may provide
				  that the fish or wildlife may be exhibited.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter I - Miscellaneous Licenses › Part 175 - Special Licenses And Permits-definitions And Uniform Procedures › Section 175.3 - General requirements for applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General requirements for complete
				  application. In order to be determined complete for the purpose of commencing
				  department review, the application for a license or permit must meet the
				  following criteria:
(1) The application must
				  include a properly completed department application form.
(2) The application must be accompanied with
				  cash or a check, money order or voucher, made payable to the Department of
				  Environmental Conservation for the total amount of the license, permit or
				  application fee, where applicable. Cash payments should not be submitted
				  through the mail.
(3) The
				  application may be modified by the applicant at any time prior to the license
				  or permit issuance. A modification of an application will require a
				  commensurate extension of the review time period.
(4) The application will bear a form notice
				  to the effect that false statements made therein are punishable pursuant to
				  section
				  210.45 of the
				  Penal Law and this notice must be signed by the applicant.
(5) The application must be submitted to the
				  appropriate department office as identified on the application or application
				  instructions.
(6) If the applicant
				  is a corporation, firm, partnership, association, institution, or public or
				  private agency, the application must be signed on behalf of such entity by the
				  president or an appropriate principal officer.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter I - Miscellaneous Licenses › Part 175 - Special Licenses And Permits-definitions And Uniform Procedures › Section 175.4 - Department action on applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department will determine if an
				  application is complete for review. Incomplete or vague applications will be
				  returned to the applicant with a request for additional information within 30
				  calendar days after receipt of the application. The application review time
				  period will not begin until the department has determined that an application
				  is complete.
(b) If the application
				  is determined to be complete, the department will mail to the applicant a
				  decision in the form of a license or permit with conditions or, if applicable,
				  a statement that the license or permit applied for has been denied, with an
				  explanation for the denial, within 45 calendar days after receipt of the
				  completed application.
(c) If the
				  department fails to mail a decision within the time periods specified above,
				  the applicant may make notice of that failure, by means of certified mail,
				  return receipt requested, for all licenses and permits listed in section
				  175.1(c)(1)-(9) of
				  this Part, addressed to the Director of the Division of Fish, Wildlife and
				  Marine Resources, NYS Department of Environmental Conservation, 625 Broadway,
				  Albany, NY 12233 and for all licenses and permits listed in section
				  175.1(c)(10) of
				  this Part, addressed to the Chief, Bureau of Marine Resources, NYS Department
				  of Environmental Conservation, 205 N. Belle Mead Road, Suite 1, E. Setauket, NY
				  11733. This notice must contain the applicant's name, the name of the license
				  or permit applied for, and the date the application was mailed to the
				  department.
(d) If the department
				  fails to mail the decision to the applicant within 15 working days of the
				  receipt of such notice, the application will be deemed approved and the license
				  or permit deemed granted, subject to the standard terms or conditions
				  applicable to such license or permit.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter I - Miscellaneous Licenses › Part 175 - Special Licenses And Permits-definitions And Uniform Procedures › Section 175.5 - License or permit revocations by the department

