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Part 180: Miscellaneous Regulations

(Statutory authority: Environmental Conservation Law, §§ 3-0301, 11-0107, 11-0303[1], 11-0305, 11-0325, 11-0511)

[Last Amended April 23, 2014]

Contents:

Sec.

§180.1 Wildlife dangerous to health or welfare

(a) Purpose. The purpose of this section is to list species of wildlife which present a danger to the health or welfare of the people of the State, individual residents, or indigenous wildlife populations.

(b) Prohibitions. No person may possess, release, transport, import or export, or cause to be released, transported, imported or exported, except under permit from the department, any of the following live wildlife: all subspecies of the lion (Panthera leo), the raccoon dog (Nyctereutes procynides), and any animal, the overall appearance of which makes it difficult or impossible to distinguish it from a wolf (Canis lupus) or a coyote (Canis latrans).

(c) Permits. Permits issued pursuant to this section may contain terms, conditions and standards designed to protect the public, individual residents, and indigenous wildlife populations of the State, as well as terms and requirements regarding food, shelter, care and caging to ensure humane treatment and safe captive conditions of the listed species. Such permits may be issued only for scientific, educational or exhibitory purposes. Persons in possession of a listed animal on the effective date of this section will, upon application, be issued a permit authorizing continued possession. The permit fee is $10.

(d) Seizure. Environmental conservation officers, forest rangers and members of the State Police may seize listed species of wildlife possessed without permit. No action for damages will lie for such seizure, and the manner of disposition of seized animals shall be at the discretion of the department.

§180.2 Seizure of diseased native fish and feral animals

(a) When an environmental conservation officer or other authorized employee of the department determines or has substantial reason to believe that a native fish or feral animal which has been taken possesses an epizootic disease which endangers the health and welfare of native fish or feral animal populations, he shall seize such native fish or feral animal in the public interest to prevent the development, spread or introduction of such disease.

(b) Upon the seizure of such native fish or feral animal, an environmental conservation officer or such authorized employee of the department shall issue to the taker of such native fish or feral animal a special permit to take another specimen of the same species as that seized, provided such native fish or feral animal had been legally taken. Such special permit shall be valid only during the open season for such native fish or feral animal in effect at the time of issuance.

(c) In the event the taker wishes to retain such native fish or feral animal because it is of trophy status, the department will, where practical, attempt to decontaminate such native fish or feral animal and return it to the taker. The cost of such decontamination shall be borne by the taker. If such native fish or feral animal is returned to the taker, a special permit as provided in subdivision (b) of this section shall not be issued.

§180.3 Definition and use of firearms, guns, and airguns

For the purposes of the Fish and Wildlife Law and this Title:

(a) The terms "firearm" or "gun" shall mean any rifle, pistol, shotgun or muzzleloading firearm which by force of gunpowder, or an airgun as defined in subdivision (b), that expels a missile or projectile capable of killing, wounding or otherwise inflicting physical damage upon fish, wildlife or other animals.

(b) The term "airgun" shall mean any implement which by the force of a spring, air or other non-ignited compressed gas expels a missile or projectile and has a rifled or smooth barrel, using ammunition no smaller than .17 caliber, producing projectile velocities of not less than 600 feet per second. For the purposes of the Fish and Wildlife Law, an implement meeting the above specifications shall be considered a firearm or gun, and may be used to take protected wildlife whenever such protected wildlife may legally be taken with a rimfire rifle.

(c) The term taken down shall mean:

(1) separating the action from the barrel of a long gun which is designed to be dismantled without the use of tools; and

(2) rendering inoperable a long gun which is not designed to be dismantled without tools, so as to require tools to restore such long gun to an operable condition. A bolt action firearm with the bolt removed shall not be considered "taken down" unless it is otherwise dismantled as provided in this subdivision.

(d) "Pistol" means a firearm intended to be aimed and fired with one hand, and having a barrel length not exceeding sixteen inches.

§180.4 Definition of resident owners or lessees actually occupying and cultivating farm lands

For the purposes of the Fish and Wildlife Law and this Title, the following phrases and words shall have the indicated meanings:

(a) Resident owners or lessees or their immediate families actually occupying and cultivating farm lands shall mean owners or lessees living continuously on a farm and deriving revenue therefrom, who are primarily, personally, and bona fide engaged in farming although they do not

(1) spend all of their time in such activity,

(2) work the farm without assistance, or

(3) refrain from engaging in secondary activities.

(b) Farm shall mean one or more tracts of land under single control devoted to agriculture, either to raising crops or pasture, or both.

(c) Farm crops may consist of, but not necessarily be limited to, grain, forage, fruit, vegetable, bee, fur, tree, sod, livestock, dairy, or any other product of the soil.

§180.5 Definition of trout waters

For the purposes of the Fish and Wildlife Law and this Title, the terms trout waters, trout streams, trout ponds and trout lakes shall mean those waters, streams, ponds and lakes inhabited (as defined by section 11-0103 of the Environmental Conservation Law) by trout. Waters, streams, ponds and lakes listed in Subchapter B of Chapter X of this Title for which a standard (T) or (Ts) is designated are trout waters for the purposes of the Fish and Wildlife Law.

§180.6 Free sport fishing days

The term free sport fishing days shall mean the weekend (Saturday and Sunday) which includes the last Saturday in the month of June. On free sport fishing days, the sport fishing license requirement of the Fish and Wildlife Law is suspended. All other provisions of such law with respect to sport fishing shall remain in full force and effect during free sport fishing days. Any and all other rules, regulations and permit requirements shall also remain in full force and effect.

