State Codes and Statutes

Statutes > New-york > Env > Article-11 > Title-5 > 11-0523

§ 11-0523. Destructive or menacing wildlife; taking without permit.    1. Owners and lessees and members of their immediate families actually  occupying  or  cultivating  lands, and persons authorized in writing and  actually employed by them  in  cultivating  such  lands,  may  take  (a)  unprotected  wildlife  other  than birds and (b) starlings, common crows  and, subject to section 11-0513, pigeons, when such wildlife is injuring  their property or has become a nuisance thereon.   Such  taking  may  be  done  in  any  manner,  notwithstanding  any  provision  of the Fish and  Wildlife Law, except section 11-0513, or the Penal Law or any other law.    2. Any  bear  killing  or  worrying  livestock  on  land  occupied  or  cultivated,  or destroying an apiary thereon, may be taken or killed, at  any time, by shooting or device to entrap or entice on such land, by the  owner, lessee or  occupant  thereof,  or  any  member  of  the  owner's,  lessee's  or  occupant's  immediate  family or by any person employed by  such owner, lessee or occupant. The owner  or  occupant  of  such  lands  shall promptly notify the nearest environmental conservation officer and  deliver  to such officer the carcass of any bear killed pursuant to this  subdivision. The environmental conservation officer shall dispose of the  carcass as the department may direct.    3. Red-winged blackbirds, common grackles and cowbirds destroying  any  crop  may  be  killed during the months of June, July, August, September  and October by the owner of the crop or property on which it is  growing  or by any person in his employ.    4.  Varying  hares,  cottontail  rabbits  and European hares which are  injuring property on occupied farms or lands may be  taken  thereon,  at  any  time, in any manner, except by the use of ferrets, fitch-ferrets or  fitch, by the owners or occupants of such farms or lands or by a  person  authorized  in  writing  by  them  and  actually  employed  by  them  in  cultivating such farm lands.    5. Skunks injuring property or which have become  a  nuisance  may  be  taken at any time in any manner.    6.  Raccoons, coyotes or fox injuring private property may be taken by  the owner, occupant or lessee thereof, or an employee or  family  member  of such owner, occupant or lessee, at any time in any manner.    7.  Whenever  black,  grey  and fox squirrels, opossums or weasels are  injuring property on occupied farms or lands or dwellings, they  may  be  taken  at  any time in any manner, by the owners or occupants thereof or  by a person authorized in writing by such owner or occupant.    8. No license or permit from the department is required for any taking  authorized by this section.    9. Varying hares, cottontail rabbits,  skunks,  black,  grey  and  fox  squirrels,  raccoons, opossums or weasels taken pursuant to this section  in the closed season or in a manner not  permitted  by  section  11-0901  shall  be  immediately  buried  or  cremated. No person shall possess or  traffic in such skunks or raccoons or  the  pelts  thereof  or  in  such  varying hares or cottontail rabbits or the flesh thereof.

