§ 11-0103 — Definitions

New York § 11-0103

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 1: Short Title; Definitions; General Provisions
• Art. 11: Fish and Wildlife

Text

§ 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\nspecies of fish which live a part of their life span in salt water\nstreams and oceans.\n d. "Fish protected by law" means fish protected, by law or by\nregulations of the department, by restrictions on open seasons or on\nsize of fish that may be taken.\n e. Unless otherwise indicated, "Trout" includes brook trout, brown\ntrout, red-throat trout, rainbow trout and splake. "Trout", "landlocked\nsalmon", "black bass", "pickerel", "pike", and "walleye" mean\nrespectively, the fish or groups of fish identified by those names, with\nor without one or more other common names of fish belonging to the\ngroup. "Pacific salmon" means coho salmon, chinook salmon and pink\nsalmon.\n * f. "Speargun" and "under-water gun" means any speargun that stores\npotential energy provided from the spearfisher's muscles only and is\nused while submerged under the water. Such gun may only release that\namount of energy that the diver has provided to it from such diver's own\nmuscles. Common temporary energy storing devices for spearguns shall\ninclude, but not be limited to: rubber bands, springs, and sealed air\nchambers.\n * NB Repealed June 1, 2026\n 2. "Game" is classified as (a) game birds; (b) big game; (c) small\ngame.\n a. "Game birds" are classified as (1) migratory game birds and (2)\nupland game birds.\n (1) "Migratory game birds" means the Anatidae or waterfowl, commonly\nknown as geese, brant, swans and river and sea ducks; the Rallidae,\ncommonly known as rails, American coots, mud hens and gallinules; the\nLimicolae or shorebirds, commonly known as woodcock, snipe, plover,\nsurfbirds, sandpipers, tattlers and curlews; the Corvidae, commonly\nknown as jays, crows and magpies.\n (2) "Upland game birds" (Gallinae) means wild turkeys, grouse,\npheasant, Hungarian or European gray-legged partridge and quail. Grouse\nmeans ruffed grouse and every member of the grouse family. Pheasant\nmeans the ring-necked, dark-necked and mutant pheasants and all species\nand subspecies of the genus Phasianus representing the true or game\npheasants.\n b. "Big game" means deer, bear, moose, elk, except captive bred and\nraised North American elk (Cervus elaphus), caribou and antelope.\n c. "Small game" means black, gray and fox squirrels, European hares,\nvarying hares, cottontail rabbits, native frogs, native salamanders,\nnative turtles, native lizards, native snakes, coyotes, red fox (Vulpes\nvulpes) and gray fox (Urocyon cinereoargenteus) except captive bred red\nfox or gray fox, raccoon, opossum, or weasel, skunk, bobcat, lynx,\nmuskrat, mink, except mink born in captivity, fisher, otter, beaver,\nsable and marten but does not include coydogs.\n 3. "Wild game" means all game, except (a) domestic game bird and\ndomestic game animal as defined in subdivision 4; (b) carcasses of\nforeign game as defined in section 11-1717, imported from outside the\nUnited States; (c) game propagated or kept alive in captivity as\nprovided in section 11-1907 of this article; (d) game imported alive\npursuant to license of the department, or artificially propagated, until\nsuch game is liberated; and (e) game so imported or propagated when\nliberated for the purpose of a field trial and taken during the field\ntrial for which it was liberated.\n 4. a. "Domestic game bird" means ducks, geese, brant, swans,\npheasants, quail, wild turkey, ruffed grouse, Chukar partridge and\nHungarian or European gray-legged partridge, propagated under a domestic\ngame bird breeder's license pursuant to section 11-1901 or a shooting\npreserve license pursuant to section 11-1903, or propagated on a\npreserve or island outside the state under a law similar in principle to\ntitle 19 of this article.\n b. "Domestic game animal" means white-tailed deer propagated under a\ndomestic game animal breeder's license pursuant to section 11-1905 or\npropagated on a preserve or island outside the state under a law similar\nin principle to title 19 of this article.