Title ENV, Environmental Conservation

§ 1-0101. Declaration of policy.\n 1. The quality of our environment is fundamental to our concern for\nthe quality of life. It is hereby declared to be the policy of the State\nof New York to conserve, improve and protect its natural resources and\nenvironment and to prevent, ab…

§ 1-0301. Short title.\n This chapter shall be known as the "Environmental Conservation Law,"\nand may be cited as "ECL."\n

§ 1-0303. General definitions.\n Whenever used in this chapter, unless a different meaning clearly\nappears from the context or unless a different meaning is stated in a\ndefinition applicable to only a portion of this chapter:\n 1. "Air pollution emergency" means a combination o…

§ 11-0101. Short title.\n Article 11 together with article 13 of the Environmental Conservation\nLaw shall be known as the Fish and Wildlife Law. Sections of article 11\nor of article 13 may be cited either as sections of the Environmental\nConservation Law or as sections of the …

§ 11-0103. Definitions.\n As used in the Fish and Wildlife Law:\n 1. a. "Fish" means all varieties of the super-class Pisces.\n b. "Food fish" means all species of edible fish and squid\n(cephalopoda).\n c. "Migratory fish of the sea" means both catadromous and anadromous\nspecie…

§ 11-0105. State ownership and control.\n The State of New York owns all fish, game, wildlife, shellfish,\ncrustacea and protected insects in the state, except those legally\nacquired and held in private ownership. Any person who kills, takes or\npossesses such fish, game, wildli…

§ 11-0107. Application of Fish and Wildlife Law.\n 1. No person shall, at any time of the year, pursue, take, wound or\nkill in any manner, number or quantity, any fish protected by law, game,\nprotected wildlife, shellfish, harbor seals, crustacea protected by law,\nor protected…

§ 11-0109. Standard Time of the state.\n Provisions of the Fish and Wildlife Law, or regulations of the\ndepartment pursuant thereto, stating the periods of the day during which\nfish, game or wildlife may be taken shall be construed as referring to\nthe Standard Time of the stat…

§ 11-0110. Interference with lawful taking of wildlife prohibited.\n 1. As used in this section "wildlife" means wild game and all other\nanimal life existing in a wild state, including fish, shellfish and\ncrustacea, and "process of taking", in addition to any act described in\n…

§ 11-0111. Limitation of powers of boards of supervisors and county\n legislative bodies.\n Boards of supervisors of counties and county legislative bodies shall\nnot, except as expressly provided in the Fish and Wildlife Law, exercise\npowers (other than powers to appropriate mo…

§ 11-0113. Manner of reference to and amendment of provisions contained\n in tables.\n 1. Any portion of any table contained in a section of the Fish and\nWildlife Law, which portion is capable of identification by reference as\nprovided in this section or otherwise may be quoted…

§ 11-0303. Management of fish and wildlife resources; general purposes\n and policies governing manner of exercise of powers.\n 1. The general purpose of powers affecting fish and wildlife, granted\nto the department by the Fish and Wildlife Law, is to vest in the\ndepartment, to…

§ 11-0305. General powers and duties of the department.\n In addition to the powers and duties provided in other sections of the\nFish and Wildlife Law, the department shall have the following powers\nand duties:\n 1. To sell or furnish trees, shrubs and other plants to owners or…

§ 11-0306. The Hudson River estuary management program.\n 1. There is established a Hudson River estuarine district which shall\ninclude the tidal waters of the Hudson River, including the tidal waters\nof its tributaries and wetlands from the federal lock and dam at Troy to\nthe…

§ 11-0306-a. The Flax Pond tidal wetlands sanctuary.\n 1. There is established a Flax Pond tidal wetlands sanctuary for the\npurpose of protecting areas of special ecological significance within\nthe Flax Pond tidal marsh. The sanctuary shall be composed of the tidal\nwetlands lo…

§ 11-0307. Migratory game birds; regulation.\n * 1. The department may adopt rules and regulations in relation to\nmigratory game birds, provided such regulations are no less restrictive\nthan federal regulations made under authority of the Migratory Bird\nTreaty Act of July 3, 1…

§ 11-0308. Sale of small lead fishing sinkers prohibited.\n 1. No person shall sell at retail or offer for retail sale lead\nfishing sinkers weighing one-half ounce or less. Each day of sale or\noffering for sale shall constitute a separate violation of this section.\n 2. For the…