State Codes and Statutes

Statutes > New-york > Env > Article-11 > Title-5 > 11-0523

§ 11-0523. Destructive or menacing wildlife; taking without permit.    1. Owners and lessees and members of their immediate families actually  occupying  or  cultivating  lands, and persons authorized in writing and  actually employed by them  in  cultivating  such  lands,  may  take  (a)  unprotected  wildlife  other  than birds and (b) starlings, common crows  and, subject to section 11-0513, pigeons, when such wildlife is injuring  their property or has become a nuisance thereon.   Such  taking  may  be  done  in  any  manner,  notwithstanding  any  provision  of the Fish and  Wildlife Law, except section 11-0513, or the Penal Law or any other law.    2. Any  bear  killing  or  worrying  livestock  on  land  occupied  or  cultivated,  or destroying an apiary thereon, may be taken or killed, at  any time, by shooting or device to entrap or entice on such land, by the  owner, lessee or  occupant  thereof,  or  any  member  of  the  owner's,  lessee's  or  occupant's  immediate  family or by any person employed by  such owner, lessee or occupant. The owner  or  occupant  of  such  lands  shall promptly notify the nearest environmental conservation officer and  deliver  to such officer the carcass of any bear killed pursuant to this  subdivision. The environmental conservation officer shall dispose of the  carcass as the department may direct.    3. Red-winged blackbirds, common grackles and cowbirds destroying  any  crop  may  be  killed during the months of June, July, August, September  and October by the owner of the crop or property on which it is  growing  or by any person in his employ.    4.  Varying  hares,  cottontail  rabbits  and European hares which are  injuring property on occupied farms or lands may be  taken  thereon,  at  any  time, in any manner, except by the use of ferrets, fitch-ferrets or  fitch, by the owners or occupants of such farms or lands or by a  person  authorized  in  writing  by  them  and  actually  employed  by  them  in  cultivating such farm lands.    5. Skunks injuring property or which have become  a  nuisance  may  be  taken at any time in any manner.    6.  Raccoons, coyotes or fox injuring private property may be taken by  the owner, occupant or lessee thereof, or an employee or  family  member  of such owner, occupant or lessee, at any time in any manner.    7.  Whenever  black,  grey  and fox squirrels, opossums or weasels are  injuring property on occupied farms or lands or dwellings, they  may  be  taken  at  any time in any manner, by the owners or occupants thereof or  by a person authorized in writing by such owner or occupant.    8. No license or permit from the department is required for any taking  authorized by this section.    9. Varying hares, cottontail rabbits,  skunks,  black,  grey  and  fox  squirrels,  raccoons, opossums or weasels taken pursuant to this section  in the closed season or in a manner not  permitted  by  section  11-0901  shall  be  immediately  buried  or  cremated. No person shall possess or  traffic in such skunks or raccoons or  the  pelts  thereof  or  in  such  varying hares or cottontail rabbits or the flesh thereof.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Env > Article-11 > Title-5 > 11-0523

§ 11-0523. Destructive or menacing wildlife; taking without permit.    1. Owners and lessees and members of their immediate families actually  occupying  or  cultivating  lands, and persons authorized in writing and  actually employed by them  in  cultivating  such  lands,  may  take  (a)  unprotected  wildlife  other  than birds and (b) starlings, common crows  and, subject to section 11-0513, pigeons, when such wildlife is injuring  their property or has become a nuisance thereon.   Such  taking  may  be  done  in  any  manner,  notwithstanding  any  provision  of the Fish and  Wildlife Law, except section 11-0513, or the Penal Law or any other law.    2. Any  bear  killing  or  worrying  livestock  on  land  occupied  or  cultivated,  or destroying an apiary thereon, may be taken or killed, at  any time, by shooting or device to entrap or entice on such land, by the  owner, lessee or  occupant  thereof,  or  any  member  of  the  owner's,  lessee's  or  occupant's  immediate  family or by any person employed by  such owner, lessee or occupant. The owner  or  occupant  of  such  lands  shall promptly notify the nearest environmental conservation officer and  deliver  to such officer the carcass of any bear killed pursuant to this  subdivision. The environmental conservation officer shall dispose of the  carcass as the department may direct.    3. Red-winged blackbirds, common grackles and cowbirds destroying  any  crop  may  be  killed during the months of June, July, August, September  and October by the owner of the crop or property on which it is  growing  or by any person in his employ.    4.  Varying  hares,  cottontail  rabbits  and European hares which are  injuring property on occupied farms or lands may be  taken  thereon,  at  any  time, in any manner, except by the use of ferrets, fitch-ferrets or  fitch, by the owners or occupants of such farms or lands or by a  person  authorized  in  writing  by  them  and  actually  employed  by  them  in  cultivating such farm lands.    5. Skunks injuring property or which have become  a  nuisance  may  be  taken at any time in any manner.    6.  Raccoons, coyotes or fox injuring private property may be taken by  the owner, occupant or lessee thereof, or an employee or  family  member  of such owner, occupant or lessee, at any time in any manner.    7.  Whenever  black,  grey  and fox squirrels, opossums or weasels are  injuring property on occupied farms or lands or dwellings, they  may  be  taken  at  any time in any manner, by the owners or occupants thereof or  by a person authorized in writing by such owner or occupant.    8. No license or permit from the department is required for any taking  authorized by this section.    9. Varying hares, cottontail rabbits,  skunks,  black,  grey  and  fox  squirrels,  raccoons, opossums or weasels taken pursuant to this section  in the closed season or in a manner not  permitted  by  section  11-0901  shall  be  immediately  buried  or  cremated. No person shall possess or  traffic in such skunks or raccoons or  the  pelts  thereof  or  in  such  varying hares or cottontail rabbits or the flesh thereof.