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Part 189: Chronic Wasting Disease

(Statutory authority: Environmental Conservation Law, §§ 3-0301, 11-0325, 11-1905)

[Last amended January 30, 2013]

Contents:

Sec.

§189.1 Findings and Purpose.

The Department of Environmental Conservation hereby finds that chronic wasting disease, a fatal transmissible neurodegenerative disease which endangers the health and welfare of wildlife populations and captive cervids, has been confirmed to exist in New York State. The nature of chronic wasting disease requires prompt and extraordinary actions to address the threat posed by this disease. The purpose of this rule is to prevent further introduction of this disease into New York, to contain the spread of this disease within New York, to prevent exportation of this disease outside of New York, and to protect the health of wild white-tailed deer ("Odocoileus virginianus") and wild moose ("Alces alces") in New York.

§189.2 Definitions.

For purposes of this Part, the following definitions shall apply:

(a) Department means the Department of Environmental Conservation.

(b) Person means an individual, a co-partnership, joint stock company or corporation.

(c) Genus Cervus means the following species and hybrids: Thorold's Deer (C. albirostris), Visayan Deer (C. alfredi), Barasingha (C. duvaucelii), Elk (Red Deer, Wapiti)(C. elaphus), Eld's Deer (Thamin) (C. eldii), Philippine Sambar (C. mariannus), Sika Deer (C. nippon), Schomburgk's Deer (C. schomburgki), Sunda Sambar (C. timorensis) and Sambar (C. unicolor).

(d) Genus Odocoileus means the following species and hybrids: Mule Deer (O. hemionus), Black-tailed Deer (O. hemionus columbianus) and White-tailed Deer (O. virginianus).

(e) Genus Alces means the following species and hybrids: Moose (Alces alces).

(f) Feed or Feeding means the act of using, placing, giving, exposing, depositing, distributing or scattering any material, or any act to maintain the availability of such material, that attracts wild white-tailed deer to feed on such material including the distribution of such material in deer wintering areas.

(g) Wild means an animal existing in a wild state.

(h) Captive means an animal that is privately or publicly maintained or held for any purpose within a perimeter fence or other confined space.

(i) Captive-bred means born in captivity.

(j) CWD Containment Area means an area identified in Section 189.7 of this Part in which chronic wasting disease has been detected, and which is subject to special conditions in order to effect the purposes of this Part.

(k) Retail sale or Sell at Retail shall mean the sale to any person in the state for any purpose other than for resale.

§189.3 Prohibitions.

Notwithstanding any other provision of this Chapter to the contrary, the following prohibitions shall apply:

(a) Importation of Animals of the Genus Cervus, Genus Odocoileus, or Genus Alces. No person shall import into New York State any wild or captive animal of the Genus Cervus or the Genus Odocoileus or the Genus Alces except under permit issued by the New York State Department of Agriculture and Markets, in consultation with the Department, pursuant to Section 68.2 of Title 1 NYCRR.

(b) Feeding Wild White-tailed Deer or Wild Moose in New York. No person shall feed wild white-tailed deer or wild moose at any time in New York State except:

(1) under a license or permit issued by the Department pursuant to Article 11, Title 5 of the Environmental Conservation Law for bona fide scientific research, mitigation of wildlife damage or nuisance problems, or wildlife population reduction programs only; or

(2) by planting, cultivating or harvesting of crops directly associated with bona fide agricultural practices, including planted wildlife food plots; or

(3) by distribution of food material for livestock directly associated with bona fide agricultural practices; or

(4) by distribution of food material for legally possessed captive animals of the Genus Cervus or the Genus Odocoileus or the Genus Alces; or

(5) by cutting of trees or brush.

(c) Distribution of Certain Food Materials. No person shall feed any wild or captive animal of the Genus Cervus or the Genus Odocoileus or the Genus Alces with any material that contains protein derived from any mammalian tissues.

(d) Importation and Possession of Certain Animal Parts. No person shall import into New York or possess the brain, eyes, spinal cord, tonsils, intestinal tract, spleen, or retropharyngeal lymph nodes, or any portion of such parts, of wild, captive, or captive-bred animals of the Genus Cervus or the Genus Odocoileus or the Genus Alces obtained from or taken outside New York, or any carcass containing such parts, except that:

(1) such parts, or carcasses containing such parts, may be imported and possessed as specimens in a bona fide laboratory research study provided that such parts or specimens are disposed of in accordance with accepted laboratory practices;

(2) such parts, or carcasses containing such parts, may be shipped or transported through New York as provided in Section 189.5 of this Part;

(3) such parts, or carcasses containing such parts, may be imported and possessed pursuant to paragraph (1) of subdivision (e) of this Section.

