Section 11-0103. Definitions

As used in the Fish and Wildlife Law:
    1. a. "Fish" means all varieties of the super-class Pisces.
    b.   "Food   fish"   means  all  species  of  edible  fish  and  squid
  (cephalopoda).
    c. "Migratory fish of the sea" means both catadromous  and  anadromous
  species  of  fish  which  live  a  part of their life span in salt water
  streams and oceans.
    d. "Fish protected  by  law"  means  fish  protected,  by  law  or  by
  regulations  of  the  department,  by restrictions on open seasons or on
  size of fish that may be taken.
    e. Unless otherwise indicated, "Trout"  includes  brook  trout,  brown
  trout,  red-throat trout, rainbow trout and splake. "Trout", "landlocked
  salmon",  "black  bass",  "pickerel",   "pike",   and   "walleye"   mean
  respectively, the fish or groups of fish identified by those names, with
  or  without  one  or  more  other  common names of fish belonging to the
  group. "Pacific salmon" means  coho  salmon,  chinook  salmon  and  pink
  salmon.
    2.  "Game"  is  classified  as (a) game birds; (b) big game; (c) small
  game.
    a. "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.
    b.  "Big  game"  means deer, bear, moose, elk, except captive bred and
  raised North American elk (Cervus elaphus), caribou and antelope.
    c. "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.
    3. "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.
    4.  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 bird 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.
    b.  "Domestic  game animal" means white-tailed deer propagated under a
  domestic game animal breeder's license pursuant to  section  11-1905  or
  propagated on a preserve or island outside the state under a law similar
  in principle to title 19 of this article.
    c.  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.
    5. a. "Unprotected wild birds" means the English sparrow and starling,
  and also includes pigeons and psittacine birds existing in a wild state,
  not domesticated.
    b. "Protected birds" means  all  wild  birds  except  those  named  in
  paragraph a of this subdivision.
    6. a. "Wildlife" means wild game and all other animal life existing in
  a wild state, except fish, shellfish and crustacea.
    b. "Wild bird" means birds which are "wildlife".
    c.  "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  11-0536  of
  this  article  and species protected pursuant to section 11-0311 of this
  article.
    d. "Unprotected wildlife" means all wildlife which is  not  "protected
  wildlife".
    e.  "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) Nonhuman 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)),
    (4) Ursidae,
    (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 (Varanus albigularis ionides)  and  Crocodile  Monitor  (Varanus
  salvadori), Komodo Dragon (Varanus komodensis) and any hybrid thereof,
    (6) Crocodylia.

    7. "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.
    8. "Plumage" is defined in section 11-1729.
    9.  "Shellfish"  means  oysters,  scallops, and all kinds of clams and
  mussels.
    10. "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.
    11. "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.
    12.  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.
    b.  "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
  more than five lures or baits, or a combination of both, and in addition
  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.
    c. "Hooking", "snatching" or "snagging" means taking  fish  that  have
  not  taken  or  attempted  to  take a bait or artificial lure into their
  mouth, by impaling fish with one  or  more  hooks  or  similar  devices,
  whether or not baited, into any part of their body.
    d.  "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.
    e.  "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.
    13. "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.
    14. "Baiting" means the placing, exposing, depositing, distributing or
  scattering of shelled, shucked, or unshucked corn, wheat or other grain,
  salt or other feed in such a manner  as  to  lure,  attract,  or  entice
  upland game birds to any area where hunters are attempting to take them;