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Licenses or permits may be revoked by the
				  department for a period of time it deems appropriate, after taking into
				  consideration all relevant circumstances. The grounds for revocation include:
(1) materially false or inaccurate statements
				  in the application, supporting papers or required reports;
(2) failure by the licensee or permittee to
				  comply with any terms or conditions of the license or permit;
(3) exceeding the scope of the purpose or
				  activities described in the application;
(4) noncompliance with any provisions of the
				  Environmental Conservation Law, any other State or Federal laws or regulations
				  of the department directly related to the licensed or permitted activity;
				  and
(5) checks, money orders or
				  vouchers, submitted by the applicant for a license, permit or application fee
				  which are subsequently returned to the department for insufficient funds or
				  nonpayment after the license or permit has been issued.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter I - Miscellaneous Licenses › Part 175 - Special Licenses And Permits-definitions And Uniform Procedures › Section 175.6 - Special provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				  time period specified in this Part may be extended for good cause, by the
				  department. The department must notify the applicant or licensee in writing of
				  the duration of the extension.
(b)
				  At any time during the review of an application for a license or permit or
				  renewal, the department may request in writing any additional information which
				  is reasonably necessary to make any findings or determinations required by law
				  or regulation. Such a request must be explicit, and must indicate the
				  reasonable date by which the department is to receive the information. Failure
				  to provide such information by the date specified in the request will be
				  grounds for deeming the application incomplete and the department will return
				  the application to the applicant.
(c) Where this regulation requires exchange
				  of written materials within specified time periods, postmark dates will satisfy
				  the requirements, when not otherwise specifically provided.
(d) Any person issued a license or permit
				  assumes all liability and responsibility for any activity conducted under the
				  authority of such license or permit or actions resulting from activities
				  authorized by the license or permit.
(e) Any person who has been issued a license
				  or permit pursuant to this Part consents to allow any authorized representative
				  of the department access to enter upon his or her premises to conduct
				  inspections for compliance with license or permit conditions or to take any
				  action it deems necessary to stop or mitigate any threat to the health and
				  welfare of fish or wildlife populations or the human population resulting from
				  activities authorized pursuant to his or her license or permit.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter I - Miscellaneous Licenses › Part 176 - Leashed Tracking Dogs › Section 176.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, the following terms have the
					 indicated meanings:
(a) Department
				  means the Department of Environmental Conservation.
(b) Certified leashed tracking dog means a
				  dog which is used to track and find dead, injured, or wounded big game pursuant
				  to a license issued as provided by this Part and which is licensed and
				  identified as required by article 7 of the Agriculture and Markets
				  Law.
(c) License means a leashed
				  tracking dog license issued pursuant to this Part, authorizing use of certified
				  leashed tracking dogs as specified in this Part.
(d) Licensee means a person who is the holder
				  of a leashed tracking dog license.
(e) Physically incapacitated means incapable
				  of participating in the hunt due to physical injury.
(f) Dispatch means to humanely
				  kill.
(g) Where notification of the
				  department is required, such notification shall be directed to the Division of
				  Fish, Wildlife and Marine Resources, New York State Department of Environmental
				  Conservation, 625 Broadway, Albany, NY 12233.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter I - Miscellaneous Licenses › Part 176 - Leashed Tracking Dogs › Section 176.2 - Prohibition

Current through Register Vol. 46, No. 28, July 10, 2024
Except as permitted by section
					 176.4 of this Part, no person may
					 use a dog to track dead, wounded or injured big game.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter I - Miscellaneous Licenses › Part 176 - Leashed Tracking Dogs › Section 176.3 - Leashed tracking dog license

Current through Register Vol. 46, No. 28, July 10, 2024
A leashed tracking dog license issued by the department
					 entitles the licensee to:
(a) use
				  certified leashed tracking dogs at any time, with or without the aid of an
				  artificial light, to track and recover dead, wounded or injured big game during
				  all big game seasons, including Saturdays and Sundays, and the 24-hour period
				  immediately following the last day of a big game season;
(b) dispatch wounded or injured big game
				  animals which have been tracked and found in accordance with and pursuant to
				  the conditions of such license;
(c)
				  temporarily possess a big game animal which has been dispatched by the
				  licensee, or reduced to possession by the licensee, until lawfully tagged or
				  until delivered to an environmental conservation officer pursuant to the
				  conditions of such license;
(d) use
				  certified leashed tracking dogs at any time, with or without an artificial
				  light, to track and recover big game which are:
(1) dead, wounded or injured as the result of
				  activities authorized by permit issued under the authority of the Environmental
				  Conservation Law, section 11-0521 or under the authority of Environmental
				  Conservation Law, section 11-0523; or
(2) dead, wounded or injured as the result of
				  an accident.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter I - Miscellaneous Licenses › Part 176 - Leashed Tracking Dogs › Section 176.5 - Leashed tracking dog license; qualifications

