SECTION FOUR: LOCAL LAWS (COUNTY, CITY, TOWN, VILLAGE)
There are a variety of local laws that may affect your NWCO business. Some address control techniques, such as trapping or the use of firearms or pesticides. Health codes or other regulations may restrict the transportation of wildlife; for example, trapped animals can’t be removed from, or brought into, Long Island or New York City.
Building codes and fire codes dictate the design and construction of exclusion devices, such as chimney caps; there may even be specific regulations about electric fences. Certain species may receive added protection in some areas.
These were the overall learning objectives for the chapter. How well do you feel you’ve mastered them?
- Know which federal and state agencies regulate aspects of the nuisance wildlife control industry.
- Understand the various state and federal laws about handling wildlife and using pesticides.
- Recognize which situations a NWCO can handle—and which are beyond your authority.
- Know when a state and/or federal permit is required.
- Realize that building codes, firearm ordinances, and other local regulations may apply to your work.
- Be aware of the requirements and procedures for attaining a state nuisance wildlife control operator license.
Lists of Endangered and Threatened Wildlife
Please check the most current lists of endangered and threatened species and species of special concern.
The DEC maintains current and complete lists on its website at:http://www1.dec.state.ny.us/animals/29338.html
Extinct: Species is no longer living or existing.
Extirpated: Species is not extinct, but no longer occurring in a wild state within New York, or no longer exhibiting patterns of use traditional for that species in New York (e.g., historical breeders no longer breeding here).
Endangered: Any native species in imminent danger of extirpation or extinction in New York State.
Threatened: Any native species likely to become an endangered species within the foreseeable future in New York State.
Special Concern: Any native species for which a welfare concern or risk of endangerment has been documented in New York State.
Authority: Environmental Conservation Law of New York, Section 11-0535 and 6 NYCRR (New York Codes, Rules and Regulations) Part 182 – effective (last promulgated in state regulation) December 4, 1999.
Here are the excerpts of the state laws referred to in this chapter that are most relevant to NWCOs. This is the way the laws actually read. Please note: Accurate at time of printing but readers should check for amendments and new laws and regulations.
|Endangered and Threatened Wildlife in New York|
|Species||Scientific name||EndangeredIn New York||Threatened in New York||Also a federally endangered||Also federally threatened|
|Tiger salamander||Ambystoma tigrinum||Y|
|Northern cricket frog||Acris crepitans||Y|
|Mud turtle||Kinosternon subrubrum||Y|
|Bog turtle||Clemmys muhlenbergii||Y||Y|
|Atlantic hawksbill sea turtle||Eretmochelys imbricata||Y||Y|
|Atlantic ridley sea turtle||Lepidochelys kempii||Y||Y|
|Leatherback sea turtle||Dermochelys coriacea||Y||Y|
|Queen snake||Regina septemvittata||Y|
|Blanding’s Turtle||Emydoidea blandingii||Y|
|Green Sea Turtle||Chelonia mydas||Y|
|Loggerhead Sea Turtle||Caretta caretta||Y|
|Fence Lizard||Sceloporus undulatus||Y|
|Timber Rattlesnake||Crotalus horridus||Y|
|Species||Scientific name||EndangeredIn New York||Threatened in New York||Also a federally endangered||Also federally threatened|
|Golden eagle||Aquila chrysaetos||Y|
|Peregrine falcon||Falco peregrinus||Y|
|Spruce grouse||Falcipennis canadensis||Y|
|Black rail||Lateraluus jamaicensis||Y|
|Piping plover||Charadrius melodus||Y||Y (in the Great Lakes region)||Y (Atlantic Coastal region)|
|Eskimo curlew||Numenius borealis||Y||Y|
|Roseate tern||Sterna dougallii dougallii||Y||Y|
|Black tern||Chlidonias niger||Y|
|Short-eared owl||Asio flammeus||Y|
|Loggerhead shrike||Lanius ludovicianus||Y|
|Pied-billed Grebe||Podiliymbus podiceps||Y|
|Least Bittern||Ixobrycgus exilis||Y|
|Bald Eagle||Haliaeetus leucocephalus||Y|
|Northern Harrier||Circus cyaneus||Y|
|King Rail||Rallus elegans||Y|
|Upland Sandpiper||Bartramia longicauda||Y|
|Common Tern||Sterna hirundo||Y|
|Least Tern||Sterna antillarum||Y|
|Sedge Wren||Cistothorus platensis||Y|
|Henslow’s Sparrow||Ammodramus henslowii||Y|
|Species||Scientific name||EndangeredIn New York||Threatened in New York||Also a federally endangered||Also federally threatened|
|Indiana bat||Myotis sodalis||Y||Y|
|Allegheny woodrat||Neotoma magister||Y|
|Sperm whale||Physeter catodon||Y||Y|
|Blue whale||Balaenoptera musculus||Y||Y|
|Finback whale||Balaenoptera physalus||Y||Y|
|Humpback whale||Megaptera novaeangliae||Y||Y|
|Right whale||Eubalaena glacialis||Y||Y|
|Gray wolf||Canis lupus||Y||Y|
|Canada Lynx||Lynx canadensis||Y|
|Nothern Long-Eared Bat||Myotis septentrionalis||Y|
Environmental Conservation Law
The statutory authority for the nuisance wildlife control license is ECL 11-0524 and 6 NYCRR Part 175. Here are the most relevant sections of the ECL.