\n c. To qualify as such domestic game bird or domestic game animal, (1)\nlive game must be held in private ownership, on such licensed premises,\nand in the case of deer must be held on a preserve which is fenced, or\nis an island, as provided in section 11-1905, or must be held in\nconfinement in course of transportation, and (2) the carcasses or flesh\nof such game coming from outside the state must originate on premises\noperated by the holder of a domestic game certificate as provided in\nsection 11-1715.\n 5. a. "Unprotected wild birds" means the English sparrow and starling,\nand also includes pigeons and psittacine birds existing in a wild state,\nnot domesticated.\n b. "Protected birds" means all wild birds except those named in\nparagraph a of this subdivision.\n 6. a. "Wildlife" means wild game and all other animal life existing in\na wild state, except fish, shellfish and crustacea.\n b. "Wild bird" means birds which are "wildlife".\n c. "Protected wildlife" means wild game, protected wild birds,\nprotected insects, species of special concern and endangered and\nthreatened species of wildlife designated by the department pursuant to\nsection 11-0535 of this article, species listed in section 11-0536 of\nthis article and species protected pursuant to section 11-0311 of this\narticle.\n d. "Unprotected wildlife" means all wildlife which is not "protected\nwildlife".\n e. "Wild animal" shall not include "companion animal" as defined in\nsection three hundred fifty of the agriculture and markets law. Wild\nanimal includes, and is limited to, any or all of the following orders\nand families:\n (1) Nonhuman primates and prosimians,\n (2) Felidae and all hybrids thereof, with the exception of the species\nFelis catus (domesticated and feral cats, which shall mean domesticated\ncats that were formerly owned and that have been abandoned and that are\nno longer socialized, as well as offspring of such cats) and hybrids of\nFelis catus that are registered by the American Cat Fanciers Association\nor the International Cat Association provided that such cats be without\nany wild felid parentage for a minimum of five generations,\n (3) Canidae (with the exception of domesticated dogs and captive bred\nfennec foxes (vulpes zerda)),\n (4) Ursidae,\n (5) All reptiles that are venomous by nature, pursuant to department\nregulation, and the following species and orders: Burmese Python (Python\nm. bivittatus), Reticulated Python (Python reticulatus), African Rock\nPython (Python sabae), Green Anaconda (Eunectes maurinus), Yellow\nAnaconda (Eunectes notaeus), Australian Amethystine Python (Morelia\namethistina and Morelia kinghorni), Indian Python (Python molurus),\nAsiatic (water) Monitor (Varanus salvator), Nile Monitor (Varanus\nnilocitus), White Throat Monitor (Varanus albigularis), Black Throat\nMonitor (Varanus albigularis ionides) and Crocodile Monitor (Varanus\nsalvadori), Komodo Dragon (Varanus komodensis) and any hybrid thereof,\n (6) Crocodylia.\n 7. "Protected insect" means any insect with respect to the taking of\nwhich restrictions are imposed by the Fish and Wildlife Law or\nregulations of the department pursuant thereto.\n 8. "Plumage" is defined in section 11-1729.\n 9. "Shellfish" means oysters, scallops, and all kinds of clams and\nmussels.\n 10. "Hunting" means pursuing, shooting, killing or capturing (other\nthan trapping as defined in subdivision 11) wildlife, except wildlife\nwhich has been lawfully trapped or otherwise reduced to possession, and\nincludes all lesser acts such as disturbing, harrying or worrying,\nwhether they result in taking or not, and every attempt to take and\nevery act of assistance to any other person in taking or attempting to\ntake wildlife.\n 11. "Trapping" means taking, killing and capturing wildlife with\ntraps, deadfalls and other devices commonly used to take wildlife, and\nthe shooting or killing of wildlife lawfully trapped, and includes all\nlesser acts such as placing, setting or staking such traps, deadfalls\nand other devices whether they result in taking or not, and every\nattempt to take and every act of assistance to any other person in\ntaking or attempting to take wildlife with traps, deadfalls or other\ndevices.\n 12. a. "Fishing" means the taking, killing, netting, capturing or\nwithdrawal of fish from the waters of the state by any means, including\nevery attempt to take and every act of assistance to any other person in\ntaking or attempting to take fish.