§ 11-1101 — Prohibitions

New York § 11-1101

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 11: Trapping
• Art. 11: Fish and Wildlife

Text

§ 11-1101. Prohibitions.\n 1. Except as provided in title 5 or in sections 11-1901 or 11-1903, no\nwild bird shall be trapped, netted or snared, or if so taken, possessed.\n 2. Traps shall not be set for the taking of any protected wildlife\nexcept (a) in an open season as provided in section 11-1103 for taking\nthe species for which the trap is set; or (b) in accordance with a\nlicense or permit issued by the department pursuant to title 5; or (c)\nas provided in title 5 or title 19 with respect to rabies control and\npredatory, destructive or menacing wildlife; or (d) on a registered\nmuskrat marsh as provided in section 11-1109. Protected wildlife taken\nor captured in a trap shall not be killed or possessed while captive\nunless it is a species of wildlife for which the trap was or might\nlawfully have been set at the time of capture.\n 3. In waters of the Southern Zone, as so defined, from December 5\nthrough January 31, no person shall set, place or maintain a trap of any\nkind except (a) spring hole trap sets for the purpose of taking fox, or\n(b) water sets during any open season established for the taking of\nmuskrat, otter and beaver, or (c) traps set on a registered muskrat\nmarsh pursuant to permit, issued as provided in section 11-1109.\n 4. On the opening day of an open season for trapping, no person shall\nstake, set or place any trap or deadfall for the purpose of taking the\nspecies of game for which such open season is established or fixed, in\nthe area for which such open season is established or fixed, before 7:00\nA.M.\n 5. Except as provided in subdivision 1 or 2 of section 11-0523 with\nrespect to destructive and menacing wildlife, no person shall (a) set or\nuse a trap of the leg-gripping type having teeth in the jaws; (b) set a\ntrap so that wildlife when caught is suspended; (c) use, locate or set a\nsnare or a device consisting of a noose of any material whereby an\nanimal may be taken.\n 6. a. No person shall set or use a trap of the leg-gripping type (a)\nhaving a spread of jaws exceeding 7 1/4" measured at right angles to the\naxis upon which the jaws operate and excluding the gripping surface of\neach jaw, when used under water during the open season for trapping\nbeaver or otter, or (b) in any other case, except as provided in title 5\nor in section 11-1109, having a spread of jaws exceeding 5-3/4" as so\nmeasured.\n b. No person shall set or use a body gripping type trap with a\ndimension of more than 7-1/2 inches except:\n (a) when used in water during the open season for trapping beaver and\notter; or\n (b) as further permitted by the department by regulation.\n The dimension of the body gripping trap shall be ascertained when the\ntrap is set in the extreme cocked position and shall be the maximum\ndistance between pairs of contacting body gripping surfaces except for\nrectangular devices which shall be the maximum perpendicular distance\nbetween pairs of contacting body gripping surfaces.\n c. Traps of the leg-gripping type having a spread of jaws exceeding 4"\nmeasured as described in paragraph a of this subdivision, when set on\nland (excluding traps originally set in water) (a) shall be covered at\nthe time the trap is set or visited; if the trap becomes uncovered after\nit is set the covering shall be replaced at the time the trap is\nvisited; coverings shall include but not be limited to soil, sand,\nleaves, needles, other plant materials, and other substances as\npermitted by department regulation; such substances shall completely\ncover the jaws of the trap, and (b) shall be equipped with a pan\ntensioning device which shall include but not be limited to a bolt and\nnut, notches grooved in the pan and dog or lever, sheer pins, a spring\nunder the pan or strip of band steel, or other devices or modifications\nas permitted by regulation of the department.\n 7. Except as provided in section 11-1109, (a) no person shall take\nmuskrat by the use of a box, wire or cage trap, except that they may be\ntaken in such a trap of a construction incapable of taking any species\nof wildlife until wildlife previously taken therein has been released;\n(b) except as otherwise permitted by department regulation, no person\nshall set, stake or use a trap within a distance of five feet from a\nmuskrat den or house or any structure constructed by a muskrat in which\nit can take shelter; (c) smoke, chemicals, gas or poison shall not be\nused on or near any trap used to take beaver, otter, fisher, bobcat,\ncoyote, fox, mink, raccoon, muskrat or skunk.\n 8. Except as permitted by the department, no person shall set, stake\nor use a trap within a distance of fifteen feet from a beaver dam, den\nor house.\n 9. No person shall take, possess or remove from any legally set trap\nany lawfully trapped wildlife or shall wilfully disturb, destroy, take\nor possess, any legally set trap, without the permission of the owner of\nsuch trap.\n 10. Traps shall not be set or placed on a public highway.\n 11. Beaver, fisher and otter shall be taken only as permitted by the\ndepartment.\n 12. No person shall trap wildlife within one hundred feet of a\ndwelling, school building, school playground or church without the\nwritten consent of the owner or lessee of the property where the trap is\nset.\n