S 11-0524. Nuisance wildlife control operators.
- No person shall charge a fee to take, possess, transport or release wildlife whenever it becomes a nuisance pursuant to section 11-0505, 11-0507, 11-0521, or 11-0523 of this title unless such person has been issued a nuisance wildlife control operator license by the department.
- No person shall be issued a license by the department under this section unless he or she provides evidence satisfactory to the department, that he or she has completed nuisance wildlife control training. In addition to any other requirements of the department, such training shall include training in site evaluation, methods of resolving common nuisance wildlife problems, including but not limited to, non-lethal methods; exclusion methods; habitat modification; and capture and handling techniques.
- The department may issue a revocable nuisance wildlife control operator license and adopt regulations concerning the qualifications for such license and the terms and conditions of such license provided, however, that any such regulations, terms and conditions include training requirements consistent with subdivision two of this section.
- The fee for a nuisance wildlife control operator license shall be fifty dollars paid annually to be deposited in the conservation fund established pursuant to section eighty-three of the state finance law.
- Any person licensed pursuant to this section shall submit annually a report to the department which specifies each client’s name and address, the date work was performed, the species controlled, the abatement method used, the disposition of the animal, and any other information as required by the department. The department shall annually update a list of nuisance wildlife control operators and make it available to the public in both printed and electronic formats.
S 11-0521. Destructive wildlife; taking pursuant to permit.
- The department may direct any environmental conservation officer, or issue a permit to any person, to take any wildlife at any time whenever it becomes a nuisance, destructive to public or private property or a threat to public health or welfare, provided, how- ever, that where such wildlife is a bear, no such permit shall be issued except upon proof of damage to such property or threat to public health or safety presented to the department. Upon presentation of such proof, the department may issue a permit authorizing the use of trained tracking dogs pursuant to section 11-0928 of this article, and, if the department has determined that no other alternative is feasible, a separate permit to take the bear. Wildlife so taken shall be disposed of as the department may direct.
- The department may, by permit issued to a land- owner, permit such landowner, and any person he may designate in writing as his agent, to take beaver on lands owned by the permittee, during any specified period, in any specified number, and by any specified means, notwithstanding the provision contained in paragraph d of subdivision 3 of section 11-0901 or any other provision of the Fish and Wildlife Law. Beaver so taken shall be disposed of as the department may direct.
- Nothing in this section shall be construed as requiring or obligating the department to issue a permit to take wildlife or to direct the taking of any wildlife when in its opinion the nuisance, destruction of property or threat to public health and welfare will not be effectively abated thereby.
S 11-0523. Destructive or menacing wildlife; taking without permit.
- 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.
- 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.
- 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.
- 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.
- Skunks injuring property or which have become a nuisance may be taken at any time in any manner.
- 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.
- 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.
- No license or permit from the department is required for any taking authorized by this section.
- 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.
S 11-0511. Possession and transportation of wildlife.
No person shall, except under a license or permit first obtained from the department containing the prominent warning notice specified in subdivision nine of section 11-0917 of this article, possess, transport or cause to be transported, imported or exported any live wolf, wolfdog, coyote, coydog, fox, skunk, venomous reptile or raccoon, endangered species designated pursuant to section 11-0535 hereof, species named in section 11-0536 or other species of native or non- native live wildlife or fish where the department finds that possession, transportation, importation or exportation of such species of wildlife or fish would present a danger to the health or welfare of the people of the state, an individual resident or indigenous fish or wildlife population. Environmental conservation officers, forest rangers and members of the state police may seize every such animal possessed without such license or permit. No action for damages shall lie for such seizure, and disposition of seized animals shall be at the discretion of the department.
S 11-0513. Pigeons.
- No person shall at any time, by any means or in any manner capture, kill or attempt to capture or kill any Antwerp or homing pigeon, wearing a ring or seamless leg band with its registered number stamped thereon; nor shall any person remove such mark. No person except the lawful owner shall detain, possess, or transport Antwerp or homing pigeons wearing a ring or seamless leg band with the registered number thereon.
- Notwithstanding any other law to the contrary, the local legislative body of any city, town or village, or in the city of New York the Department of Health may take or issue a permit to any person to take pigeons at any time and in any humane manner in such municipality, whenever such body or administration finds that pigeons within such municipality are or may become a menace to public health or a public nuisance; provided, however, that no pigeon may be taken in a manner which will endanger other animal life, persons or property.