\n b. "Angling" means taking fish by hook and line. It includes bait and\nfly fishing, casting, trolling and also includes the use of landing nets\nin completing the catch of fish taken by hook and line. To constitute\n"angling" the taking must be in accordance with the following\nrequirements: (1) the operator must be present and in immediate\nattendance when lines are in the water;\n * (2) one person may operate not more than two lines, with or without\nrod, except that one person may operate up to three lines in freshwater;\n * NB Effective until December 31, 2027\n * (2) one person may operate not more than two lines, with or without\nrod;\n * NB Effective December 31, 2027\n(3) each line shall have not more than five lures or baits, or a\ncombination of both, and in addition each line shall have not exceeding\nfifteen single hooks, or seven double hooks, or five triple hooks, or\nany combination of such hooks, provided the total number of hook points\nthereof does not exceed fifteen. Angling does not include snatching or\nhooking or the use of tip-ups.\n c. "Hooking", "snatching" or "snagging" means taking fish that have\nnot taken or attempted to take a bait or artificial lure into their\nmouth, by impaling fish with one or more hooks or similar devices,\nwhether or not baited, into any part of their body.\n d. "Net" means a non-metallic fabric wrought or woven into meshes and\nincludes the types known as seine, gill, pound, trap, scap, fyke, dip,\nscoop and stake net.\n e. "Spear" means a hand-propelled single or multiple pronged pike,\nblade or harpoon, and does not include the mechanically propelled device\ncommonly called a spear gun or under-water gun.\n 13. "Taking" and "take" include pursuing, shooting, hunting, killing,\ncapturing, trapping, snaring and netting fish, wildlife, game,\nshellfish, crustacea and protected insects, and all lesser acts such as\ndisturbing, harrying or worrying, or placing, setting, drawing or using\nany net or other device commonly used to take any such animal. Whenever\nany provision of the Fish and Wildlife Law permits "taking", the taking\npermitted is a taking by lawful means and in a lawful manner.\n 14. "Baiting" means the placing, exposing, depositing, distributing or\nscattering of shelled, shucked, or unshucked corn, wheat or other grain,\nsalt or other feed in such a manner as to lure, attract, or entice\nupland game birds to any area where hunters are attempting to take them;\n"baited area" means any area where shelled, shucked, or unshucked corn,\nwheat or other grain, salt or other feed whatsoever capable of luring,\nattracting, or enticing such birds is placed, exposed, deposited,\ndistributed or scattered.\n 15. "Marine district" means the waters described in section 13-0103.\n 16. a. "Northern Zone" as used in the Fish and Wildlife Law or in any\nregulation of the department pursuant thereto means that part of the\nstate situated northerly of a line commencing at a point at the north\nshore of the Salmon river and its junction with Lake Ontario and\nextending easterly along the north shore of that river to the village of\nPulaski, thence southerly along Route 11 to its intersection with Route\n49 in the village of Central Square, thence easterly along Route 49 to\nits junction with Route 365 in the city of Rome, thence easterly along\nRoute 365 to its junction with Route 28 in the village of Trenton,\nthence easterly along Route 28 to its junction with Route 29 in the\nvillage of Middleville, thence easterly along Route 29 to its junction\nwith Route 4, thence northerly along Route 4 to its junction with Route\n22, thence northerly and westerly along Route 22 to the eastern shore of\nSouth Bay on Lake Champlain in the village of Whitehall, thence\nnortherly along the eastern shore of South Bay to the New York-Vermont\nboundary.\n b. "Southern Zone" as used in the Fish and Wildlife Law or in any\nregulation of the department pursuant thereto means that part of the\nstate not included in the "Northern Zone".\n 17. "Wilderness Hunting Areas" means the following areas:\n a. South branch of Moose river--West Canada creek area. Commencing at\na point in the village of Indian Lake at the intersection of Route 28\nwith Route 30, thence southerly along Route 30 to the village of\nSpeculator and its junction with Route 8, thence westerly along Route 8\nto its junction with Route 287, thence westerly along Route 287 to its\nintersection with the Herkimer county line, thence northerly along the\nHerkimer county line to its intersection with Route 28 near the village\nof McKeever, thence northerly and easterly along Route 28 to the point\nof beginning.