Title ENV, Environmental Conservation

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

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

§ 11-1203. Hunting while intoxicated prohibited. 1. No person shall engage in hunting while he is in an intoxicated condition. 2. No person shall engage in hunting while his ability to engage in such hunting without creating unreasonable risk of injury or death to himself or othe…

§ 11-1205. Enforcement. 1. Police officers and officers named in subdivision one of section 71-0907 of this chapter shall have power to enforce the provisions of this title and to take actions, make arrests, and conduct tests thereunder in pursuance of such enforcement. 2. Any pe…

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

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

§ 11-1211. Savings clause. If any word, clause, sentence, paragraph, section, or other part of this title is adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this title, but shall be confined in …

§ 11-1301. General provisions. 1. Except as specifically provided in this article or in article 13, or any regulation adopted pursuant thereto: a. No fish, other than migratory food fish of the sea in the marine and coastal district, shall be taken except by angling. b. Fish name…

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

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

§ 11-1307. Fishing promotion program. The commissioner shall develop and implement a fishing promotion program. The commissioner shall, in conjunction with the commissioner of economic development and the commissioner of parks, recreation and historic preservation, develop and im…

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

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

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

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

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

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

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

§ 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 possession of fish; regulations. The department may fix by regulation the manner of taking fish with nets and other devices including but not limited to open seasons, size and catch limits and manner of posse…

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

§ 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. 1. Sections 11-1703, 11-1705 and 11-1707 apply to fish, wildlife and game lawfully taken outside the state and lawfully transported from the place of taking, except trout raised in a private hatchery, domestic game …

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

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

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

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

§ 11-1717. Foreign game. 1. Foreign game means pheasants of all species, Scotch grouse, Norwegian ptarmigan, Norwegian white grouse, European black game, European black plover, European gray-legged partridge, European red-legged partridge, Egyptian quail, tinamou and species or s…

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

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

§ 11-1725. Shipment by carriers. 1. Carriers may receive, and may transport, within and from within to without the state, carcasses and parts thereof of game, described in subdivision 1 of section 11-1721 and identified as provided in that section, when they are also labeled as p…

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

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

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

§ 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, …

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

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

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

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

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

§ 11-1909. Private trout and black bass hatcheries. 1. The department in its discretion may issue to any person a hatchery permit, valid during the calendar year of issue, to propagate, raise and sell trout. The department shall establish by order regulations governing the identi…

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

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

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

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

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

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

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

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

§ 11-2106. National Wildlife refuge system; regulations. The department shall adopt regulations in relation to fish and wildlife on lands of the national wildlife refuge system within this state which regulations shall conform to the National Wildlife Refuge System Administration…