S 11-0505. Interference with fish and wildlife.
- Except as permitted by the department, no person shall obstruct the passage of fish in any stream or river by a screen or otherwise. The department may order such obstruction removed by the person erecting the same or by the owner of the land on which it is located. A copy of the order shall be served on such person or owner and failure to comply with its terms within ten days after service thereof shall be deemed a violation of this subdivision. This subdivision shall not apply to dams heretofore or hereafter erected.
- Flumes or raceways in streams stocked with fish by the state shall be screened as the department may direct.
- No person shall:
- hold back or divert water in any stream which supplies a state hatchery so as to prevent the flow of sufficient water for hatchery purposes, or
- take fish from the waters of any state hatchery operated by the department, except under the authority of the department.
- No deer or bear traps shall be made, set or used upon land inhabited by deer or bear. No salt lick shall be made, set or used upon land inhabited by deer or bear, except that the department may do so on state wildlife refuges and wildlife management areas.
- No person shall use any device which prevents frogs from having free access to and egress from water.
- No person shall rob or willfully destroy a nest of any protected birds unless a permit shall first be obtained from the department.
- Except as permitted by the department, no person shall at any time disturb a beaver dam, house or den or a muskrat house or den or any structure constructed by a muskrat in which it can take shelter.
- No person shall at any time disturb a nest box or any structure constructed for the purpose of harboring wild birds whether or not such structure is inhabited by wild birds, except for annual maintenance of such structure or when deemed necessary by the owner of the property whereupon such structure is located.
- No person shall place, give, expose, deposit, distribute or scatter any substance with the intent to attract or entice deer to feed within three hundred feet of a public highway. Normal agricultural practice of planting, cultivating or harvesting and the feeding of deer held captive for agricultural purposes or the feeding of deer held captive in zoos and wildlife parks shall not be considered attracting or enticing deer to feed for the purposes of this section.
S 11-0507. Liberation of fish, shellfish and wildlife.
- Fish or fish eggs shall not be placed in any waters of the state unless a permit is first obtained from the department; but no permit shall be required to place fish or fish eggs in an aquarium.
- No person shall liberate or import or cause to be imported for the purpose of liberation within the state any European hare (Lepus europaeus), European or San Juan rabbit (Oryctolagus cuniculus), Texas or jack rabbit (Lepus californicus), gray fox (Urocyon cinereoargenteus), including captive bred gray fox, red fox (Vulpes vuples), including captive bred red fox or nutria (Myocastor coypus), whether taken from within or without the state. Nutria may be imported only by permit of the department for scientific, exhibition or for breeding purposes.
- No person shall willfully liberate within the state any wildlife except under permit from the department. The department may issue such permit in its discretion, fix the terms thereof and revoke it at pleasure. These provisions do not apply to migratory game birds, importation of which is governed by regulation of the department.
- No person shall intentionally liberate zebra mussels (Dreissena polymorpha) into any waters of the state. No person shall buy, sell, or offer to buy or sell, or intentionally possess or transport zebra mussels except under a license or permit issued pursuant to section 11-0515. Zebra mussels, except those lawfully held pursuant to a license or permit, may be destroyed by any person at any time.
S 11-0525. Control of rabies in wildlife
- Whenever the disease rabies occurs in any area of the state and the infection of wild foxes or other wildlife populations is certified to exist therein by the joint determination of the Departments of Health, Agriculture and Markets and Environmental Conservation, and certification is made to the Commissioner of Environmental Conservation by the Commissioners of Health and of Agriculture and Markets that the health and welfare of the human population or the health and welfare of domestic livestock are in danger therefrom, the department is thereupon authorized and directed to undertake through the use of professional trappers or by other means such fox control or wildlife control measures in the certified area as in its judgment will eliminate, reduce or confine the disease.
- Such control measures shall be continued until the Commissioners of Health, Agriculture and Markets and Environmental Conservation shall jointly determine that control measures should be terminated.
- Necessary expenses for such control work shall be financed by moneys made available by appropriation or otherwise to the department out of moneys in the state treasury, in the general fund, to the credit of the state purpose fund not otherwise appropriated.
S 11-1101. Prohibitions.
- Except as provided in title 5 or in sections 11-1901 or 11-1903, no wild bird shall be trapped, netted or snared, or if so taken, possessed.
- Traps shall not be set for the taking of any protected wildlife except (a) in an open season as provided in section 11-1103 for taking the species for which the trap is set; or (b) in accordance with a license or permit issued by the department pursuant to title 5; or (c) as provided in title 5 or title 19 with respect to rabies control and predatory, destructive or menacing wildlife; or (d) on a registered muskrat marsh as provided in section 11-1109. Protected wildlife taken or captured in a trap shall not be killed or possessed while captive unless it is a species of wildlife for which the trap was or might lawfully have been set at the time of capture.