\n b. Essex Chain Lakes area. Commencing with the village of Indian Lake\non Route 28, thence northwesterly on Route 28 to its junction with Route\n28-N at the village of Blue Mountain Lake, thence northerly along Route\n28-N to the village of Long Lake, thence easterly, and southerly along\nRoute 28-N to its junction with Route 28 in the village of North Creek,\nthence northwesterly along Route 28 to the point of beginning.\n c. Cold River area. Commencing at the village of Long Lake, thence\nnortherly along Route 30 to its junction with Route 3 in the village of\nTupper Lake, thence easterly along Route 3 to its intersection with\nRoute 86 in the village of Saranac Lake, thence easterly along Route 86\nto its junction with Route 73 in the village of Lake Placid, thence\neasterly and southerly along Route 73 to its junction with Route 9,\nthence southerly along Route 9 to the village of Schroon River and the\njunction of the Blue Ridge road, thence westerly along the Blue Ridge\nroad through the village of Blue Ridge to its junction with the Tahawus\nroad, thence southerly along the Tahawus road to its junction with Route\n28-N, thence westerly along Route 28-N to the point of beginning.\n d. Oswegatchie-Beaver river flow area and Independence river area.\nCommencing in the village of Blue Mountain Lake, thence westerly along\nRoute 28 through Old Forge to the intersection of Route 28 with the\nAdirondack state park boundary at the vicinity of White Lake, thence\nwesterly and northerly along the Adirondack state park boundary to the\npoint where said boundary crosses Route 3 between the villages of East\nPitcairn and Fine, thence easterly along Route 3 to its intersection\nwith Route 30 at the village of Tupper Lake, thence southerly along\nRoute 30 to the point of beginning.\n e. Middle branch of Grass river area. Commencing in the village of\nCranberry Lake on Route 3, thence northeasterly along Route 3 to its\njunction with Route 56 near the village of Sevey, thence northerly along\nRoute 56 to its intersection with the Adirondack state park boundary\nsoutheast of the village of South Colton, thence west and south along\nsaid park boundary to its intersection with the Degrasse-Cranberry Lake\nroad, thence easterly and southerly along said road to its junction with\nRoute 3 approximately one mile west of the village of Cranberry Lake\nthence easterly along Route 3 to the point of beginning.\n f. West branch of St. Regis river area. Commencing at the village of\nTupper Lake, thence northeasterly along Route 30 to the junction of the\nBrandon road leading from Paul Smiths to St. Regis Falls, thence\nwesterly and northerly along said Brandon road to its junction with\nRoute 72 about three miles west of the village of Santa Clara, thence\nnorthwesterly along Route 72 to its junction with the St. Regis-Lake\nOzonia road, thence southerly and westerly along the St. Regis-Lake\nOzonia road to Lake Ozonia, thence northerly and westerly along the Lake\nOzonia-Hopkinton road to its intersection with the Adirondack state park\nboundary, thence westerly, southerly, and westerly along the Adirondack\nstate park boundary to its intersection with the Parishville-Stark road,\nthence southerly along said road to the village of Stark, thence\nwesterly along the Stark-Hubbards road to its junction with Route 56,\nthence southerly along Route 56 to its junction with Route 3 near the\nvillage of Sevey, thence easterly along Route 3 to the point of\nbeginning.\n 18. "Inhabited" means a permanent occupancy by a species as contrasted\nwith a temporary presence of an occasional individual.\n 19. a. "Person" means an individual, a co-partnership, joint stock\ncompany or corporation.\n b. In construing any provision of the Fish and Wildlife Law, gender\nand number shall be disregarded whenever necessary to give effect to the\npurpose of the provision.\n c. A reference to the "immediate family" of a person means all persons\nwho are related by blood, marriage or adoption to the person whose\nimmediate family is referred to, and are domiciled in the house of such\nperson.