New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter B - Trapping › Part 6 - More Than One Species › Section 6.3 - General regulations for trapping beaver, otter, mink, muskrat, raccoon, opossum, weasel, red fox, gray fox, skunk, coyote, fisher, bobcat and pine marten

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Trapping
				  regulations.
(1) No person shall use traps of
				  the leg - gripping type with a dimension of greater than 5 3/4 inches except
				  that traps up to 7 1/4 inches may be used when set under water during the open
				  season for trapping beaver or otter. No person shall set or use a leg -
				  gripping type trap in such a manner that the animal, when caught, would be
				  suspended. No person shall use traps of the leg-gripping type that have teeth
				  in the jaws.
(2) No person shall
				  fail to identify his/her traps set or placed for taking beaver, otter, mink,
				  muskrat, raccoon, red fox, gray fox, skunk, coyote, bobcat, fisher, pine
				  marten, opossum or weasel with a tag bearing his/her name and residence address
				  which shall be legible at all times.
(3) Trap check.
(i) Traps set for taking wildlife in the
				  Southern Zone, as defined in Environmental Conservation Law section 11-0103,
				  must be visited once in each 24 hours.
(ii) Traps set for taking wildlife in the
				  Northern Zone, as defined in Environmental Conservation Law section 11-0103,
				  must be visited as follows:
Trap check
							 interval
Wildlife management units
Visited once in each 48 hour period
5C, 5F,
							 5G, 5H, 5J, 6F, 6J and 6N
Visited once in each 48 hour period
5A, 6A,
							 6C, 6G, 6H and 6K for traps set in water during the open season for beaver,
							 otter, mink and muskrat.
Visited once in each 48 hour period
5A, 6A,
							 6C, 6G, 6H and 6K for body-gripping traps set on land.
Visited once in each 24 hour period
5A, 6A,
							 6C, 6G, 6H and 6K for restraining traps as defined in subdivision (i) of this
							 section.
(4) No person shall place a trap in a
				  permanent body of water such as a river, stream, pond, lake, swamp or marsh, or
				  below the high-tide mark if tidal waters are involved, except during open
				  seasons for mink, muskrat, otter or beaver.
(5) No person shall set or use on land a body
				  - gripping type trap with a dimension of more than 7 1/2 inches. Body-gripping
				  traps with a dimension of more than 7 1/2 inches may be set in the water during
				  the open season for beaver or otter. No body-gripping trap may be set in such a
				  manner that the animal, when caught, would be suspended. No person shall use
				  traps of the body- gripping type that have teeth in the jaws.
(6) It is unlawful for any person to disturb
				  a beaver den or house (an aggregate of sticks and mud, either free-standing in
				  water or connected to a bank) at any time. This restriction does not apply to
				  holes in a bank without a den or house. It is unlawful for any person to trap
				  on or within 15 feet of a beaver dam, den or house, measured at ice or water
				  level, except under the following conditions:
(i) During an open otter season, traps of any
				  legal size may be set on or within 15 feet of a beaver dam, but not on or
				  within 15 feet of a beaver den or house.
(ii) During an open or closed otter season,
				  any of the following traps may be set on or within 15 feet of a beaver dam,
				  den, or house :
(a) body-gripping trap that
				  measures less than 5.5 inches;
(b)
				  foot encapsulating trap, as defined in subdivision (i) of this
				  section;
(c) leg-gripping trap (or
				  "foothold trap") that measures 4.75 inches or less;
(d) cage or box trap, as defined in
				  subdivision (i) of this section.
(7) No person shall trap beaver or otter on
				  any State wildlife refuge.
(8) No
				  person shall take, possess or remove from any trap any trapped wildlife or
				  willfully disturb, destroy, take or possess any trap without the permission of
				  the owner of such trap.
(9) No
				  person shall disturb a muskrat house, den or other structure constructed by a
				  muskrat in which it can take shelter.
(10) No person shall place a trap within five
				  feet of a muskrat house, to be ascertained at the water (ice) level.
(11) Trigger specifications for body gripping
				  traps in the Southern Zone. In the Southern Zone, no person shall use or set a
				  body gripping trap with a dimension of more than 81/2 inches in any wildlife
				  management unit where the river otter trapping season is closed, unless the
				  trap has only one triggering device and such device is a ''two- way/parallel
				  trigger'' possessing all of the following design features:
(i) the sides of the trigger notch are
				  perpendicular to the side of the frame to which the trigger is
				  attached;
(ii) the trigger only
				  moves along an axis at right angles to the side of the frame to which the
				  trigger is attached;
(iii) the
				  trigger wires are joined together to form a fixed set of closely parallel or
				  twisted wires operating as a single vertical trigger assembly;
(iv) the trigger assembly is no longer than
				  61/2 inches, measured from the inside edge of the frame of the trap where the
				  trigger is attached to the end of the trigger wires; and
(v) the distance between the inside edge of
				  one side of the trap and the nearest trigger wire shall be no less than eight
				  inches.
(12) Measurement
				  of traps.