  "baited  area" means any area where shelled, shucked, or unshucked corn,
  wheat or other grain, salt or other feed whatsoever capable  of  luring,
  attracting,  or  enticing  such  birds  is  placed,  exposed, deposited,
  distributed or scattered.
    15. "Marine district" means the waters described in section 13-0103.
    16.  a. "Northern Zone" as used in the Fish and Wildlife Law or in any
  regulation of the department pursuant thereto means  that  part  of  the
  state  situated  northerly  of a line commencing at a point at the north
  shore of the Salmon  river  and  its  junction  with  Lake  Ontario  and
  extending easterly along the north shore of that river to the village of
  Pulaski,  thence southerly along Route 11 to its intersection with Route
  49 in the village of Central Square, thence easterly along Route  49  to
  its  junction  with Route 365 in the city of Rome, thence easterly along
  Route 365 to its junction with Route  28  in  the  village  of  Trenton,
  thence  easterly  along  Route  28  to its junction with Route 29 in the
  village of Middleville, thence easterly along Route 29 to  its  junction
  with  Route 4, thence northerly along Route 4 to its junction with Route
  22, thence northerly and westerly along Route 22 to the eastern shore of
  South Bay  on  Lake  Champlain  in  the  village  of  Whitehall,  thence
  northerly  along  the eastern shore of South Bay to the New York-Vermont
  boundary.
    b. "Southern Zone" as used in the Fish and  Wildlife  Law  or  in  any
  regulation  of  the  department  pursuant thereto means that part of the
  state not included in the "Northern Zone".
    17. "Wilderness Hunting Areas" means the following areas:
    a. South branch of Moose river--West Canada creek area. Commencing  at
  a  point  in  the village of Indian Lake at the intersection of Route 28
  with Route 30, thence  southerly  along  Route  30  to  the  village  of
  Speculator  and its junction with Route 8, thence westerly along Route 8
  to its junction with Route 287, thence westerly along Route 287  to  its
  intersection  with  the Herkimer county line, thence northerly along the
  Herkimer county line to its intersection with Route 28 near the  village
  of  McKeever,  thence northerly and easterly along Route 28 to the point
  of beginning.
    b. Essex Chain Lakes area. Commencing with the village of Indian  Lake
  on Route 28, thence northwesterly on Route 28 to its junction with Route
  28-N  at the village of Blue Mountain Lake, thence northerly along Route
  28-N to the village of Long Lake, thence easterly, and  southerly  along
  Route  28-N to its junction with Route 28 in the village of North Creek,
  thence northwesterly along Route 28 to the point of beginning.
    c. Cold River area. Commencing at the village  of  Long  Lake,  thence
  northerly  along Route 30 to its junction with Route 3 in the village of
  Tupper Lake, thence easterly along Route  3  to  its  intersection  with
  Route  86 in the village of Saranac Lake, thence easterly along Route 86
  to its junction with Route 73 in the  village  of  Lake  Placid,  thence
  easterly  and  southerly  along  Route  73 to its junction with Route 9,
  thence southerly along Route 9 to the village of Schroon River  and  the
  junction  of  the  Blue Ridge road, thence westerly along the Blue Ridge
  road through the village of Blue Ridge to its junction with the  Tahawus
  road, thence southerly along the Tahawus road to its junction with Route
  28-N, thence westerly along Route 28-N to the point of beginning.
    d.  Oswegatchie-Beaver  river  flow  area and Independence river area.
  Commencing in the village of Blue Mountain Lake, thence  westerly  along
  Route  28  through  Old  Forge  to the intersection of Route 28 with the
  Adirondack state park boundary at the vicinity  of  White  Lake,  thence
  westerly  and  northerly along the Adirondack state park boundary to the
  point where said boundary crosses Route 3 between the villages  of  East
  Pitcairn  and  Fine,  thence  easterly along Route 3 to its intersection

  with Route 30 at the village of  Tupper  Lake,  thence  southerly  along
  Route 30 to the point of beginning.
    e.  Middle  branch  of  Grass river area. Commencing in the village of
  Cranberry Lake on Route 3, thence northeasterly along  Route  3  to  its
  junction with Route 56 near the village of Sevey, thence northerly along
  Route  56  to  its  intersection with the Adirondack state park boundary
  southeast of the village of South Colton, thence west  and  south  along
  said  park boundary to its intersection with the Degrasse-Cranberry Lake
  road, thence easterly and southerly along said road to its junction with
  Route 3 approximately one mile west of the  village  of  Cranberry  Lake
  thence easterly along Route 3 to the point of beginning.
    f.  West  branch of St. Regis river area. Commencing at the village of
  Tupper Lake, thence northeasterly along Route 30 to the junction of  the
  Brandon  road  leading  from  Paul  Smiths  to  St.  Regis Falls, thence
  westerly and northerly along said Brandon  road  to  its  junction  with
  Route  72  about  three miles west of the village of Santa Clara, thence
  northwesterly along Route 72 to its junction  with  the  St.  Regis-Lake
  Ozonia  road,  thence  southerly  and  westerly along the St. Regis-Lake
  Ozonia road to Lake Ozonia, thence northerly and westerly along the Lake
  Ozonia-Hopkinton road to its intersection with the Adirondack state park
  boundary, thence westerly, southerly, and westerly along the  Adirondack
  state park boundary to its intersection with the Parishville-Stark road,
  thence  southerly  along  said  road  to  the  village  of Stark, thence
  westerly along the Stark-Hubbards road to its junction  with  Route  56,
  thence  southerly  along  Route 56 to its junction with Route 3 near the
  village of Sevey,  thence  easterly  along  Route  3  to  the  point  of
  beginning.
    18. "Inhabited" means a permanent occupancy by a species as contrasted
  with a temporary presence of an occasional individual.
    19.  a.  "Person"  means  an individual, a co-partnership, joint stock
  company or corporation.
    b. In construing any provision of the Fish and  Wildlife  Law,  gender
  and number shall be disregarded whenever necessary to give effect to the
  purpose of the provision.
    c. A reference to the "immediate family" of a person means all persons
  who  are  related  by  blood,  marriage  or adoption to the person whose
  immediate family is referred to, and are domiciled in the house of  such
  person.
    20.  "Environmental  conservation  officer" includes sworn officers in
  the division of law enforcement in the department.
    21. "Carrier" means a person engaged in the business  of  transporting
  goods,  and  includes  a  common  carrier,  contract carrier and private
  carrier.
    22. "Closed area" means any area of lands, or  waters,  or  lands  and
  waters  of the state, in which the taking of fish, wildlife or protected
  insects, or one or more of them, is prohibited,  or  in  which  hunting,
  fishing  or  trapping, or one or more of them, is prohibited by the Fish
  and Wildlife Law, by proclamation of the Governor  pursuant  to  section
  9-1101, or by rule or regulation of the department.
    23. a. "Open season" means the time during which fish, game, wildlife,
  shellfish,  crustacea or protected insects may be legally taken. "Closed
  season" means the time during which they may not legally be taken.
    b. Whenever an open season or a  closed  season  is  provided  by  the
  fixing  of dates, such dates shall be deemed part of such open season or
  closed season.
    24. "Enclosed lands"  or  "wholly  enclosed  lands"  means  lands  the
  boundaries of which may be indicated by wire, ditch, hedge, fence, road,
  highway  or  water,  or  in  any  visible  or  distinctive  manner which