§ 11-0309. Extension of open seasons after emergency closing.\n Whenever open seasons for hunting, fishing or trapping have been\ncurtailed by a proclamation of the Governor pursuant to section 9-1101\nof this chapter closing forests and woodlands, or open lands or waters\nto the…

§ 11-0311. Additional or other protection.\n 1. The department shall have power to give to any wildlife or fish,\nother than migratory fish of the sea, protection or additional\nprotection to that afforded by this article, if ten or more citizens\nfile with the department a petit…

§ 11-0313. Waters closed to taking of fish.\n The department shall have power by regulation to close any waters of\nthe state to the taking of fish whenever an environmental investigation\nit causes to be made reveals that fish life in such waters is in\nimminent danger of undue …

§ 11-0315. Hudson River shad fishery.\n The department is authorized in its discretion to adopt regulations\nestablishing restrictions as to numbers and lengths and types of nets\nand other gear, compulsory lift periods, licenses, closed season,\nprotected waters or other like me…

§ 11-0317. Seasons and limits for taking fish in certain border waters.\n 1. After consultation with the appropriate agencies of the neighboring\nstates or provinces mentioned in this section, the department shall have\npower to adopt regulations establishing open seasons, minimu…

§ 11-0319. Seasons, limits and manner of taking fish in waters of New\n York City water supply open to public.\n Notwithstanding any other provision of this article and subject to the\napproval of the New York City Department of Environmental Protection,\nthe department shall hav…

§ 11-0321. "Restricted areas"; additional enforcement on private\n premises.\n 1. Without limitation of the purpose and policy described in section\n11-0303, or of the powers conferred in other sections, the department is\nauthorized:\n a. to adopt by regulation, classifications …

§ 11-0323. Publication of Fish and Wildlife Law.\n 1. The department shall compile and index each year after the\nadjournment of the legislature the laws relating to fish and wildlife,\nas well as invasive species (as defined in section 9-1703 and 9-1710 of\nthis chapter), as ame…

§ 11-0325. Control of dangerous diseases.\n 1. Whenever it is jointly determined by the Department of\nEnvironmental Conservation and the Department of Health or the\nDepartment of Agriculture and Markets, and certification is made to the\nCommissioner of Environmental Conservati…

§ 11-0327. Conservation fund advisory board.\n 1. Creation of conservation fund advisory board. (a) The conservation\nfund advisory council is hereby continued and reestablished in the\ndepartment to be the conservation fund advisory board, which shall make\nrecommendations to st…

§ 11-0329. Outdoor recreation and trail maintenance; regulation.\n 1. The department shall, by rule and regulation, establish the means\nor method for the creation of voluntary outdoor recreation and trail\nmaintenance pins and patches, their administration, sale and\ndistributio…

§ 11-0501. Fish and wildlife management practices cooperative program.\n 1. Purpose.\n The cooperative program provided in this section is authorized for the\npurpose of obtaining on the privately owned or leased lands and waters\nof the state practices of fish and wildlife manag…

§ 11-0503. Polluting streams prohibited.\n 1. No dyestuffs, coal tar, refuse from a gas house, cheese factory,\ncreamery, condensary or canning factory, sawdust, shavings, tan bark,\nlime, acid, oil or other deleterious or poisonous substance shall be\nthrown or allowed to run in…

§ 11-0505. Interference with fish and wildlife.\n 1. a. Except as permitted by the department, no person shall obstruct\nthe passage of fish in any stream or river by a screen or otherwise. The\ndepartment may order such obstruction removed by the person erecting the\nsame or by …

§ 11-0507. Liberation of fish, shellfish and wildlife.\n 1. Fish or fish eggs shall not be placed in any waters of the state\nunless a permit is first obtained from the department; but no permit\nshall be required to place fish or fish eggs in an aquarium.\n 2. No person shall li…

§ 11-0509. Water chestnut.\n No person shall plant, transport, transplant or traffic in plants of\nthe water chestnut or the seeds or nuts thereof nor in any manner cause\nthe spread or growth of such plants.\n

§ 11-0511. Possession and transportation of wildlife.\n Subject to the provisions of section 11-0512 of this article, no\nperson shall, except under a license or permit first obtained from the\ndepartment containing the prominent warning notice specified in\nsubdivision nine of s…

