State Codes and Statutes

Statutes > New-york > Env > Article-11 > Title-19 > 11-1901

§ 11-1901. Breeding of domestic game birds.    1.  The department may, in its discretion, issue to an owner or lessee  of wholly enclosed lands, or an entire  island,  a  domestic  game  bird  breeder's  license  permitting him to possess and propagate such species  of domestic game birds  as,  in  its  opinion,  he  has  facilities  for  propagating  on the licensed premises. The license shall expire on March  31 in each year. The department shall prescribe and  furnish  forms  for  application  for  such  license. Applicants shall pay to the department,  and the department shall be entitled to receive, fees according  to  the  type of license so issued as follows:    a. Class A license, fifty dollars. This license shall allow the holder  thereof  to  purchase,  possess,  propagate, transport and sell domestic  game birds, dead or alive, and their eggs.    b. Class B license, ten dollars. This license shall allow  the  holder  thereof  to  purchase, possess and propagate domestic game birds for his  own use. Birds may be killed for  food  or  released  to  the  wild  for  restocking.  No  live  birds  or  their  eggs  or carcasses may be sold,  exchanged or given away.    2. The department may revoke the license of any licensee convicted  of  a  violation  of this section, and no license shall be issued to him for  the ensuing two years. The licensee, unless he shall waive  such  right,  shall  have an opportunity to be heard. Notice of hearing shall be given  by mailing the same in writing to the licensee at the address  contained  in  his  license.  Attendance of witnesses may be compelled by subpoena.  Revocation shall be deemed  an  administrative  act  reviewable  by  the  supreme court as such.    3.  Only  domestic  game birds legally propagated or acquired shall be  possessed under these licenses.    4. On the licensed premises the licensee may kill domestic game  birds  at  any  time  in any manner except by shooting. Nothing in this section  shall be construed to prohibit  the  shooting  of  domestic  game  birds  liberated  on  the licensed premises if such shooting is done during the  open season for such species or pursuant  to  a  license  under  section  11-1903.    5. Each such domestic duck, goose, brant and swan before attaining the  age  of  four  weeks shall be marked by having the hind toe of the right  foot removed, and no such duck, goose, brant or swan, over four weeks of  age, may be possessed or sold without such mark. Birds so marked,  which  have  escaped,  may  be  recaptured by the licensee. Other such domestic  game birds which have escaped may be recaptured by the licensee provided  they are marked as prescribed  in  the  rules  and  regulations  of  the  department.  Escaped birds may be recaptured only on the premises of the  licensee. However, removal of the hind toe of the right foot  shall  not  be  required  for captive geese, brant and swans, which were adult birds  on March 1, 1967 and previously had been marked with a V-shaped mark  on  the web of one foot.    6.  The  holder  of  a domestic game bird breeder's license shall keep  records and make reports as required by and upon forms furnished by  the  department.  The  reports shall be subscribed by the licensee, and shall  contain an affirmation that the statements therein are made  subject  to  the  penalties  of  perjury. The records shall be continuous and current  and shall be kept on the licensed premises, and the licensee shall allow  any representative of the department  to  enter  upon  the  premises  to  inspect  his  operations  and  records.  Records  must be retained for a  period of three years.    7. On the licensed premises the licensee may take any unprotected wild  bird, or any predatory  wildlife  except,  protected  birds,  disturbing  domestic  game.  Such  birds or wildlife may be taken at any time and inany manner, except that no trap of the leg-gripping type,  having  teeth  in the jaws or having a greater spread of jaws than six inches, shall be  used for such purpose, nor shall a trap be set so that any wildlife when  caught  shall be suspended. Carcasses of such birds or wildlife shall be  immediately buried or cremated, except  that  carcasses  of  unprotected  wildlife,  and  of  protected  wildlife other than birds if taken during  their respective open seasons, may be possessed, transported, bought and  sold to the extent permitted by section 11-0917.    