- In waters of the Southern Zone, as so defined, from December 5through January 31, no person shall set, place or maintain a trap of any kind except (a) spring hole trap sets for the purpose of taking fox, or (b) water sets during any open season established for the taking of muskrat, otter and beaver, or (c) traps set on a registered muskrat marsh pursuant to permit, issued as provided in section 11-1109.
- On the opening day of an open season for trap- ping, no person shall stake, set or place any trap or deadfall for the purpose of taking the species of game for which such open season is established or fixed, in the area for which such open season is established or fixed, before 7:00 A.M.
- Except as provided in subdivision 1 or 2 of section 11-0523 with respect to destructive and menacing wildlife, no person shall (a) set or use a trap of the leg-gripping type having teeth in the jaws; (b) set a trap so that wildlife when caught is suspended; (c) use, locate or set a snare or a device consisting of a noose of any material whereby an animal may be taken.
- a. No person shall set or use a trap of the leg-grip
ping type (a) having a spread of jaws exceeding 7¼” measured at right angles to the axis upon which the jaws operate and excluding the gripping surface of each jaw, when used under water during the open season for trapping beaver or otter, or (b) in any other case, except as provided in title 5 or in section 11-
1109, having a spread of jaws exceeding 5¾” as so measured.
- No person shall set or use a body gripping type
trap with a dimension of more than 7½ inches except:
(a) when used in water during the open season for trapping beaver and otter; or
(b) as further permitted by the department by regulation.
- Traps of the leg-gripping type having a spread of jaws exceeding 4″ measured as described in paragraph a of this subdivision, when set on land (excluding traps originally set in water) (a) shall be covered at the time the trap is set or visited; if the trap becomes uncovered after it is set the covering shall be replaced at the time the trap is visited; coverings shall include but not be limited to soil, sand, leaves, needles, other plant materials, and other substances as permitted by department regulation; such substances shall completely cover the jaws of the trap, and (b) shall be equipped with a pan tensioning device which shall include but not be limited to a bolt and nut, notches grooved in the pan and dog or lever, sheer pins, a spring under the pan or strip of band steel, or other devices or modifications as permitted by regulation of the department.
The dimension of the body gripping trap shall be ascertained when the trap is set in the extreme cocked position and shall be the maximum distance between pairs of contacting body gripping surfaces except for rectangular devices which shall be the maximum perpendicular distance between pairs of contacting body gripping surfaces.
- Except as provided in section 11-1109, (a) no person shall take muskrat by the use of a box, wire or cage trap, except that they may be taken in such a trap of a construction incapable of taking any species of wildlife until wildlife previously taken therein has been released; (b) except as otherwise permitted by department regulation, no person shall set, stake or use a trap within a distance of five feet from a muskrat den or house or any structure constructed by a muskrat in which it can take shelter; (c) smoke, chemicals, gas or poison shall not be used on or near any trap used to take beaver, otter, fisher, bobcat, coyote, fox, mink, raccoon, muskrat or skunk.
- Except as permitted by the department, no person shall set, stake or use a trap within a distance of fifteen feet from a beaver dam, den or house.
- No person shall take, possess or remove from any legally set trap any lawfully trapped wildlife or shall willfully disturb, destroy, take or possess, any legally set trap, without the permission of the owner of such trap.
- Traps shall not be set or placed on a public highway.
- Beaver, fisher and otter shall be taken only as permitted by the department.
- No person shall trap wildlife within one hundred feet of a dwelling, school building, school playground or church without the written consent of the owner or lessee of the property where the trap is set.
S 11-1105. Procedure.
- Traps set for taking wildlife shall bear the name and residence address of the operator legibly at all times. They shall be visited once in each twenty-four hours, except in the Northern Zone where they shall be visited once in each forty-eight hours or a shorter interval of no less than twenty-four hours as the department may, by regulation, require, and all wildlife held captive shall immediately be removed from the traps.
- Wildlife lawfully taken alive in traps may be killed in any manner, except that where the taking is pursuant to a permit or special license, it may not be killed in violation of any term of such permit or license.
S 11-0917. Possession, transportation and sale of wild game and other wildlife.
- Wild game and other wildlife, taken in this state, and parts thereof, may, if lawfully taken, be a. possessed.
- transported within the state and from within to with-out the state, and
- bought and sold, as provided in this section and in the sections of the Fish and Wildlife Law and regulations of the department to which this section refers, and not otherwise. It shall not be possessed, transported, bought or sold unless lawfully taken, nor transported, bought or sold unless lawfully possessed. Nothing in this section applies to any game which is not wild game, as defined in subdivision 2 of section 11-0103.
- Unprotected wildlife may be possessed, transported, bought and sold without restriction except as provided in subdivision 9 or subdivision 10.