(e) Importation of Carcasses and Parts. No person shall import into New York or possess in New York the carcasses or parts of wild, captive, or captive-bred animals of the Genus Cervus or the Genus Odocoileus or the Genus Alces obtained from or taken outside New York, except that:

(1) carcasses and parts of wild animals of the Genus Cervus or the Genus Odocoileus or the Genus Alces taken in the following states and provinces may be imported and possessed provided that all such carcasses and parts are marked as described in Section 189.4 of this Part:

(i) United States: Alabama, Connecticut, Delaware, Florida, Georgia, Kentucky, Maine, Massachusetts, Mississippi, New Hampshire, New Jersey, North Carolina, Ohio, Rhode Island, South Carolina, Tennessee, and Vermont.

(ii) Canada: New Brunswick, Newfoundland, Nunavut, Ontario, Prince Edward Island, and Quebec.

(2) carcasses and parts of wild animals of the Genus Cervus or the Genus Odocoileus or the Genus Alces taken outside New York, except for those states and provinces listed in paragraph 1 of this subdivision, may be imported and possessed provided that the parts listed in subdivision (d) of this section have been removed.

(3) carcasses and parts of captive or captive-bred animals of the Genus Cervus or the Genus Odocoileus or the Genus Alces taken or obtained from outside New York may be imported and possessed provided that the parts listed in subdivision (d) of this section have been removed.

(4) any meat of wild animals of the Genus Cervus or the Genus Odocoileus or the Genus Alces may be imported and possessed provided that such meat does not contain any parts listed in subdivision (d) of this section.

(5) the following parts may be imported and possessed: the hide; the cape; the antlers; the cleaned skull-cap with antlers attached; finished taxidermy mounts; tanned hides; and the upper canine teeth.

(6) carcasses and parts may be transported and shipped through New York as provided in Section 189.5 of this Part.

(f) Liberation of Wild or Captive Animals. No person shall:

(1) liberate or release to the wild in New York any captive or captive-bred animal of the Genus Cervus or the Genus Alces or the Genus Odocoileus except for wild white-tailed deer (O. virginianus) held in temporary captivity under license or permit issued by the Department pursuant to Environmental Conservation Law Sections 11-0507 or 11-0515(3) and 6 NYCRR Part 184 of this Chapter; or

(2) liberate or release to the wild in New York any wild animal of the Genus Alces or the Genus Cervus or the Genus Odocoileus except under license or permit issued by the Department pursuant to Environmental Conservation Law Sections 11-0507 or 11-0515(3) and 6 NYCRR Part 184 of this Chapter.

(g) Transportation of captive animals. No person shall transport within New York any captive animal of the Genus Cervus or the Genus Odocoileus or the Genus Alces except under permit issued by the New York State Department of Agriculture and Markets pursuant to 1 NYCRR 68.2.

§189.4 Marking of Carcasses and Parts.

All carcasses and parts of any wild animal of the Genus Cervus or the Genus Odocoileus or the Genus Alces imported into New York, or packages or containers containing such carcasses or parts, shall be affixed with a legible label bearing the following information: the species of animal, the state, province, or country where the animal was taken, and the name and address of the person who took the animal.

§189.5 Transportation or Shipment of Carcasses and Parts Through New York.

A person may transport or ship carcasses or parts of any wild or captive animals of the Genus Cervus or the Genus Odocoileus or the Genus Alces through New York provided that all such carcasses and parts are not disposed of in any manner or delivered to any person in New York.

§189.6 Special Provisions.

(a) Any person who imports into New York a carcass or part or possesses an imported carcass or part of an animal of the Genus Cervus or the Genus Odocoileus or the Genus Alces and who is notified that such animal has tested positive for chronic wasting disease must report such test results to the Department within 24 hours of receiving such notification. Test results shall be reported to the Department either by mail or telephone at the following address and phone number:

Mail: Director, Division of Fish, Wildlife and Marine Resources, NYSDEC, 625 Broadway, Albany, NY 12233-4750

Telephone: (518) 402-8923

(b) The Department may immediately seize any carcass or part of an animal of the Genus Cervus or the Genus Odocoileus or the Genus Alces if the carcass or part is imported or possessed in violation of the provisions of this Part or if the animal has tested positive for chronic wasting disease.

(c) The Department may immediately seize, quarantine and euthanize any animals of the Genus Cervus or the Genus Odocoileus or the Genus Alces that are imported or possessed in violation of the provisions of this Part.

(d) The Department may direct any person possessing any animals of the Genus Cervus or the Genus Odocoileus or the Genus Alces suspected of having chronic wasting disease to comply with any measures that are deemed necessary to prevent or mitigate the spread or introduction of chronic wasting disease.

(e) Department staff may euthanize, using firearms or other means, any wildlife which is at large and is suspected of having been exposed to or having chronic wasting disease.

(f) Pursuant to the Department's authority under ECL 11-0325, the Department may undertake any additional measures it deems necessary to eliminate, reduce, or confine chronic wasting disease or to prevent chronic wasting disease from entering the State.

