Title ENV, Environmental Conservation

§ 11-1109. Registered muskrat marshes.\n 1. Applicability. A registered muskrat marsh is an enclosed marsh\nwhich was registered with the department prior to September 1 of the\nyear previous to the year in which a privilege granted or a rule\nprovided by this section is invoked …

§ 11-1201. Definitions.\n For the purposes of this title:\n 1. "Hunting" means shooting or killing wildlife, including shooting or\nkilling wildlife lawfully trapped or otherwise reduced to possession, or\npursuing or capturing wildlife with any weapon, projectile, or other\ndevi…

§ 11-1203. Hunting while intoxicated prohibited.\n 1. No person shall engage in hunting while he is in an intoxicated\ncondition.\n 2. No person shall engage in hunting while his ability to engage in\nsuch hunting without creating unreasonable risk of injury or death to\nhimself …

§ 11-1205. Enforcement.\n 1. Police officers and officers named in subdivision one of section\n71-0907 of this chapter shall have power to enforce the provisions of\nthis title and to take actions, make arrests, and conduct tests\nthereunder in pursuance of such enforcement.\n 2.…

§ 11-1207. Evidence admitted in court.\n Upon the trial of any action or proceeding arising out of conduct\nalleged to have been committed by any person arrested for a violation of\nany subdivision of section 11-1203 of this title, the court shall admit\nevidence of the amount of…

§ 11-1209. Penalties.\n 1. Whoever shall hunt while his ability is impaired by the consumption\nof alcohol shall be guilty of a violation of law.\n 2. Whoever shall hunt while in an intoxicated condition or while his\nability to hunt is impaired by the use of a drug shall be guil…

§ 11-1211. Savings clause.\n If any word, clause, sentence, paragraph, section, or other part of\nthis title is adjudged by any court of competent jurisdiction to be\ninvalid, such judgment shall not affect, impair, or invalidate the\nremainder of this title, but shall be confine…

§ 11-1301. General provisions.\n 1. Except as specifically provided in this article or in article 13,\nor any regulation adopted pursuant thereto:\n a. No fish, other than migratory food fish of the sea in the marine\nand coastal district, shall be taken except by angling.\n b. F…

§ 11-1303. Open seasons, size and catch limits and manner of taking fish\n fixed by regulation.\n Notwithstanding any other provision of this chapter, the department\nmay, until December thirty-first, two thousand twenty-eight, fix by\nregulation open seasons, size and catch limi…

§ 11-1305. Size and catch limits.\n The department may promulgate regulations restricting possession on\nthe waters of the state, except the marine and coastal district, of\nfish, except bait fish named in section 11-1315 of this title, that have\nbeen cleaned, filleted or skinne…

§ 11-1307. Fishing promotion program.\n The commissioner shall develop and implement a fishing promotion\nprogram. The commissioner shall, in conjunction with the commissioner of\neconomic development and the commissioner of parks, recreation and\nhistoric preservation, develop a…

§ 11-1311. Fishing in waters impounded by dams constructed for power\n purposes.\n The waters impounded by any dam hereafter constructed for power\npurposes on any stream or waterway in the state, and impressed with a\npublic interest pursuant to section 15-1713 of this chapter, …

§ 11-1315. Taking and sale of bait fish.\n 1. a. Except as provided in subdivision 2, no person, without first\nobtaining the appropriate license from the department, shall take for\nsale as bait, nor sell as bait the following fish: minnows (family\nCyprinidae), except carp or g…

§ 11-1316. Use of fish as bait.\n 1. The department may, by regulation designating the waters in which\nsuch use is not permitted, prohibit the use of minnows or other species\nof fish as bait in the lakes or ponds and tributaries thereto in which:\n a. trout are the predominant …

§ 11-1317. Fish-bait; protection of aquatic insects.\n 1. No aquatic insect nor any insect that lives in the water during any\nof its life stages shall be taken from waters inhabited by trout nor\nfrom the banks thereof at any time.\n 2. No person shall take from the waters of th…

§ 11-1319. Possession, transportation and sale of fish.\n 1. Application.\n a. This section governs possession, transportation and sale of all\nfish taken in waters of the state, including the marine and coastal\ndistrict except (1) trout and black bass raised under permit from t…

