Section 11-0523. Destructive or menacing wildlife; taking without permit  


Latest version.
  • 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.