8. a. The department shall supply tags, for which the  licensee  shall  pay a fee of five cents each, which shall be affixed to the carcass of a  domestic  game  bird  and  remain  so  affixed until the bird is finally  prepared for consumption. No domestic  game  bird  so  killed  shall  be  possessed  without such tag, and only an authorized person shall have in  his possession such tags.    b. Notwithstanding any provision in this section to the  contrary,  no  untagged carcass may be removed from the premises except carcasses which  are  removed  for  the purpose of processing. When transporting untagged  carcasses for such processing, the bearer must have a  statement  signed  by  the  licensee  stating the number of carcasses being transported and  the name and address of the processor. The bearer must also have in  his  possession  tags  equal  in  number  to  the  carcasses transported. The  processor or bearer, after picking and  dressing  the  carcasses,  shall  affix the tags, furnished by the licensee, to each carcass.    c.  The licensee shall keep records of the number of tags used, and no  tags shall be removed from the licensed premises except as  provided  in  this subdivision. If a game bird breeder's license is not renewed on its  expiration  date, all unused tags and inventory shall be returned to the  nearest regional office of the department not later than ten days  after  the  expiration  date  of the license. There shall be no refund of money  for such returned tags, which shall be immediately invalidated.    d.  The  tagging  required  by  this  subdivision   shall   constitute  compliance  with  the tagging requirements of section 11-1721. Carcasses  of domestic game birds, tagged as provided in this subdivision,  may  be  possessed, bought, sold, offered for sale and transported, to the extent  permitted by sections 11-1719 and 11-1723.

State Codes and Statutes

Statutes > New-york > Env > Article-11 > Title-19 > 11-1901

§ 11-1901. Breeding of domestic game birds.    1.  The department may, in its discretion, issue to an owner or lessee  of wholly enclosed lands, or an entire  island,  a  domestic  game  bird  breeder's  license  permitting him to possess and propagate such species  of domestic game birds  as,  in  its  opinion,  he  has  facilities  for  propagating  on the licensed premises. The license shall expire on March  31 in each year. The department shall prescribe and  furnish  forms  for  application  for  such  license. Applicants shall pay to the department,  and the department shall be entitled to receive, fees according  to  the  type of license so issued as follows:    a. Class A license, fifty dollars. This license shall allow the holder  thereof  to  purchase,  possess,  propagate, transport and sell domestic  game birds, dead or alive, and their eggs.    b. Class B license, ten dollars. This license shall allow  the  holder  thereof  to  purchase, possess and propagate domestic game birds for his  own use. Birds may be killed for  food  or  released  to  the  wild  for  restocking.  No  live  birds  or  their  eggs  or carcasses may be sold,  exchanged or given away.    2. The department may revoke the license of any licensee convicted  of  a  violation  of this section, and no license shall be issued to him for  the ensuing two years. The licensee, unless he shall waive  such  right,  shall  have an opportunity to be heard. Notice of hearing shall be given  by mailing the same in writing to the licensee at the address  contained  in  his  license.  Attendance of witnesses may be compelled by subpoena.  Revocation shall be deemed  an  administrative  act  reviewable  by  the  supreme court as such.    3.  Only  domestic  game birds legally propagated or acquired shall be  possessed under these licenses.    4. On the licensed premises the licensee may kill domestic game  birds  at  any  time  in any manner except by shooting. Nothing in this section  shall be construed to prohibit  the  shooting  of  domestic  game  birds  liberated  on  the licensed premises if such shooting is done during the  open season for such species or pursuant  to  a  license  under  section  11-1903.    5. Each such domestic duck, goose, brant and swan before attaining the  age  of  four  weeks shall be marked by having the hind toe of the right  foot removed, and no such duck, goose, brant or swan, over four weeks of  age, may be possessed or sold without such mark. Birds so marked,  which  have  escaped,  may  be  recaptured by the licensee. Other such domestic  game birds which have escaped may be recaptured by the licensee provided  they are marked as prescribed  in  the  rules  and  regulations  of  the  department.  Escaped birds may be recaptured only on the premises of the  licensee. However, removal of the hind toe of the right foot  shall  not  be  required  for captive geese, brant and swans, which were adult birds  on March 1, 1967 and previously had been marked with a V-shaped mark  on  the web of one foot.    6.  