§ 11-1321. Other prohibited acts.\n 1. No person shall take fish (a) by use of explosives or (b) by\nshutting or drawing off water.\n 2. Explosives shall not be used or possessed in or on the waters of\nthe state or shores or islands thereof except for mining or mechanical\npurpo…

§ 11-1501. Application of title.\n 1. This title 15 of the Fish and Wildlife Law and regulations adopted\npursuant hereto do not apply to (a) the taking of fish by angling as\npermitted in title 13; (b) the taking of fish or the use of nets in the\nmarine and coastal district as …

§ 11-1503. Nets; license required; power of department.\n The department may regulate the use of nets and other devices commonly\nused to take fish. No person shall use a net or device to take fish\nwithout first obtaining a license to do so. Gill nets shall not be\noperated in L…

§ 11-1505. Open seasons, size and catch limits and manner of taking and\n possession of fish; regulations.\n The department may fix by regulation the manner of taking fish with\nnets and other devices including but not limited to open seasons, size\nand catch limits and manner of…

§ 11-1519. Vessels to carry employees of department.\n Any person operating a boat used in taking fish shall permit\nconservation officers or other employees of the department to board it\nand inspect its contents and shall carry such persons for the purpose of\ninspecting nets o…

§ 11-1521. Management of striped bass in the Hudson River.\n Notwithstanding any provision of law to the contrary:\n 1. Striped bass (Morone saxatilis) less than eighteen inches in total\nlength may not be taken, possessed, bought, sold or offered for sale.\n 2. Striped bass shal…

§ 11-1701. Application of sections 11-1703, 11-1705 and 11-1707.\n 1. Sections 11-1703, 11-1705 and 11-1707 apply to fish, wildlife and\ngame lawfully taken outside the state and lawfully transported from the\nplace of taking, except trout raised in a private hatchery, domestic\n…

§ 11-1703. Importation, possession and sale of fish without license or\n permit; prohibitions.\n 1. Except as provided in subdivision 3 and subdivision 4; (a) all\nspecies of fish taken outside the state, except trout, black bass,\nmuskellunge and landlocked salmon other than Atl…

§ 11-1705. Importation, possession and sale of wildlife and game other\n than domestic and foreign game.\n 1. Frogs taken outside the state may be imported and transported by\nany means and in any number, possessed, bought and sold during the open\nseason. During the closed seaso…

§ 11-1707. Importation and possession of non-saleable fish, game and\n wildlife and saleable fish, game and wildlife imported\n during the closed season.\n 1. a. Carcasses or parts thereof, of trout, black bass, muskellunge\nand landlocked salmon, other than Atlantic salmon, and …

§ 11-1709. Importation and transportation of certain fish or fish eggs.\n Notwithstanding any other provision of the Fish and Wildlife Law the\ndepartment may establish by order regulations governing the importation\nfrom without the state or transportation within the state of an…

§ 11-1717. Foreign game.\n 1. Foreign game means pheasants of all species, Scotch grouse,\nNorwegian ptarmigan, Norwegian white grouse, European black game,\nEuropean black plover, European gray-legged partridge, European\nred-legged partridge, Egyptian quail, tinamou and species…

§ 11-1721. Identification of carcasses and parts thereof.\n 1. The provisions of this section apply to carcasses and parts thereof\nof\n a. domestic game killed on the premises of the holder of a domestic\ngame bird breeder's license pursuant to section 11-1901 of this article,\n…

§ 11-1723. Sale of game and trout; transportation within the state.\n 1. a. Except as provided in paragraph b, game and trout required by\nsection 11-1721 of this title to be identified, may be possessed, bought\nand sold, and subject to section 11-1725 of this title may be\ntran…

§ 11-1725. Shipment by carriers.\n 1. Carriers may receive, and may transport, within and from within to\nwithout the state, carcasses and parts thereof of game, described in\nsubdivision 1 of section 11-1721 and identified as provided in that\nsection, when they are also labeled…

§ 11-1727. Hatchery trout and domestic or imported foreign game in\n sealed containers.\n Trout raised in a private hatchery under permit from the department or\noutside the state under certificate pursuant to section 11-1715, and\ncarcasses or parts thereof of processed imported…

§ 11-1728. Sale of live wild birds.\n Except as permitted by rule and regulation of the department, no\nperson shall sell live wild birds, as defined in paragraph b of\nsubdivision six of section 11-0103 of this chapter, unless such birds\nwere born and raised in captivity.\n