  indicates a separation from the surrounding contiguous territory. Except
  as otherwise provided, any such indication of boundaries  is  sufficient
  to constitute the lands within the boundaries "enclosed".
    25. "Hunting accident" means the injury to or death of a person caused
  by  the  discharge of a firearm or longbow while the person causing such
  injury or  death,  or  the  person  injured  or  killed,  is  taking  or
  attempting to take game, wildlife or fish.
    26.  "Muzzle  loading firearm" means a gun which is loaded through the
  muzzle, shooting a single projectile and having a minimum  bore  of  .44
  inch.
    27.  "Leashed  tracking  dog"  means  a  leashed  dog  which  has been
  certified by the department pursuant to section 11-0928 of this  chapter
  to track and find wounded or injured big game.
    28. "Captive bred" means born in captivity.
    29.  "Non-native  big  game  mammal"  means a mammal species presently
  found in the wild and hunted as big game that is:
    a. Native or an original inhabitant of the continents of Africa, Asia,
  South America, Australia, or Europe, whether or not captive bred; or
    b. A captive bred North American big game  mammal  including:  cougar,
  wolf,  bear,  bison,  big horn sheep, mountain goat, antelope, elk, musk
  ox, mule deer, black tailed deer, caribou, swine, and  a  domestic  game
  animal  as  defined  in paragraph b of subdivision four of this section,
  provided, however, that  nothing  herein  shall  be  deemed  to  expand,
  diminish,  or alter the department's authority under existing statute or
  regulation to regulate the taking of big game as defined in paragraph  b
  of  subdivision  two  of  this  section  or  other protected wildlife as
  defined in paragraph c of subdivision six of this section.
    30. "Facility" means any type of zoo, petting zoo, circus, game  farm,
  game  preserve, or similar entity, or part thereof, where non-native big
  game mammals are housed, held, fed or provided for in any manner.
    31.  "Pet"  means  an  animal  kept  for  the   primary   purpose   of
  companionship  that  is  normally maintained in or near the household of
  the owner or person who cares for such domesticated animal.
    32. "Wildlife sanctuary" means an organization as described in section
  170(b)(1)(A)(vi) of the Internal Revenue Code of 1986  and  that  is  in
  compliance  with  all applicable provisions of the Animal Welfare Act, 7
  USC Sec. 2131 et seq. and operates  a  place  of  refuge  where  abused,
  neglected,  unwanted,  impounded, abandoned, orphaned, or displaced wild
  animals are provided  care  for  their  lifetime  or  rehabilitated  and
  released  back to their natural habitat, and, with respect to any animal
  owned by the organization, does not:
    a. Use the animal for  any  type  of  entertainment,  recreational  or
  commercial  purpose  except  for the purpose of exhibition as defined by
  the department;
    b. Sell, trade, lend or barter the animal or the animal's body  parts;
  or
    c. Breed the animal.