- Game for propagation purposes may be transported without restriction except as provided in subdivision 8 or subdivision 10.
- The carcasses, flesh, head, hide, feet or fur of wildlife, except birds, may be bought and sold without restriction, except as provided in subdivisions 8, 9 or 10. The head, skin plumage, hide, feet or fur of wildlife may be possessed and transported without restriction except (a) as provided in section 11-0911 with respect to deer, (b) as provided in subdivision 9 with respect to birds, and (c) as provided in subdivision 8 or subdivision 10.
- Game taken and possessed in one part of the state may be transported as provided in this section by the taker, or any person who acquires it lawfully from the taker, and possessed by the taker or by such person in any part of the state for the period during which it may be possessed at the place where taken.
- Skunk, bobcat, mink, raccoon and muskrat may be bought and sold alive during their respective open seasons.
- Migratory game birds and beaver, fisher, otter, bobcat, coyote, fox, raccoon, skunk, muskrat and mink shall be possessed, transported and disposed of only as permitted by regulation of the department.
- a. The flesh of cottontail rabbits, varying hares, European hares, squirrels, bear and deer shall not be bought or sold, except as provided in section 11-1713 with respect to bear.
- Notwithstanding paragraph a of this subdivision, game legally taken may be possessed, prepared and served by a non-profit organization at any meeting for the members and guests provided that there is no charge for the meal.
- Game legally taken may be donated to, and possessed, prepared and distributed by a charitable or not-for-profit organization which serves or distributes food without cost to the poor or needy. Game or packages of game donated pursuant to this paragraph shall, notwithstanding the requirements for tagging and labelling of game contained in paragraph b of sub-division 5 of section 11-0911 of this chapter, be tagged, labelled or marked “not for sale” and such tag, label or marking shall identify the type of meat, the license number of the taker, the name and address of the professional processor of the game and the date of processing. The department shall make available instructions for the safe and sanitary preparation of game, a list of professional processors where potential donors may take their game for preparation and packaging and a list of charitable or not-for-profit organizations which accept donations of game. Professional processors, charitable and not-for-profit organizations may notify the department of their intention to participate in such distribution, and the department shall include them in its lists unless good cause otherwise exists.
- The dead bodies of birds belonging to all species or subspecies native to this state, defined in section 11-0103, subdivision 5 as protected wild birds, or belonging to any family of which any species or subspecies is native to this state, and is so defined in section 11-0103, subdivision 5 shall not be sold, offered for sale or possessed for sale, for food purposes.
- The plumage, skin or body of any wild bird shall not be sold, possessed for sale or offered for sale except as permitted by section 11-1729 or 11-1731 of the Fish and Wildlife Law.
- No live wolf, coyote, coydog, fox, skunk, venomous reptile or raccoon shall be possessed or transported, except under a license or permit issued by the department. Every such license or permit shall contain a prominent notice thereon warning the licensee or permittee of his or her duty to exercise due care in safeguarding the public from attack by such wild animal or venomous reptile and that failure to do so is a crime under section three hundred seventy of the agriculture and markets law. The provisions of the opening paragraph of section three hundred seventy of the agriculture and markets law except the last sentence thereof shall be set forth on such license or permit immediately following such warning notice.
- No wildlife shall be possessed, transported or sold contrary to the terms of any statute, or regulation, permit or license of the department, pursuant to which it was taken or acquired.
S 11-0103. Definitions.
As used in the Fish and Wildlife Law:
- “Game” is classified as (a) game birds; (b) big game; (c) small game.
- “Game birds” are classified as (1) migratory game birds and (2) upland game birds.
(1) “Migratory game birds” means the Anatidae or waterfowl, commonly known as geese, brant, swans and river and sea ducks; the Rallidae, commonly known as rails, American coots, mud hens and gallinules; the Limicolae or shorebirds, commonly known as woodcock, snipe, plover, surfbirds, sandpipers, tattlers and curlews; the Corvidae, commonly known as jays, crows and magpies.
(2) “Upland game birds” (Gallinae) means wild turkeys, grouse, pheasant, Hungarian or European gray-legged partridge and quail. Grouse means ruffed grouse and every member of the grouse family. Pheasant means the ring-necked, dark-necked and mutant pheasants and all species and subspecies of the genus Phasianus representing the true or game pheasants.
- “Big game” means deer, bear, moose, elk, except captive bred and raised North American elk (Cervus elaphus), caribou and antelope.
- “Small game” means black, gray and fox squirrels, European hares, varying hares, cottontail rabbits, native frogs, native salamanders, native turtles, native lizards, native snakes, coyotes, red fox (Vulpes vulpes) and gray fox (Urocyon cinereoargenteus) except captive bred red fox or gray fox, raccoon, opossum, or weasel, skunk, bobcat, lynx, muskrat, mink, except mink born in captivity, fisher, otter, beaver, sable, and marten but does not include coydogs.