§ 11-1733. Taxidermy.\n Persons engaged for hire in the business of preparing, stuffing or\nmounting of skins of fish or wildlife shall keep in their place of\nbusiness a true and complete record, in such form as is required by the\ncommissioner showing the name or description of…

§ 11-1901. Breeding of domestic game birds.\n 1. The department may, in its discretion, issue to an owner or lessee\nof wholly enclosed lands, or an entire island, a domestic game bird\nbreeder's license permitting him to possess and propagate such species\nof domestic game birds…

§ 11-1903. Shooting preserves.\n 1. The department may, in its discretion, issue to an owner or lessee\nof wholly enclosed lands or an entire island a shooting preserve license\npermitting him or her to purchase, possess, rear and transport, and to\nrelease and take by shooting t…

§ 11-1904. Canned shoots prohibited.\n 1. No person who owns, operates or manages a facility that harbors\nnon-native big game mammals shall knowingly permit:\n a. The taking on such premises by any person who pays a fee to take a\nlive non-native big game mammal by any of the fo…

§ 11-1905. Breeding of domestic game animals.\n 1. The department may, in its discretion, issue to an owner or lessee\nof wholly enclosed lands or an entire island a domestic game animal\nbreeder's license permitting him to possess and propagate domestic game\nanimals provided su…

§ 11-1906. On-line shoots prohibited.\n 1. No person, firm, corporation, partnership, limited liability\ncompany, association or other business entity shall:\n a. own or operate a shooting range or gallery located in this state\nfor purposes of the on-line shooting or spearing of…

§ 11-1907. Propagation of fur-bearing animals.\n 1. Beaver, bobcat, coyote, raccoon, sable or marten, skunk, otter,\nfisher, nutria and muskrat may be propagated, or kept alive in\ncaptivity, provided a license shall first be obtained from the\ndepartment. The fee for the license…

§ 11-1909. Private trout and black bass hatcheries.\n 1. The department in its discretion may issue to any person a hatchery\npermit, valid during the calendar year of issue, to propagate, raise and\nsell trout. The department shall establish by order regulations\ngoverning the i…

§ 11-1911. Farm fish ponds.\n 1. "Farm fish pond" means a body of water, impounded by a dam, of not\nmore than ten acres of water surface when full, lying wholly within the\nboundaries of privately owned or leased lands. It does not include any\npond used in connection with any p…

§ 11-1913. Fishing preserves.\n 1. "Fishing preserve waters" means any artificial or man-made body of\nwater, without limitation of size, lying wholly within the boundaries of\nprivately owned lands, operated for the purpose of permitting the owner\nto provide fishing facilities …

§ 11-2001. New York state bird conservation area program.\n 1. There shall be created a New York state bird conservation area\nprogram which shall consist of such state-owned waters, lands, or\nportions thereof as are necessary to safeguard and enhance populations\nof wild birds …

§ 11-2003. Advisory committee.\n There shall be created within the department a New York state bird\nconservation area program advisory committee whose non-governmental\nmembers shall serve without pay, meet not less than twice each year, and\nwhose sole purpose shall be to advis…

§ 11-2050. Establishment of the marine mammal and sea turtle protection\n area.\n 1. There shall be created the marine mammal and sea turtle protection\narea consisting of the waters in the area from mean high water seaward\nfifteen hundred feet, except further seaward in shallow…

§ 11-2101. Powers of the department.\n 1. The department shall have power:\n a. to make regulations for the use of state-owned boat-launching sites\nand state-owned boat-access sites and public hunting, trapping and\nfishing grounds and to prohibit, limit and manage hunting, trap…

§ 11-2103. Acquisition and use of property.\n 1. The department shall have power to acquire by lease, purchase,\ngift, devise, agreement or otherwise from any sources, lands, waters or\nlands and waters, or any right or interest therein for the purpose of\nestablishing and mainta…

§ 11-2105. State game refuges.\n 1. Any enclosed land or water owned by the state may be set aside by\nthe department as a refuge for the protection of fish, wildlife, trees\nand plants. Not more than one hundred thousand acres in the Adirondack\npark nor more than fifteen thousa…

§ 11-2106. National Wildlife refuge system; regulations.\n The department shall adopt regulations in relation to fish and\nwildlife on lands of the national wildlife refuge system within this\nstate which regulations shall conform to the National Wildlife Refuge\nSystem Administr…