(i) Body-gripping traps shall be
				  measured in accordance with paragraph 11- 1101(6)(b) of the Environmental
				  Conservation Law. The measurement is the maximum distance between pairs of
				  contacting body gripping surfaces, measured from the inside of the gripping
				  surface. The method of measurement is illustrated in the diagrams shown in this
				  subparagraph. In each case, the arrows indicate the dimension that is to be
				  measured for the depicted type of trap. The addition of one or more bars to the
				  inside of the frame of a body-gripping trap does not alter the dimension to be
				  measured.
(a) Figure 1. Body-gripping trap
				  showing method of measurement.
Image
(b) Figure 2. Body-gripping trap showing
				  method of measurement.
Image
(c) Figure 3. Body-gripping trap showing
				  method of measurement.
Image
(ii) Leg-gripping traps (or
				  "foothold traps") shall be measured in accordance with subdivision 11-1101(6)
				  of the Environmental Conservation Law. The method of measurement is illustrated
				  in the diagrams shown in this subparagraph. In each case, the arrows indicate
				  the dimension that is to be measured for the depicted type of trap.
(a) Figure 4. Foothold trap showing method of
				  measurement.
Image
(b) Figure 5. Foothold trap showing method of
				  measurement.
Image
(13) Setting of
				  body-gripping traps on public lands near trails.
(i) For purposes of this section, a trail
				  means a designated, marked, and maintained path or way designed for non-
				  motorized recreational use.
(ii)
				  Body-gripping traps shall not be set on lands to which the public has lawful
				  access within 100 feet of a trail. This prohibition shall not apply to:
				  body-gripping traps set in water on such lands; or body-gripping traps set on
				  Department of Environmental Conservation Wildlife Management Areas.
(14) Setting of baited
				  body-gripping traps on land. No person shall set on land a body- gripping trap
				  that measures 51/2 inches or larger if the trap is baited with baits, lures, or
				  other attractants unless the trap is set in compliance with one of the
				  following options:
(i) set option 1: the trap
				  shall be placed a minimum of four feet above the ground level; or
(ii) set option 2: the trap complies with all
				  of the following design features and set requirements:
(a) the trap shall be placed within an
				  enclosure constructed of wood, metal, wire, plastic, or natural materials;
				  and
(b) no entrance of the
				  enclosure shall measure more than six inches vertically; and
(c) the enclosure shall be equipped with
				  slots in which the trap springs rest. The slots shall be a minimum of eight
				  inches in length; and
(d) the trap
				  shall be recessed in the slots so that no part of the trap is less than four
				  inches from the opening of the enclosure;
(iii) set option 3: the trap complies with
				  all of the following design features and set requirements:
(a) the trap shall be placed within an
				  enclosure constructed of natural materials; and
(b) no entrance of the enclosure shall
				  measure more than six inches vertically; and
(c) the trap shall be recessed so that no
				  part of the trap is less than eight inches from the entrance of the enclosure;
				  or
(iv) set option 4:
				  the trap complies with all of the following design features and set
				  requirements:
(a) the trap shall be placed
				  within an enclosure constructed of wood, metal, wire, plastic, or natural
				  materials; and
(b) no entrance of
				  the enclosure shall measure more than 10 inches vertically or horizontally;
				  and
(c) the trap shall be recessed
				  so that no part of the trap is less than 18 inches from the entrance of the
				  enclosure; or
(v) set
				  option 5: the trap complies with all of the following design features and set
				  requirements:
(a) the trap shall be placed
				  within an enclosure constructed of wood, metal, wire, plastic, or natural
				  materials; and
(b) the enclosure
				  shall have no more than one entrance; and
(c) the enclosure shall be securely fastened
				  in a vertical position to a tree or post; and
(d) the enclosure shall be positioned so that
				  the entrance of the enclosure faces the ground and is no more than six inches
				  above the ground; and
(e) the trap
				  shall be recessed so that no part of the trap is less than four inches from the
				  entrance of the enclosure.
(15) Setting of unbaited body-gripping traps
				  on land. The following restrictions shall apply to any body-gripping trap set
				  on land without the use of baits, lures, or other attractants:
(i) No person shall set on land a
				  body-gripping trap that measures more than six inches.
(ii) No person shall set on land a
				  body-gripping trap that measures 51/2 inches to 6 unless it is set so that no
				  part of the body-gripping surface of the trap is eight inches or more above the
				  ground.
(16) In the
				  northern zone (Wildlife Management Units 5A, 5C, 5F, 5G, 5H, 5J, 6A, 6C, 6F,
				  6G, 6H, 6J, 6K and 6N) body-gripping traps set on land may not be set with bait
				  or lure during a closed season for fisher and/or marten. Refer to paragraphs
				  6.2(a)(4) and (5) for descriptions of fisher and pine marten seasons,
				  respectively.
(17) Use of
				  carcasses. Any carcass, as defined in subdivision (i) of this section, used as
				  bait and placed or used in conjunction with a leg-gripping trap (foothold trap)
				  shall be completely covered at the time the trap is set or visited. Coverings
				  shall include but not be limited to brush; branches; leaves; soil; snow; water;
				  or enclosures constructed of wood, metal, wire, plastic or natural materials;
				  and must completely cover the carcass so that it is not visible from directly
				  above.