New York § 11-0521 Destructive wildlife; taking pursuant to permit

New York Statutes

§ 11-0521 — Destructive wildlife; taking pursuant to permit

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

§ 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 threat to public health or welfare, provided, however,\nthat where such wildlife is a bear, no such permit shall be issued\nexcept upon proof of damage to such property or threat to public health\nor safety presented to the department. Upon presentation of such proof,\nthe department may issue a permit authorizing the use of trained\ntracking dogs pursuant to section 11-0928 of this article, and, if the\ndepartment has determined that no other alternative is feasible, a\nseparate permit to take the bear. Wildlife s

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§ 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 threat to public health or welfare, provided, however,\nthat where such wildlife is a bear, no such permit shall be issued\nexcept upon proof of damage to such property or threat to public health\nor safety presented to the department. Upon presentation of such proof,\nthe department may issue a permit authorizing the use of trained\ntracking dogs pursuant to section 11-0928 of this article, and, if the\ndepartment has determined that no other alternative is feasible, a\nseparate permit to take the bear. Wildlife so taken shall be disposed of\nas the department may direct. Any person, agency, corporation or\nmunicipality who obtains a migratory bird depredation permit or order\nissued by the federal department of the interior pursuant to 50 C.F.R.\n13 and 50 C.F.R. 21, as may be amended from time to time, shall not be\nrequired to obtain a permit from the department to conduct the\nauthorized activities.\n 2. The department may, by permit issued to a landowner, permit such\nlandowner, and any person he may designate in writing as his agent, to\ntake beaver on lands owned by the permittee, during any specified\nperiod, in any specified number, and by any specified means,\nnotwithstanding the provision contained in paragraph d of subdivision 3\nof section 11-0901 or any other provision of the Fish and Wildlife Law.\nBeaver so taken shall be disposed of as the department may direct.\n 3. Nothing in this section shall be construed as requiring or\nobligating the department to issue a permit to take wildlife or to\ndirect the taking of any wildlife when in its opinion the nuisance,\ndestruction of property or threat to public health and welfare will not\nbe effectively abated thereby.\n

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