Current through Register Vol. 46, No. 28, July 10, 2024
The applicant for a license must:
(a) provide proof of possession of a current
				  New York big game hunting license;
(b) not have been convicted of, or pled
				  guilty to, an offense under the Fish and Wildlife Law, or settled by civil
				  settlement or otherwise therefore, within the previous five years which
				  resulted in a revocation of the person's big game, hunting, or archery
				  license;
(c) submit a nonrefundable
				  application fee of $25 and a completed application to the department to be
				  eligible to take the written examination;
(d) receive a grade of 80 percent or higher
				  on a written examination administered by the department. The examination will
				  be offered at least once a year and will test the applicant's knowledge of the
				  Environmental Conservation Law and appropriate regulations, dog training and
				  handling methods and other areas of knowledge as deemed appropriate or relevant
				  by the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter I - Miscellaneous Licenses › Part 176 - Leashed Tracking Dogs › Section 176.6 - Leashed tracking dog license; issuance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Effective January 1, 2003, applicants who
				  meet the qualifications for a license must submit a $50 license fee to the
				  department.
(b) A license is valid
				  for five years from the date of issuance.
(c) A license is valid only for the
				  individual identified on the license and is not transferable.
(d) Licensees who fail to renew their license
				  within one year of the date of expiration must reapply and meet all the
				  qualifications set forth in section
				  176.5 of this Part.
(e) The department may, in its discretion,
				  include special conditions in the license which it deems appropriate or
				  necessary. It may also waive or dispense with any requirement of this Part when
				  it deems it to be in the public interest to do so.
(f) The renewal fee for this license is
				  $50.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter I - Miscellaneous Licenses › Part 177 - Sporting License Issuance And Use › Section 177.0 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to establish: the
					 administrative procedures for the issuance and use of hunting, fishing and
					 trapping licenses and the voluntary habitat stamp; the administrative
					 procedures and requirements for reporting license sales and remitting license
					 revenue by license issuing agents and license issuing officers; and the fee for
					 the habitat stamp.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter I - Miscellaneous Licenses › Part 177 - Sporting License Issuance And Use › Section 177.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Commissioner
				  means the Commissioner of Environmental Conservation.
(b) Department means the Department of
				  Environmental Conservation.
(c)
				  Domicile means that place where a person has his or her true, fixed and
				  permanent home, and to which he or she intends to return even though he or she
				  may actually reside elsewhere.
(d)
				  Habitat stamp means and refers to the voluntary habitat stamp authorized by
				  Section
				  11-0305 of the Environmental
				  Conservation Law.
(e) License means
				  any resident or nonresident license authorized by Section
				  11-0701 of the Environmental
				  Conservation Law.
(f) License
				  issuing agent means a municipal clerk.
(g) License issuing officer means a business
				  authorized by the Department to issue licenses.
(h) Resident means a person whose domicile is
				  within the New York State.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter I - Miscellaneous Licenses › Part 177 - Sporting License Issuance And Use › Section 177.2 - Requirements for purchasing sporting licenses

Current through Register Vol. 46, No. 28, July 10, 2024
Applicants for sporting licenses authorized under Section
					 11-0701 of the Environmental
					 Conservation Law shall provide the following information to authorized license
					 issuing agents/officers as proof of qualification for license
					 privileges:
(a) Identification. Each
				  applicant shall provide his/her name, address, date of birth, eye color and
				  height as identifying information. The applicant may provide his/her telephone
				  number and e-mail address on a voluntary basis.
(b) Proof of residence. Every applicant for a
				  license defined in section
				  11-0701 of the Environmental
				  Conservation Law, who claims to be a resident of the State for more than 30
				  days immediately preceding the date of application, shall furnish proof of such
				  residence by submitting to the license issuing agent or license issuing
				  officer, for examination, one or more of the following which shall serve to
				  verify the residence claimed by the applicant during the preceding 30-day
				  period:
(1) a New York State driver's
				  license;
(2) a New York State
				  non-driver's identification card issued by the New York State Department of
				  Motor Vehicles;
(3) a New York
				  State motor vehicle registration;
(4) an IT-201 or W-2 income tax
				  form;
(5) a current voter
				  registration card or a letter from the Board of Elections verifying that the
				  applicant is currently registered to vote in New York State;
(6) a current pay stub or a letter from a
				  current employer on company letterhead;
(7) a current lease within New York State in
				  the applicant's name;
(8) in cases
				  where religious constraints preclude the above forms of proof, a letter from
				  the elders of the applicant's religious group certifying that the applicant has
				  been a resident of New York State for more than 30 days immediately preceding
				  the date of application;
(9) in the
				  case of military applicants, a leave and earnings statement indicating New York
				  State as the state of entry, or work orders assigning the military applicant to
				  a tour of duty in New York State; and
(10) in the case of students, a current
				  school identification card or a letter from the registrar indicating that the
				  student is enrolled full-time for the current school year.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter I - Miscellaneous Licenses › Part 177 - Sporting License Issuance And Use › Section 177.4 - Reporting of sales and disposition of fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department shall provide each license
				  issuing officer or agent with a daily sales report, which shall include a list
				  of the day's transactions, total sales and commissions collected, and the net
				  dollar amount due to the department for the day.
(b) License revenue due to the department
				  shall be collected by electronic transfer of funds.
(1) License issuing agents. The department
				  shall transmit to license issuing agents, by the 10th of each month, an account
				  notice which summarizes license sales revenue for the previous month, less the
				  agent commission. Each month, license issuing agents shall deposit the license
				  sales revenue due the department into a designated bank account for electronic
				  transfer of funds according to the following schedule:
(i) For license issuing agents in counties
				  falling alphabetically between and including Albany through Franklin Counties,
				  funds shall be deposited so that they are available for withdrawal by the
				  department at the commencement of the banking business day on the 14th of the
				  month.
(ii) For license issuing
				  agents in counties falling alphabetically between and including Fulton through
				  Oswego Counties, funds shall be deposited so that they are available for
				  withdrawal by the department at the commencement of the banking business day on
				  the 15th of the month.
(iii) For
				  license issuing agents in counties falling alphabetically between and including
				  Otsego through Yates Counties, funds shall be deposited so that they are
				  available for withdrawal by the department at the commencement of the banking
				  business day on the 16th of the month.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter I - Miscellaneous Licenses › Part 177 - Sporting License Issuance And Use › Section 177.5 - Habitat stamp fee