§189.7 CWD Containment Area.

(a) CWD Containment Areas. The department may establish CWD containment areas in the event that CWD is discovered to exist in captive or wild deer or wild moose in New York. CWD containment areas shall be established by the Department through publication of a notice in the Environmental Notice Bulletin. Such notice shall identify the boundaries of the containment area(s). Upon publication of notice of a CWD containment area, the provisions of this section shall apply to the identified area. The department shall also publicize the establishment of a CWD containment area through press release and by posting notice on the department's website.

(b)Exportation of certain animal parts from a CWD Containment Area. No person shall remove from the CWD containment area the brain, eyes, spinal cord, tonsils, intestinal tract, spleen, or retropharyngeal lymph nodes, or any portion of such parts, of wild, captive, or captive-bred animals of the Genus Cervus or the Genus Odocoileus or the Genus Alces obtained from or taken within the CWD containment area, or any carcass containing such parts, except under permit issued by the department or as authorized by subdivision (g) of this section.

(c) Mandatory check of deer taken within a CWD containment area. All statutes, rules and regulations governing the taking of wild white-tailed deer apply within the CWD containment area. In addition, the following restrictions apply:

(1) All wild white-tailed deer taken within a CWD containment area during the open hunting seasons for deer shall be registered at a designated DEC check station located within the CWD containment area. The department shall post on the DEC website (www.dec.state.ny.us) and publish in the Environmental Notice Bulletin information regarding deer check station locations within the containment area and times of operation.

(2) Any person required to register a deer at a DEC check station pursuant to this section shall bring to the check station:

(i) The field dressed deer carcass, or

(ii) The deer head, which shall be unfrozen, with antlers still attached (if any), with approximately three inches of neck still attached, and marked with a tag bearing the printed name, signature, and address of the person who took the deer, and the carcass tag documentation (doc) number, season of kill, date of kill and location of kill. The deer head tag shall be provided by the person registering the deer.

(3) Any person required to register a deer at a DEC check station pursuant to this section shall allow DEC staff to collect and retain tissue samples from the deer to test for the presence of CWD.

(d) Possession of deer or moose killed by collision. Notwithstanding the provisions of Environmental Conservation Law section 11-0915, the owner of a motor vehicle which has been damaged by collision with a deer or moose within a CWD containment area is prohibited from possessing such deer or moose, and no permit for possession of the deer or moose carcass shall be issued to the vehicle owner or to any other party.

(e) Deer, moose, and elk urine. No person shall collect, possess, transport or sell the urine of any deer, moose or elk located or taken within the CWD containment area.

(f) Rehabilitation of wild white-tailed deer or wild moose.

(1) No person, including any licensed wildlife rehabilitator, shall take, capture, possess, or transport wild white-tailed deer or wild moose for the purpose of rehabilitation within a CWD containment area.

(2) No person shall import into a CWD containment area, from outside such CWD containment area, any live wild white-tailed deer or wild moose for any purpose.

(g) Disposal of carcasses and parts. No person shall dispose of carcasses and parts of animals of the Genus Cervus or the Genus Odocoileus or the Genus Alces in a CWD containment area, except those parts removed in the field during normal field dressing, unless such parts shall be disposed of in a landfill authorized pursuant to Part 360 of this Title. Transfer or treatment of the waste prior to disposal, at a facility authorized pursuant to Part 360 of this Title, is acceptable.

§189.8 Taxidermy.

(a) No person who engages in the art or operation of preparing, stuffing, and mounting the skins or other parts of animals of the Genus Cervus or the Genus Odocoileus or the Genus Alces shall allow live cervids to come in contact with any materials, including taxidermy materials, and any waste generated from taxidermy.

(b) In addition to the requirements of Environmental Conservation Law Section 11-1733, any person who engages in the art or operation of preparing, stuffing, and mounting the skins or other parts of animals of the Genus Cervus or the Genus Odocoileus or the Genus Alces shall maintain and keep in their taxidermy shop or place of business a taxidermy log that includes the following information for each specimen of the Genus Cervus or the Genus Odocoileus or the Genus Alces:

(1) common name of the species submitted for mounting and a description of the specimen;

(2) name, address and telephone number of the person who submitted the animal for mounting;

(3) date the animal was received for mounting;

(4) hunting license number used by the person who took the animal or the carcass tag number used by the taker to tag the animal;

(5) state or province in which the animal was taken;

(6) county and town in which the animal was taken; and

(7) date on which the animal was taken.

(c) Taxidermy logs shall be updated within 48 hours of the receipt of each animal or specimen.

(d) Original taxidermy logs for the current year and for previous two years shall be maintained at the taxidermy shop or place of business.

(e) Conservation officers and other persons authorized by the department shall have access to the taxidermy logs at all times and photocopies of such documents must be provided upon request.