Title ENV, Environmental Conservation

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

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

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

§ 11-0101. Short title. Article 11 together with article 13 of the Environmental Conservation Law shall be known as the Fish and Wildlife Law. Sections of article 11 or of article 13 may be cited either as sections of the Environmental Conservation Law or as sections of the Fish …

§ 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. The State of New York owns all fish, game, wildlife, shellfish, crustacea and protected insects in the state, except those legally acquired and held in private ownership. Any person who kills, takes or possesses such fish, game, wildlife, s…

§ 11-0107. Application of Fish and Wildlife Law. 1. No person shall, at any time of the year, pursue, take, wound or kill in any manner, number or quantity, any fish protected by law, game, protected wildlife, shellfish, harbor seals, crustacea protected by law, or protected inse…

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

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

§ 11-0111. Limitation of powers of boards of supervisors and county legislative bodies. Boards of supervisors of counties and county legislative bodies shall not, except as expressly provided in the Fish and Wildlife Law, exercise powers (other than powers to appropriate money), …

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

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

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

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

§ 11-0306-a. The Flax Pond tidal wetlands sanctuary. 1. There is established a Flax Pond tidal wetlands sanctuary for the purpose of protecting areas of special ecological significance within the Flax Pond tidal marsh. The sanctuary shall be composed of the tidal wetlands located…

§ 11-0307. Migratory game birds; regulation. * 1. The department may adopt rules and regulations in relation to migratory game birds, provided such regulations are no less restrictive than federal regulations made under authority of the Migratory Bird Treaty Act of July 3, 1918, …

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

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

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

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

§ 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. 1. After consultation with the appropriate agencies of the neighboring states or provinces mentioned in this section, the department shall have power to adopt regulations establishing open seasons, minimum si…

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

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

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

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

§ 11-0327. Conservation fund advisory board. 1. Creation of conservation fund advisory board. (a) The conservation fund advisory council is hereby continued and reestablished in the department to be the conservation fund advisory board, which shall make recommendations to state a…

§ 11-0329. Outdoor recreation and trail maintenance; regulation. 1. The department shall, by rule and regulation, establish the means or method for the creation of voluntary outdoor recreation and trail maintenance pins and patches, their administration, sale and distribution, th…

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

§ 11-0503. Polluting streams prohibited. 1. No dyestuffs, coal tar, refuse from a gas house, cheese factory, creamery, condensary or canning factory, sawdust, shavings, tan bark, lime, acid, oil or other deleterious or poisonous substance shall be thrown or allowed to run into an…

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

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

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

§ 11-0511. Possession and transportation of wildlife. Subject to the provisions of section 11-0512 of this article, no person shall, except under a license or permit first obtained from the department containing the prominent warning notice specified in subdivision nine of sectio…

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

§ 11-0513. Pigeons. 1. No person shall at any time, by any means or in any manner capture, kill or attempt to capture or kill any Antwerp or homing pigeon, wearing a ring or seamless leg band with its registered number stamped thereon; nor shall any person remove such mark. No pe…

§ 11-0514. Eurasian boars prohibited. 1. For purposes of this section, "Eurasian boar" shall mean any subspecies, breed, or hybrid of swine recognized as Eurasian boar, Russian boar, wild boar, wild hog, razorback, or feral swine. "Eurasian boar" shall not include domestic pigs (…

§ 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 propagation of food fish or shellfish. 1. The department may take, or it may permit any person to take wildlife for propagation or stocking purposes, or fish or shellfish for propagation purposes. 2. It may also remov…

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

§ 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. 1. For the purposes of this section, " nuisance wildlife specialist" shall mean an employee of or a contractor for the federal or state government responsible for wildlife management acting pursuant to a deer management plan and d…

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

§ 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. 1. No person shall charge a fee to take, possess, transport or release wildlife whenever it becomes a nuisance pursuant to section 11-0505, 11-0507, 11-0521, or 11-0523 of this title unless such person has been issued a nuisance wil…

§ 11-0525. Control of rabies in wildlife. 1. Whenever the disease rabies occurs in any area of the state and the infection of wild foxes or other wildlife populations is certified to exist therein by the joint determination of the Departments of Health, Agriculture and Markets an…

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

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

§ 11-0531. Bounties prohibited. Notwithstanding any other provision of this chapter, or any other law, rule or regulation to the contrary, it shall be unlawful for any department or division of this state, or any political subdivision thereof to pay bounties on the taking of wild…

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