Current through Register Vol. 46, No. 28, July 10, 2024
The fee for the habitat stamp shall be $5. One dollar shall
					 be retained by the license issuing agent as commission, and $4 shall be
					 deposited in the habitat account authorized by subdivision (h) of section
					 83 of the
					 State Finance Law.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 180 - Miscellaneous Regulations › Section 180.2 - Seizure of diseased native fish and feral animals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When an environmental conservation
				  officer or other authorized employee of the department determines or has
				  substantial reason to believe that a native fish or feral animal which has been
				  taken possesses an epizootic disease which endangers the health and welfare of
				  native fish or feral animal populations, he shall seize such native fish or
				  feral animal in the public interest to prevent the development, spread or
				  introduction of such disease.
(b)
				  Upon the seizure of such native fish or feral animal, an environmental
				  conservation officer or such authorized employee of the department shall issue
				  to the taker of such native fish or feral animal a special permit to take
				  another specimen of the same species as that seized, provided such native fish
				  or feral animal had been legally taken. Such special permit shall be valid only
				  during the open season for such native fish or feral animal in effect at the
				  time of issuance.
(c) In the event
				  the taker wishes to retain such native fish or feral animal because it is of
				  trophy status, the department will, where practical, attempt to decontaminate
				  such native fish or feral animal and return it to the taker. The cost of such
				  decontamination shall be borne by the taker. If such native fish or feral
				  animal is returned to the taker, a special permit as provided in subdivision
				  (b) of this section shall not be issued.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 180 - Miscellaneous Regulations › Section 180.3 - Definition and use of firearms, guns, and airguns

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of the Fish and Wildlife Law and this
					 Title:
(a) The terms firearm or gun
				  shall mean any rifle, pistol, shotgun or muzzleloading firearm which by force
				  of gunpowder, or an airgun as defined in subdivision (b) of this section, that
				  expels a missile or projectile capable of killing, wounding or otherwise
				  inflicting physical damage upon fish, wildlife or other animals.
(b) The term airgun shall mean any implement
				  which by the force of a spring, air or other non-ignited compressed gas expels
				  a missile or projectile and has a rifled or smooth barrel, using ammunition no
				  smaller than .17 caliber, producing projectile velocities of not less than 600
				  feet per second. For the purposes of the Fish and Wildlife Law, an implement
				  meeting the above specifications shall be considered a firearm or gun, and may
				  be used to take protected wildlife whenever such protected wildlife may legally
				  be taken with a rimfire rifle.
(c)
				  The term taken down shall mean:
(1)
				  separating the action from the barrel of a long gun which is designed to be
				  dismantled without the use of tools; and
(2) rendering inoperable a long gun which is
				  not designed to be dismantled without tools, so as to require tools to restore
				  such long gun to an operable condition. A bolt action firearm with the bolt
				  removed shall not be considered "taken down" unless it is otherwise dismantled
				  as provided in this subdivision.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 180 - Miscellaneous Regulations › Section 180.4 - Definition of resident owners or lessees actually occupying and cultivating farm lands