- “Wild game” means all game, except (a) domestic game bird and domestic game animal as defined in subdivision 4; (b) carcasses of foreign game as defined in section 11-1717, imported from outside the United States and tagged as provided in section 11-1721; (c) game propagated or kept alive in captivity as provided in section 11-1907; (d) game imported alive pursuant to license of the department, or artificially propagated, until such game is liberated; and (e) game so imported or propagated when liberated for the purpose of a field trial and taken during the field trial for which it was liberated.
- a. “Domestic game bird” means ducks, geese, brant, swans, pheasants, quail, wild turkey, ruffed grouse, Chukar partridge and Hungarian or European gray-legged partridge, propagated under a domestic game breeder’s license pursuant to section 11-1901 or a shooting preserve license pursuant to section 11-1903, or propagated on a preserve or island outside the state under a law similar in principle to title 19 of this article.
- “Domestic game animal” means white-tailed deer propagated under a domestic game animal breeder’s license pursuant to section 11-1905 or propagated on preserve or island outside the state under a law similar in principle to title 19 of this article.
- To qualify as such domestic game bird or domestic game animal, (1) live game must be held in private ownership, on such licensed premises, and in the case of deer must be held on a preserve which is fenced, or is an island, as provided in section 11-1905, or must be held in confinement in course of transportation, and (2) the carcasses or flesh of such game coming from outside the state must originate on premises operated by the holder of a domestic game certificate as provided in section 11-1715.
- a. “Unprotected wild birds” means the English sparrow and starling, and also includes pigeons and psittacine birds existing in a wild state, not domesticated.
- “Protected birds” means all wild birds except those named in paragraph a of this subdivision.
- a. “Wildlife” means wild game and all other animal life existing in a wild state, except fish, shellfish and crustacea.
- “Wild bird” means birds which are “wildlife”.
- “Protected wildlife” means wild game, protected wild birds, protected insects, species of special concern and endangered and threatened species of wildlife designated by the department pursuant to section 11-0535 of this article, species listed in section 11-0535 of this article and species protected pursuant to section 11-0311 of this article.
- “Unprotected wildlife” means all wildlife which is not “protected wildlife”.
- “Wild animal” shall not include “companion animal” as defined in section three hundred fifty of the agriculture and markets law. Wild animal includes, and is limited to, any or all of the following orders and families:
(1) Non-human primates and prosimians
(2) Felidae and all hybrids thereof, with the exception of the species Felis catus(domesticated and feral cats, which shall mean domesticated cats that were formerly owned and that have been abandoned and that are no longer socialized, as well as offspring of such cats) and hybrids of Felis catus that are registered by the American Cat Fanciers Association or the International Cat Association provided that such cats be without any wild felid parentage for a minimum of five generations,
(3) Canidae (with the exception of domesticated dogs and captive bred fennec foxes (Vulpes zerda),
(5) All reptiles that are venomous by nature, pursuant to department regulation, and the following species and orders: Burmese Python (Python m. bivittatus), Reticulated Python (Python reticulatus), African Rock Python (Python sabae), Green Anaconda (Eunectes maurinus), Yellow Anaconda (Eunectes notaeus), Australian Amethystine Python (Morelia amethistina and Morelia kinghorni), Indian Python (Python molurus), Asiatic (water) Monitor (Varanus salvator), Nile Monitor (Varanus nilocitus), White Throat Monitor (Varanus albigularis), Black Throat Monitor (Varnanus albigularis ionides) and crocodile Monitor (Varanus salvadori), Komodo Dragon (Varanus komodensis) and any hybrid thereof,
- “Protected insect” means any insect with respect to the taking of which restrictions are imposed by the Fish and Wildlife Law or regulations of the department pursuant thereto.
- “Plumage” is defined in section 11-1729.
- “Shellfish” means oysters, scallops, and all kinds of clams and mussels.
- “Hunting” means pursuing, shooting, killing or capturing (other than trapping as defined in subdivision 11) wildlife, except wildlife which has been lawfully trapped or otherwise reduced to possession, and includes all lesser acts such as disturbing, harrying or worrying, whether they result in taking or not, and every attempt to take and every act of assistance to any other person in taking or attempting to take wildlife.
- “Trapping” means taking, killing and capturing wildlife with traps, deadfalls and other devices commonly used to take wildlife, and the shooting or killing of wildlife lawfully trapped, and includes all lesser acts such as placing, setting or staking such traps, deadfalls and other devices whether they result in taking or not, and every attempt to take and every act of assistance to any other person in taking or attempting to take wildlife with traps, deadfalls or other devices.
- a. “Fishing” means the taking, killing, netting, capturing or withdrawal of fish from the waters of the state by any means, including every attempt to take and every act of assistance to any other person in taking or attempting to take fish.
