§ 11-0505 — Interference with fish and wildlife

New York § 11-0505

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 5: Fish and Wildlife Management Practices Cooperative Program; Prohibitions; Taking of Fish, Wildlife, Shellfish and Crustacea For Scientific or Propagation Purposes; Destructive Wildlife; Rabies Control; Guides; Endangered Species
• Art. 11: Fish and Wildlife

Text

§ 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 the owner of the land on which it is located. A copy of the\norder shall be served on such person or owner and failure to comply with\nits terms within ten days after service thereof shall be deemed a\nviolation of this subdivision. This subdivision shall not apply to dams\nheretofore or hereafter erected.\n b. Flumes or raceways in streams stocked with fish by the state shall\nbe screened as the department may direct.\n 2. No person shall:\n a. hold back or divert water in any stream which supplies a state\nhatchery so as to prevent the flow of sufficient water for hatchery\npurposes, or\n b. take fish from the waters of any state hatchery operated by the\ndepartment, except under the authority of the department.\n * 3. No deer or bear traps shall be made, set or used upon land\ninhabited by deer or bear. No salt lick shall be made, set or used upon\nland inhabited by deer or bear, except that:\n a. the department may do so on state wildlife refuges and wildlife\nmanagement areas; and\n b. a nuisance wildlife specialist with a permit issued pursuant to\nsection 11-0522 of this title may do so provided that such activities\nare in furtherance of the site-specific deer management plan.\n c. a nuisance wildlife specialist with a permit issued pursuant to\nsection 11-0522-a of this title may do so provided that such activities\nare in furtherance of the site-specific deer management plan.\n * NB Effective until January 1, 2027\n * 3. No deer or bear traps shall be made, set or used upon land\ninhabited by deer or bear. No salt lick shall be made, set or used upon\nland inhabited by deer or bear, except that the department may do so on\nstate wildlife refuges and wildlife management areas.\n * NB Effective January 1, 2027\n 4. No person shall use any device which prevents frogs from having\nfree access to and egress from water.\n 5. No person shall rob or wilfully destroy a nest of any protected\nbirds unless a permit shall first be obtained from the department.\n 6. Except as permitted by the department, no person shall at any time\ndisturb a beaver dam, house or den or a muskrat house or den or any\nstructure constructed by a muskrat in which it can take shelter.\n 7. No person shall at any time disturb a nest box or any structure\nconstructed for the purpose of harboring wild birds whether or not such\nstructure is inhabited by wild birds, except for annual maintenance of\nsuch structure or when deemed necessary by the owner of the property\nwhereupon such structure is located.\n 8. No person shall place, give, expose, deposit, distribute or scatter\nany substance with the intent to attract or entice deer to feed within\nthree hundred feet of a public highway. Normal agricultural practice of\nplanting, cultivating or harvesting and the feeding of deer held captive\nfor agricultural purposes or the feeding of deer held captive in zoos\nand wildlife parks shall not be considered attracting or enticing deer\nto feed for the purposes of this section.\n * 9. A nuisance wildlife specialist with a permit issued pursuant to\nsection 11-0522 of this title may, in accordance with the parameters of\nsuch permit and the consultation of local law enforcement, entice deer\nin the manner prohibited in subdivision eight of this section provided\nthat such activities are in furtherance of the site-specific deer\nmanagement plan.\n * NB Repealed January 1, 2027\n * 10. A nuisance wildlife specialist with a permit issued pursuant to\nsection 11-0522-a of this title may, in accordance with the parameters\nof such permit and the consultation of local law enforcement, entice\ndeer in the manner prohibited in subdivision eight of this section\nprovided that such activities are in furtherance of the site-specific\ndeer management plan.\n * NB Repealed January 1, 2027\n