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of the Fish and Wildlife Law and this
					 Title, the following phrases and words shall have the indicated
					 meanings:
(a) Resident owners or
				  lessees or their immediate families actually occupying and cultivating farm
				  lands shall mean owners or lessees living continuously on a farm and deriving
				  revenue therefrom, who are primarily, personally, and bona fide engaged in
				  farming although they do not (1) spend all of their time in such activity, (2)
				  work the farm without assistance, or (3) refrain from engaging in secondary
				  activities.
(b) Farm shall mean one
				  or more tracts of land under single control devoted to agriculture, either to
				  raising crops or pasture, or both.
(c) Farm crops may consist of, but not
				  necessarily be limited to, grain, forage, fruit, vegetable, bee, fur, tree,
				  sod, livestock, dairy, or any other product of the soil.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 180 - Miscellaneous Regulations › Section 180.5 - Definition of trout waters

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of the Fish and Wildlife Law and this
					 Title, the terms trout waters, trout streams, trout ponds and trout lakes shall
					 mean those waters, streams, ponds and lakes inhabited (as defined by section
					 11-0103 of the Environmental
					 Conservation Law) by trout. Waters, streams, ponds and lakes listed in
					 Subchapter B of Chapter X of this Title for which a standard (T) or (Ts) is
					 designated are trout waters for the purposes of the Fish and Wildlife
					 Law.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 180 - Miscellaneous Regulations › Section 180.6 - Free sport fishing days

Current through Register Vol. 46, No. 28, July 10, 2024
The term free sport fishing days shall mean the last full
					 weekend (Saturday and Sunday) in the month of June, the weekend immediately
					 preceding Presidents Day in the month of February, the fourth Saturday in the
					 month of September, and the official United States public holiday known as
					 Veterans Day observed on November 11. On free sport fishing days, the sport
					 fishing license requirement of the Fish and Wildlife Law is suspended. All
					 other provisions of such law with respect to sport fishing shall remain in full
					 force and effect during free sport fishing days. Any and all other rules,
					 regulations and permit requirements shall also remain in full force and
					 effect.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 180 - Miscellaneous Regulations › Section 180.8 - Definition of archery equipment