- “Angling” means taking fish by hook and line. It includes bait and fly fishing, casting, trolling and also includes the use of landing nets in completing the catch of fish taken by hook and line. To constitute “angling” the taking must be in accordance with the following requirements: (1) the operator must be present and in immediate attendance when lines are in the water; (2) one person may operate not more than two lines, with or without rod; (3) each line shall have not exceeding fifteen single hooks, or seven double hooks, or five triple hooks, or any combination of such hooks, provided the total number of hook points thereof does not exceed fifteen. Angling does not include snatching or hooking or the use of tip-ups.
- “Hooking” or “snatching” means taking fish not attracted to by bait or artificial lure, by snatching with hooks, gangs or similar devices, whether or not baited.
- “Net” means a non-metallic fabric wrought or woven into meshes and includes the types known as seine, gill, pound, trap, scap, fyke, dip, scoop and stake net.
- “Spear” means a hand-propelled single or multiple pronged pike, blade or harpoon, and does not include the mechanically propelled device commonly called a spear gun or under-water gun.
- “Taking” and “take” include pursuing, shooting, hunting, killing, capturing, trapping, snaring and netting fish, wildlife, game, shellfish, crustacea and protected insects, and all lesser acts such as disturbing, harrying or worrying, or placing, setting, drawing or using any net or other device commonly used to take any such animal. Whenever any provision of the Fish and Wildlife Law permits “taking”, the taking permitted is a taking by lawful means and in a lawful manner.
New York State Sanitary Code -Chapter 1, Title 10 (Health)
Here are the excerpts of the state laws referred to in this chapter that are most relevant to NWCOs. This is the way the laws actually read. Please note: accurate at time of printing but readers should check for amendments and new laws and regulations.
Part 2 – Section 2.14 Reporting of suspected rabid animals and persons exposed to them.
***Action to be taken by health authority.
- Health care provider shall mean any person or facility which gives primary or secondary medical care to humans.
- Exposure shall mean introduction of the rabies virus into the body of a human or animal. Any penetration by mouth to the skin of humans or animals constitutes a bite exposure. A non-bite exposure is a scratch, abrasion, open wound, or contamination of mucous membranes with saliva or other potentially infectious material from a rabid animal.
- Domestic livestock shall mean sheep, horses, cattle, goats and swine.
- Current vaccination shall mean the administration of a rabies vaccine suitable to the species, which meets the standards prescribed by the United States Department of Agriculture for interstate sale and is administered according to the manufacturer’s instructions under the direction of a duly licensed veterinarian not later than the expiration date on the package. Current vaccination shall begin 14 days following primary vaccination, and continue for the period stated in the manufacturer’s instructions.
- Approved vaccine shall mean any rabies vaccine which meets the standards prescribed by the United States Department of Agriculture for interstate sale.
(b) It shall be the duty of every health care provider to report immediately to the local health authority having jurisdiction the full name, age, address and telephone number of any person under his care or observation who has been exposed to any animal suspected by the health care provider of having rabies and all pertinent facts relating to such exposure. Such notification shall occur prior to starting rabies post-exposure prophylaxis, except in those cases where prior notification would compromise the health of the patient.
(c) If no health care provider is in attendance and the person exposed is a child, it shall be the duty of the parent or guardian to make such report immediately. If the person exposed is an adult, such person shall himself make the report, or, if incapacitated, it shall be made by whomever is caring for such person.
(d) It shall be the duty of every health care provider who has cause to believe that contact has occurred with a rabid animal or animal suspected of being rabid by the health care provider which requires rabies prophylaxis subsequent to the exposure to report the initiation of such prophylaxis and all pertinent facts relating to any such bite, exposure or treatment to the local health authority.
(e) It shall be the duty of every person having knowledge of the existence of an animal exhibiting clinical signs suggestive of rabies to report immediately to the local health authority the existence of such animal, the place where seen, the owner’s name, if known, and the signs of infection suggesting rabies.
(f) Whenever, in accordance with this section, the local health authority is notified of a person who has been exposed to any dog, cat, ferret or domestic livestock, vaccinated or not, the local health authority may cause the animal to be confined for 10 days. Any costs associated with this confinement shall be an expense of the animal’s owner. Such health authority may, subject to the approval of the owner, if known, cause the animal to be destroyed immediately and have the animal’s head submitted to a laboratory approved by the State Commissioner of Health for examination. The dog, cat, ferret or domestic livestock whose ownership cannot be determined may be confined for 10 days, under the direction of the local health authority. Any costs associated with this confinement shall be an expense of the party seeking this confinement. Confinement of the animal, in any case, shall be subject to such conditions and instructions, and under the control of such persons, including the owner if ascertainable, that the local health authority determines will reasonably assure the continued confinement of the animal for the prescribed 10-day period. Should the confined animal develop signs of rabies within the 10-day period, it shall be destroyed under the direction of the local health authority and submitted to a laboratory approved by the State Commissioner of Health for examination. In the case of a dog, cat, ferret or domestic livestock whose ownership cannot be determined, if confinement is not possible or desirable, the animal may be destroyed immediately and an appropriate specimen shall be submitted to a laboratory approved by the State Commissioner of Health for examination.