The  holder  of  a domestic game bird breeder's license shall keep  records and make reports as required by and upon forms furnished by  the  department.  The  reports shall be subscribed by the licensee, and shall  contain an affirmation that the statements therein are made  subject  to  the  penalties  of  perjury. The records shall be continuous and current  and shall be kept on the licensed premises, and the licensee shall allow  any representative of the department  to  enter  upon  the  premises  to  inspect  his  operations  and  records.  Records  must be retained for a  period of three years.    7. On the licensed premises the licensee may take any unprotected wild  bird, or any predatory  wildlife  except,  protected  birds,  disturbing  domestic  game.  Such  birds or wildlife may be taken at any time and inany manner, except that no trap of the leg-gripping type,  having  teeth  in the jaws or having a greater spread of jaws than six inches, shall be  used for such purpose, nor shall a trap be set so that any wildlife when  caught  shall be suspended. Carcasses of such birds or wildlife shall be  immediately buried or cremated, except  that  carcasses  of  unprotected  wildlife,  and  of  protected  wildlife other than birds if taken during  their respective open seasons, may be possessed, transported, bought and  sold to the extent permitted by section 11-0917.    8. a. The department shall supply tags, for which the  licensee  shall  pay a fee of five cents each, which shall be affixed to the carcass of a  domestic  game  bird  and  remain  so  affixed until the bird is finally  prepared for consumption. No domestic  game  bird  so  killed  shall  be  possessed  without such tag, and only an authorized person shall have in  his possession such tags.    b. Notwithstanding any provision in this section to the  contrary,  no  untagged carcass may be removed from the premises except carcasses which  are  removed  for  the purpose of processing. When transporting untagged  carcasses for such processing, the bearer must have a  statement  signed  by  the  licensee  stating the number of carcasses being transported and  the name and address of the processor. The bearer must also have in  his  possession  tags  equal  in  number  to  the  carcasses transported. The  processor or bearer, after picking and  dressing  the  carcasses,  shall  affix the tags, furnished by the licensee, to each carcass.    c.  The licensee shall keep records of the number of tags used, and no  tags shall be removed from the licensed premises except as  provided  in  this subdivision. If a game bird breeder's license is not renewed on its  expiration  date, all unused tags and inventory shall be returned to the  nearest regional office of the department not later than ten days  after  the  expiration  date  of the license. There shall be no refund of money  for such returned tags, which shall be immediately invalidated.    d.  The  tagging  required  by  this  subdivision   shall   constitute  compliance  with  the tagging requirements of section 11-1721. Carcasses  of domestic game birds, tagged as provided in this subdivision,  may  be  possessed, bought, sold, offered for sale and transported, to the extent  permitted by sections 11-1719 and 11-1723.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Env > Article-11 > Title-19 > 11-1901

§ 11-1901. Breeding of domestic game birds.    1.  The department may, in its discretion, issue to an owner or lessee  of wholly enclosed lands, or an entire  island,  a  domestic  game  bird  breeder's  license  permitting him to possess and propagate such species  of domestic game birds  as,  in  its  opinion,  he  has  facilities  for  propagating  on the licensed premises. The license shall expire on March  31 in each year. The department shall prescribe and  furnish  forms  for  application  for  such  license. Applicants shall pay to the department,  and the department shall be entitled to receive, fees according  to  the  type of license so issued as follows:    a. Class A license, fifty dollars. This license shall allow the holder  thereof  to  purchase,  possess,  propagate, transport and sell domestic  game birds, dead or alive, and their eggs.    b. Class B license, ten dollars. This license shall allow  the  holder  thereof  to  purchase, possess and propagate domestic game birds for his  own use. Birds may be killed for  food  or  released  to  the  wild  for  restocking.  No  live  birds  or  their  eggs  or carcasses may be sold,  exchanged or given away.    2. The department may revoke the license of any licensee convicted  of  a  violation  of this section, and no license shall be issued to him for  the ensuing two years. The licensee, unless he shall waive  such  right,  shall  have an opportunity to be heard. Notice of hearing shall be given  by mailing the same in writing to the licensee at the address  contained  in  his  license.  