§ 11-0512. Possession, sale, barter, transfer, exchange and import of\n wild animals as pets prohibited.\n 1. It shall be prohibited for any person to:\n a. knowingly possess, harbor, sell, barter, transfer, exchange or\nimport any wild animal for use as a pet in New York state, …

§ 11-0513. Pigeons.\n 1. No person shall at any time, by any means or in any manner capture,\nkill or attempt to capture or kill any Antwerp or homing pigeon, wearing\na ring or seamless leg band with its registered number stamped thereon;\nnor shall any person remove such mark. …

§ 11-0514. Eurasian boars prohibited.\n 1. For purposes of this section, "Eurasian boar" shall mean any\nsubspecies, breed, or hybrid of swine recognized as Eurasian boar,\nRussian boar, wild boar, wild hog, razorback, or feral swine. "Eurasian\nboar" shall not include domestic p…

§ 11-0515. Licenses to collect, possess or sell for propagation,\n scientific or exhibition purposes.\n 1. The department may issue to any person a license revocable at its\npleasure to collect or possess fish, wildlife, shellfish, crustacea, or\naquatic insects, birds' nests or …

§ 11-0517. Taking for propagation and stocking; fish hindering\n propagation of food fish or shellfish.\n 1. The department may take, or it may permit any person to take\nwildlife for propagation or stocking purposes, or fish or shellfish for\npropagation purposes.\n 2. It may al…

§ 11-0519. Disposition of fish, wildlife, game, shellfish, crustacea or\n protected insects seized by or surrendered to enforcement\n officers.\n 1. When any fish, game, wildlife, shellfish, crustacea or part\nthereof, or any protected insect, or any bird plumage, is\n a. seized …

§ 11-0521. Destructive wildlife; taking pursuant to permit.\n 1. The department may direct any environmental conservation officer,\nor issue a permit to any person, to take any wildlife at any time\nwhenever it becomes a nuisance, destructive to public or private\nproperty or a t…

* § 11-0522. Urban deer management pilot program.\n 1. For the purposes of this section, " nuisance wildlife specialist"\nshall mean an employee of or a contractor for the federal or state\ngovernment responsible for wildlife management acting pursuant to a deer\nmanagement plan …

* § 11-0522-a. Long Island deer management pilot program.\n 1. For the purposes of this section, " nuisance wildlife specialist"\nshall mean an employee of or a contractor for the federal or state\ngovernment responsible for wildlife management acting pursuant to a deer\nmanageme…

§ 11-0523. Destructive or menacing wildlife; taking without permit.\n 1. Owners and lessees and members of their immediate families actually\noccupying or cultivating lands, and persons authorized in writing and\nactually employed by them in cultivating such lands, may take (a)\n…

§ 11-0524. Nuisance wildlife control operators.\n 1. No person shall charge a fee to take, possess, transport or release\nwildlife whenever it becomes a nuisance pursuant to section 11-0505,\n11-0507, 11-0521, or 11-0523 of this title unless such person has been\nissued a nuisanc…

§ 11-0525. Control of rabies in wildlife.\n 1. Whenever the disease rabies occurs in any area of the state and the\ninfection of wild foxes or other wildlife populations is certified to\nexist therein by the joint determination of the Departments of Health,\nAgriculture and Marke…

§ 11-0527. State aid to counties participating in control of rabies in\n wildlife.\n 1. The board of supervisors or county legislative body of any county\nmay appropriate moneys for the purpose of controlling the disease rabies\nin wildlife.\n 2. Any county situated in an area wh…

§ 11-0529. Cats hunting birds; dogs pursuing deer or killing other\n wildlife in certain areas.\n 1. Any person over the age of twenty-one years possessing a hunting\nlicense may, and environmental conservation officers and peace officers,\nacting pursuant to their special duties…

§ 11-0531. Bounties prohibited.\n Notwithstanding any other provision of this chapter, or any other law,\nrule or regulation to the contrary, it shall be unlawful for any\ndepartment or division of this state, or any political subdivision\nthereof to pay bounties on the taking of…

§ 11-0533. Licensing of guides.\n 1. As used in this section, the term "guide" shall mean a person who\noffers services for hire part or all of which includes directing,\ninstructing, or aiding another in fishing, hunting, camping, hiking,\nwhite water canoeing, rafting or rock a…