\n 20. "Environmental conservation officer" includes sworn officers in\nthe division of law enforcement in the department.\n 21. "Carrier" means a person engaged in the business of transporting\ngoods, and includes a common carrier, contract carrier and private\ncarrier.\n 22. "Closed area" means any area of lands, or waters, or lands and\nwaters of the state, in which the taking of fish, wildlife or protected\ninsects, or one or more of them, is prohibited, or in which hunting,\nfishing or trapping, or one or more of them, is prohibited by the Fish\nand Wildlife Law, by proclamation of the Governor pursuant to section\n9-1101, or by rule or regulation of the department.\n 23. a. "Open season" means the time during which fish, game, wildlife,\nshellfish, crustacea or protected insects may be legally taken. "Closed\nseason" means the time during which they may not legally be taken.\n b. Whenever an open season or a closed season is provided by the\nfixing of dates, such dates shall be deemed part of such open season or\nclosed season.\n 24. "Enclosed lands" or "wholly enclosed lands" means lands the\nboundaries of which may be indicated by wire, ditch, hedge, fence, road,\nhighway or water, or in any visible or distinctive manner which\nindicates a separation from the surrounding contiguous territory. Except\nas otherwise provided, any such indication of boundaries is sufficient\nto constitute the lands within the boundaries "enclosed".\n 25. "Hunting related incident" means the injury to or death of a\nperson caused by the discharge of a firearm, crossbow or longbow while\nthe person causing such injury or death, or the person injured or\nkilled, is taking or attempting to take game, wildlife or fish.\n 26. "Muzzle loading firearm" means a gun which is loaded through the\nmuzzle, shooting a single projectile and having a minimum bore of .44\ninch.\n 27. "Leashed tracking dog" means a leashed dog which has been\ncertified by the department pursuant to section 11-0928 of this chapter\nto track and find wounded or injured big game.\n 28. "Captive bred" means born in captivity.\n 29. "Non-native big game mammal" means a mammal species presently\nfound in the wild and hunted as big game that is:\n a. Native or an original inhabitant of the continents of Africa, Asia,\nSouth America, Australia, or Europe, whether or not captive bred; or\n b. A captive bred North American big game mammal including: cougar,\nwolf, bear, bison, big horn sheep, mountain goat, antelope, elk, musk\nox, mule deer, black tailed deer, caribou, and a domestic game animal as\ndefined in paragraph b of subdivision four of this section, provided,\nhowever, that nothing herein shall be deemed to expand, diminish, or\nalter the department's authority under existing statute or regulation to\nregulate the taking of big game as defined in paragraph b of subdivision\ntwo of this section or other protected wildlife as defined in paragraph\nc of subdivision six of this section.\n 30. "Facility" means any type of zoo, petting zoo, circus, game farm,\ngame preserve, or similar entity, or part thereof, where non-native big\ngame mammals are housed, held, fed or provided for in any manner.\n 31. "Pet" means an animal kept for the primary purpose of\ncompanionship that is normally maintained in or near the household of\nthe owner or person who cares for such domesticated animal.\n 32. "Wildlife sanctuary" means an organization as described in section\n170(b)(1)(A)(vi) of the Internal Revenue Code of 1986 and that is in\ncompliance with all applicable provisions of the Animal Welfare Act, 7\nUSC Sec. 2131 et seq. and operates a place of refuge where abused,\nneglected, unwanted, impounded, abandoned, orphaned, or displaced wild\nanimals are provided care for their lifetime or rehabilitated and\nreleased back to their natural habitat, and, with respect to any animal\nowned by the organization, does not:\n a. Use the animal for any type of entertainment, recreational or\ncommercial purpose except for the purpose of exhibition as defined by\nthe department;\n b. Sell, trade, lend or barter the animal or the animal's body parts;\nor\n c. Breed the animal.\n 33. "Long bow" includes longbows, recurve bows, compound bows, and\ncrossbows.\n