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of the Fish and Wildlife Law and this
					 Title, a barbed broadhead shall be any arrowhead with a protrusion forming a
					 hook, notch or backward point which impedes withdrawal of an arrow when the
					 arrow is pulled from the flesh of an animal. The physical measurement which
					 determines if a blade or other protuberance is barbed is the angle of the rear
					 edge of the protuberance in relation to the arrow shaft or the forward
					 projection of the arrow shaft. If the rear edge of the protuberance is
					 perpendicular to the shaft, or angles forward as it progresses outward from the
					 shaft, then the protuberance is not barbed. If any part of the rear edge of the
					 protuberance angles toward the rear as it progresses outward from the shaft,
					 then the broadhead is a barbed broadhead. Notwithstanding the above definition,
					 a protuberance which appears to form a barb, but freely swings forward to a
					 nonbarbed position upon withdrawal of the arrow shall not be considered a barb;
					 and a notch at the base of a blade extending no more than two millimeters from
					 the shaft shall not be considered a barb.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 180 - Miscellaneous Regulations › Section 180.9 - Fish dangerous to indigenous fish populations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Purpose. The purpose of this section is
				  to list species of native or non-native fish that present a danger to the
				  health or welfare of indigenous fish populations, and to the health or welfare
				  of people of the State.
(b)
				  Prohibitions.
(1) Except as provided in
				  subdivisions (c) and (d) of this section, no person shall buy, sell, trade,
				  barter, offer for sale, possess, transport, import or export, or cause to be
				  transported, imported or exported, live individuals or viable eggs of the
				  following species of fish, which the Department of Environmental Conservation
				  (department) has determined present a danger to indigenous fish populations:
(i) silver carp (Hypophthalmicthys
				  molitrix);
(ii) bighead carp
				  (Hypophthalmichthys nobilis);
(iii)
				  black carp (Mylopharyngodon piceus);
(iv) snakehead fish of the genera channa and
				  parachanna (or the generic synonyms of bostrychoides, opicephalus,
				  ophiocephalus, and parophiocephalus) of the family channidae, including but not
				  limited to:
(a) Channa amphibeus (chel or
				  borna snakehead);
(b) Channa argus
				  (northern or Amur snakehead);
(c)
				  Channa asiatica (Chinese or northern green snakehead);
(d) Channa aurantimaculata;
(e) Channa bankanensis (bangka
				  snakehead);
(f) Channa baramensis
				  (baram snakehead);
(g) Channa barca
				  (barca or tiger snakehead);
(h)
				  Channa bleheri (rainbow or jewel snakehead);
(i) Channa cyanospilos (bluespotted
				  snakehead);
(j) Channa gachua
				  (dwarf, gaucha, or frog snakehead);
(k) Channa harcourtbutleri (inle
				  snakehead);
(l) Channa lucius
				  (shiny or splendid snakehead);
(m)
				  Channa maculata (blotched snakehead);
(n) Channa marulius (bullseye, murrel,
				  Indian, great, or cobra snakehead);
(o) Channa maruloides (emperor
				  snakehead);
(p) Channa
				  melanoptera;
(q) Channa melasoma
				  (black snakehead);
(r) Channa
				  micropeltes (giant, red or redline snakehead);
(s) Channa nox;
(t) Channa orientalis (Ceylon of Ceylonese
				  green snakehead);
(u) Channa
				  panaw;
(v) Channa pleurophthalmus
				  (ocellated, spotted, or eyespot snakehead);
(w) Channa punctata (dotted or spotted
				  snakehead);
(x) Channa stewartii
				  (golden snakehead);
(y) Channa
				  striata (chevron or striped snakehead);
(z) Parachanna africana (Niger or African
				  snakehead);
(aa) Parachanna
				  insignis (Congo, square-spotted African, or light African snakehead);
				  and
(ab) Parachanna obscura (dark
				  African, dusky or square-spotted snakehead).
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 180 - Miscellaneous Regulations › Section 180.10 - Game species reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Applicability. This section applies to reporting the harvest of deer, bear, and
				  wild turkey.
(b) Deer, bear and
				  wild turkey. A hunter who has taken a deer, bear, or wild turkey shall, within
				  7 days of taking the animal, report the harvest via one of the following
				  methods:
(1) by telephone, calling the number
				  advertised on the department's web-site and published in the current Hunting
				  and Trapping Law and Regulations Guide;
(2) by internet via a web-site designated by
				  the department;
(3) by any other
				  means as described in the current Hunting and Trapping Law and Regulations
				  Guide.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 180 - Miscellaneous Regulations › Section 180.11 - Sale of eggs from trout, lake trout, and atlantic salmon

Current through Register Vol. 46, No. 28, July 10, 2024
Except as permitted under section
					 11-1909 of the Environmental
					 Conservation Law for private trout and bass hatcheries, no person shall buy,
					 sell, offer or expose for sale, trade, barter, or cause to be bought or sold
					 eggs from any trout, lake trout or Atlantic salmon.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 180 - Miscellaneous Regulations › Section 180.12 - Eurasian boar