Attendance of witnesses may be compelled by subpoena.  Revocation shall be deemed  an  administrative  act  reviewable  by  the  supreme court as such.    3.  Only  domestic  game birds legally propagated or acquired shall be  possessed under these licenses.    4. On the licensed premises the licensee may kill domestic game  birds  at  any  time  in any manner except by shooting. Nothing in this section  shall be construed to prohibit  the  shooting  of  domestic  game  birds  liberated  on  the licensed premises if such shooting is done during the  open season for such species or pursuant  to  a  license  under  section  11-1903.    5. Each such domestic duck, goose, brant and swan before attaining the  age  of  four  weeks shall be marked by having the hind toe of the right  foot removed, and no such duck, goose, brant or swan, over four weeks of  age, may be possessed or sold without such mark. Birds so marked,  which  have  escaped,  may  be  recaptured by the licensee. Other such domestic  game birds which have escaped may be recaptured by the licensee provided  they are marked as prescribed  in  the  rules  and  regulations  of  the  department.  Escaped birds may be recaptured only on the premises of the  licensee. However, removal of the hind toe of the right foot  shall  not  be  required  for captive geese, brant and swans, which were adult birds  on March 1, 1967 and previously had been marked with a V-shaped mark  on  the web of one foot.    6.  The  holder  of  a domestic game bird breeder's license shall keep  records and make reports as required by and upon forms furnished by  the  department.  The  reports shall be subscribed by the licensee, and shall  contain an affirmation that the statements therein are made  subject  to  the  penalties  of  perjury. The records shall be continuous and current  and shall be kept on the licensed premises, and the licensee shall allow  any representative of the department  to  enter  upon  the  premises  to  inspect  his  operations  and  records.  Records  must be retained for a  period of three years.    7. On the licensed premises the licensee may take any unprotected wild  bird, or any predatory  wildlife  except,  protected  birds,  disturbing  domestic  game.  Such  birds or wildlife may be taken at any time and inany manner, except that no trap of the leg-gripping type,  having  teeth  in the jaws or having a greater spread of jaws than six inches, shall be  used for such purpose, nor shall a trap be set so that any wildlife when  caught  shall be suspended. Carcasses of such birds or wildlife shall be  immediately buried or cremated, except  that  carcasses  of  unprotected  wildlife,  and  of  protected  wildlife other than birds if taken during  their respective open seasons, may be possessed, transported, bought and  sold to the extent permitted by section 11-0917.    8. a. The department shall supply tags, for which the  licensee  shall  pay a fee of five cents each, which shall be affixed to the carcass of a  domestic  game  bird  and  remain  so  affixed until the bird is finally  prepared for consumption. No domestic  game  bird  so  killed  shall  be  possessed  without such tag, and only an authorized person shall have in  his possession such tags.    b. Notwithstanding any provision in this section to the  contrary,  no  untagged carcass may be removed from the premises except carcasses which  are  removed  for  the purpose of processing. When transporting untagged  carcasses for such processing, the bearer must have a  statement  signed  by  the  licensee  stating the number of carcasses being transported and  the name and address of the processor. The bearer must also have in  his  possession  tags  equal  in  number  to  the  carcasses transported. The  processor or bearer, after picking and  dressing  the  carcasses,  shall  affix the tags, furnished by the licensee, to each carcass.    c.  The licensee shall keep records of the number of tags used, and no  tags shall be removed from the licensed premises except as  provided  in  this subdivision. If a game bird breeder's license is not renewed on its  expiration  date, all unused tags and inventory shall be returned to the  nearest regional office of the department not later than ten days  after  the  expiration  date  of the license. There shall be no refund of money  for such returned tags, which shall be immediately invalidated.    d.  The  tagging  required  by  this  subdivision   shall   constitute  compliance  with  the tagging requirements of section 11-1721. Carcasses  of domestic game birds, tagged as provided in this subdivision,  may  be  possessed, bought, sold, offered for sale and transported, to the extent  permitted by sections 11-1719 and 11-1723.