(1) Bats and any animal other than a dog, cat, ferret or domestic livestock suspected of being rabid shall not be held for observation and shall be destroyed immediately, without injury to the head, and may be submitted upon approval of the local health authority to a laboratory approved by the State Commissioner of Health for examination.
(g) Except as hereinafter provided, any mammal which has been bitten by or in direct contact with a known rabid animal or animal suspected by the local health authority of being rabid shall be destroyed unless it shall be isolated for a period of six months either in a veterinary hospital approved by the local health authority, or in a locked enclosure approved by the local health authority as being so constructed and maintained that the animal cannot escape and cannot have contact with any other animal or human except, when absolutely necessary, with the person responsible for the care of the confined animal. Quarantine of the animal, in any case, shall be subject to such conditions and instructions, and under the control of such persons, including the owner if ascertainable, that the health authority determines will reasonably assure the continued quarantine of the animal for the prescribed six-month period. The expense of such isolation shall be borne by the owner. Any animal currently vaccinated as defined in this section, prior to exposure, may remain at large or under the owner’s immediate control as may be required by local ordinance provided a booster injection of such approved vaccine is given within five days of the date of exposure.
(h) An animal under such restrictions shall not be removed from one health district into another prior to the conclusion of the prescribed isolation period except with the permission of the health authority from whose district such animal is to be removed and the permission of the health authority to whose jurisdiction such animal is to be transferred. The former shall give permission only after securing the consent of the health authority to whose jurisdiction the animal is to be transferred, except that if removal is to be to New York City or into another state, he shall give permission only after securing the consent of the Commissioner of Health of the State of New York. Such removal shall be by private conveyance, in charge of a responsible person and conducted in such a manner as to prevent the escape of the animal or its coming in contact with other animals or persons.
(i) The local health authority shall report forthwith to the state district health office or county health office having jurisdiction the name, age and address of every person exposed to any animal suspected of having rabies, any incident which requires rabies prophylaxis and all the pertinent facts relating to any such bite, exposure or treatment.
(j) Whenever any animal that has or is suspected of having rabies dies, or is killed, the local health authority may, at his discretion, cause the head of such animal to be removed and sent immediately, properly packed, with a complete history of the case, to a laboratory approved for this purpose by the State Commissioner of Health for examination.
(k) Whenever the disease rabies is confirmed by the State Wadsworth Center for Laboratories and Research (http://www.wadsworth.org/rabies/) in a raccoon in any county of New York State, within 30 days of notice to the county of the confirmation, all cats residing in the county who are not then actively immunized as defined in this section must be vaccinated as outlined below. Such notice will be sent to the county’s local health authority by the Commissioner of Health. Actively immunized shall mean injection of a rabies vaccine which meets the standards prescribed by the United States Department of Agriculture for interstate sale and administered according to the manufacturer’s instructions under the direction of a duly licensed veterinarian. All cats in the county, three months of age or over, are to be vaccinated to prevent rabies. This section shall not apply to cats owned by a non-resident, while passing through any town, city or village for a period not exceeding fifteen days, if entered in any exhibition at any cat show therein, and if confined and in immediate charge of the exhibitor, or to cats actually confined to the premises of incorporated societies, devoted to the care or hospital treatment of lost, strayed or homeless animals, or confined to the premises of public or private hospitals devoted to the treatment of sick animals, or confined for the purposes of research institutions, or to cats actually confined to the premises of a person, firm, or corporation actually engaged in the business of breeding or raising cats for profit and are so licensed as a class A dealer under the Federal Laboratory Animal Welfare Act, or if such vaccination would adversely affect the health of the cat as determined by a duly licensed veterinarian.
The veterinarian either administering the vaccine or responsible for supervising the vaccination shall give to the owner of the cat a signed statement. Such statement shall include the following information: name and address of the owner, date or dates of vaccination together with the type of vaccine injected and its duration of immunity, amount and manner of injection, name of manufacturer, lot number and expiration date of the vaccine. Or, if applicable, the veterinarian shall give the owner of the cat a signed statement verifying that the cat is exempt because such vaccination would adversely affect the health of the cat.
Compulsory vaccination shall remain in effect until the county presents evidence to the Commissioner that it has been one year since the last confirmed case of rabies in a terrestrial animal species.
Proof of rabies immunization must be shown by the owner to the local health authority whenever a cat bites a person. If the owner is unable to show such proof, the local health authority must follow the procedures outlined in subdivision (f) of this section.
*** See Public Health Law, Sections 2140-2146;
Agriculture and Markets Law, Sections 106-127.
CHANGED EFFECTIVE AUGUST 30, 2000