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Prohibitions.
(1) No person
				  shall hunt, trap, take or engage in any activity, including the use of dogs,
				  that is likely to result in the taking of any free-ranging Eurasian boar, as
				  defined in Environmental Conservation Law section
				  11-0514.
Free-ranging
shall mean any Eurasian boar that is not
				  lawfully possessed within a completely enclosed or fenced facility from which
				  the animal cannot escape to the wild.
(2) No person shall disturb, move, destroy,
				  tamper with, obstruct, damage, open or interfere with any lawfully set Eurasian
				  boar trap, net or capture device. No person shall release, remove or transport
				  any live Eurasian boar caught in any trap, net or capture device.
(3) Exceptions. This section shall not apply
				  to any State or Federal agency, to any member of a law enforcement agency
				  acting in accordance with their official duties, or to any other person
				  permitted to take Eurasian boar pursuant to Environmental Conservation Law
				  section 11-0521 or section 11-0523. Any person who takes a free-ranging
				  Eurasian boar pursuant to any of the above exceptions shall promptly notify the
				  department and follow all instructions given by the department with respect to
				  handling and disposition of the carcass.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 181 - Control Of Rabies In Wildlife › Section 181.1 - Findings and purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The Department of Environmental Conservation hereby finds
					 that rabies in certain wildlife species exists in the State and threatens the
					 health and welfare of people and native animal populations. The virulent nature
					 of rabies requires prompt and extraordinary actions. The purpose of this Part
					 is to identify such actions with respect to taking, possession, transportation,
					 sale or liberation of wildlife which may have been exposed to or contracted
					 rabies. All such actions are necessary in the public interest to prevent the
					 development, spread or further introduction of rabies.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 181 - Control Of Rabies In Wildlife › Section 181.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following terms have the
					 following meanings:
(a) Department
				  means the Department of Environmental Conservation.
(b) License or permit means the authorization
				  issued by the department to undertake a regulated activity involving wildlife
				  issued pursuant to Environmental Conservation Law, article 11.
(c) Wildlife means all animal life existing
				  in a wild state in New York, except fish, shellfish, and crustacea, and shall
				  include domestic game birds, domestic game animals, migrant species and captive
				  exotic animals.
(d) Euthanize means
				  to bring about rapid death.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 181 - Control Of Rabies In Wildlife › Section 181.3 - Department actions and prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The importation, possession,
				  transportation, sale or release of any live raccoon, skunk, red fox, gray fox
				  or bat is prohibited except under license or permit issued by the
				  department.
(b) The department may
				  summarily amend, suspend or revoke any license or permit issued which allows
				  the taking, possession, transportation, sale or release of any wildlife, when
				  wildlife possessed pursuant to such license or permit is suspected of having
				  been exposed to or contracted rabies.
(c) The department may immediately seize,
				  quarantine and euthanize any wildlife which it reasonably suspects to have been
				  exposed to or contracted rabies.
(d) The department may direct any person
				  possessing wildlife suspected of having rabies to comply with any measures that
				  are necessary to stop or mitigate the spread of rabies.
(e) Department staff may euthanize, using a
				  firearm or other means, any wildlife which is at large and is suspected of
				  having been exposed to rabies.
(f)
				  Raccoons taken pursuant to a trapping license may not be transported alive or
				  sold alive.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 181 - Control Of Rabies In Wildlife › Section 181.4 - Enforcement and liability

Current through Register Vol. 46, No. 28, July 10, 2024
Any person possessing wildlife is liable for all reasonable
					 expenses incurred by the department as a result of its actions to quarantine or
					 euthanize said wildlife or for necessary measures taken to stop or mitigate the
					 spread of rabies caused by said wildlife.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 182 - ENDANGERED AND THREATENED SPECIES OF FISH AND WILDLIFE; SPECIES OF SPECIAL CONCERN; INCIDENTAL TAKE PERMITS › Section 182.1 - References

Current through Register Vol. 46, No. 28, July 10, 2024
The following Federal regulations are incorporated in this
					 Part by reference:
(a) Code of Federal
				  Regulations (CFR).
(1) Endangered and
				  threatened wildlife - 50 CFR - Wildlife and Fisheries - part 17.11 - revised as
				  of September 24, 2010.
(2)
				  Endangered species convention 50 CFR - Wildlife and Fisheries - part 23 -
				  revised as of August 23, 2007.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 182 - ENDANGERED AND THREATENED SPECIES OF FISH AND WILDLIFE; SPECIES OF SPECIAL CONCERN; INCIDENTAL TAKE PERMITS › Section 182.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following words and phrases shall have the indicated
					 meanings when used in this Part and/or in documents prepared or reviewed in
					 conjunction with this Part.
(a)
				  Activity means any land use, construction or action.
(b) Adverse modification of habitat means any
				  alteration of the occupied habitat of any species listed as endangered or
				  threatened in this Part that, as determined by the department, is likely to
				  negatively affect one or more essential behaviors of such species.
(c) Commissioner means the Commissioner of
				  the Department of Environmental Conservation.
(d) Department means the Department of
				  Environmental Conservation.
(e)
				  Endangered species are species that:
(1) are
				  native species in imminent danger of extirpation or extinction in New York
				  listing in section
				  182.3(b) of this
				  Part and that are listed as endangered in section
				  182.5(a) of this
				  Part; or
(2) are species listed as
				  endangered by the United States Department of the Interior in the Code of
				  Federal Regulations ( 50 CFR part 17).