§180.8 Definition of archery equipment

For the purposes of the fish and Wildlife Law and this title a barbed broadhead shall be any arrowhead with a protrusion forming a hook, notch or backward point which impedes withdrawal of an arrow when the arrow is pulled from the flesh of an animal. The physical measurement which determines if a blade or other protuberance is barbed is the angle of the rear edge of the protuberance in relation to the arrow shaft or the forward projection of the arrow shaft. If the real edge of the protuberance is perpendicular to the shaft, or angles forward as it progresses outward from the shaft, then the protuberance is not barbed. If any part of the rear edge of the protuberance angles toward the rear as it progresses outward from the shaft, then the broadhead is a barbed broadhead. Notwithstanding the above definition, a protuberance which appears to form a barb, but freely swings forward to a non-barbed position upon withdrawal of the arrow shall not be considered a barb; and a notch at the base of a blade extending no more than two millimeters from the shaft shall not be considered a barb.

§180.9 Fish Dangerous to Indigenous Fish Populations

(a) Purpose. The purpose of this section is to list species of native or non-native fish that present a danger to the health or welfare of indigenous fish populations, and to the health or welfare of people of the state.

(b) Prohibitions.

(1) Except as provided in subdivisions c and d of this section, no person shall buy, sell or offer for sale, possess, transport, import or export, or cause to be transported, imported or exported live individuals or viable eggs of the following species of fish, which the Department of Environmental Conservation (department) has determined present a danger to indigenous fish populations:

(i) Silver carp (Hypophthalmicthys molitrix)

(ii) Bighead carp (Hypophthalmichthys nobilis)

(iii) Black carp (Mylopharyngodon piceus)

(iv) Snakehead fish of the genera Channa and Parachanna (or the generic synonyms of Bostrychoides, Opicephalus, Ophiocephalus, and Parophiocephalus) of the Family Channidae, including but not limited to:

(a) Channa amphibeus (Chel or Borna snakehead)

(b) Channa argus (Northern or Amur snakehead)

(c) Channa asiatica (Chinese or Northern Green snakehead)

(d) Channa aurantimaculata

(e) Channa bankanensis (Bangka snakehead)

(f) Channa baramensis (Baram snakehead)

(g) Channa barca (barca or tiger snakehead)

(h) Channa bleheri (rainbow or jewel snakehead)

(i) Channa cyanospilos (bluespotted snakehead)

(j) Channa gachua (dwarf, gaucha, or frog snakehead)

(k) Channa harcourtbutleri (Inle snakehead)

(l) Channa lucius (shiny or splendid snakehead)

(m) Channa maculata (blotched snakehead)

(n) Channa marulius (bullseye, murrel, Indian, great, or cobra snakehead)

(o) Channa maruloides (emperor snakehead)

(p) Channa melanoptera

(q) Channa melasoma (black snakehead)

(r) Channa micropeltes (giant, red or redline snakehead)

(s) Channa nox

(t) Channa orientalis (Ceylon of Ceylonese Green snakehead)

(u) Channa panaw

(v) Channa pleurophthalmus (ocellated, spotted, or eyespot snakehead)

(w) Channa punctata (dotted or spotted snakehead)

(x) Channa stewartii (golden snakehead)

(y) Channa striata (chevron or striped snakehead)

(z) Parachanna africana (Niger or African snakehead)

(aa) Parachanna insignis (Congo, square-spotted African, or light African snakehead)

(bb) Parachanna obscura (dark African, dusky or square-spotted snakehead)

(2) No person shall liberate to the wild any species listed in this section, cause such species to be liberated to the wild or allow such species to exist in a state or condition where it is likely to escape into the wild.

(c) Permits. The department may issue permits, the term of which shall not exceed one year, to possess, transport, import or export species of live fish listed in this section only for educational, exhibition or scientific purposes, as defined in section 175.2 of this chapter. Permits issued pursuant to this section may contain terms, conditions and standards designed to prevent escapement while fish species listed in the permit are held in captivity, and to ensure safe disposition of those species following expiration of the permit or cessation of the permitted activity. The permit fee shall be $500, except that the fee may be waived for bona fide employees, representatives or affiliates of accredited colleges or universities, research institutions, government agencies, or public museums or aquariums.

(d) Seizure. Environmental conservation officers, forest rangers and members of the state police may seize species of fish listed in this section that are possessed without a permit. No action for damages shall lie for such seizure, and disposition of seized animals shall be at the discretion of the department.

§180.10 Game Species Reporting

(a) Applicability. This section applies to reporting the harvest of deer, bear, and wild turkey.

(b) Deer, bear, and wild turkey. A hunter who has taken a deer, bear, or wild turkey shall, within 7 days of taking the animal, report the harvest via one of the following methods:

(1) By telephone, calling the number advertised on the department's web-site and published in the current Hunting and Trapping Law and Regulations Guide;

(2) By internet via a web-site designated by the department;

(3) By any other means as described in the current Hunting and Trapping Law and Regulations Guide.

§180.11 Sale of eggs from trout, lake trout, and Atlantic salmon

Except as permitted under section 11-1909 of the Environmental Conservation Law for private trout and bass hatcheries, no person shall buy, sell, offer or expose for sale, trade, barter, or cause to be bought or sold eggs from any trout, lake trout or Atlantic salmon.

§180.12 Eurasian boar

(a) Prohibitions.

(1) No person shall hunt, trap, take or engage in any activity, including the use of dogs, that is likely to result in the taking of any free-ranging Eurasian boar, as defined in Environmental Conservation Law section 11-0514. "Free-ranging" shall mean any Eurasian boar that is not lawfully possessed within a completely enclosed or fenced facility from which the animal cannot escape to the wild.

(2) No person shall disturb, move, destroy, tamper with, obstruct, damage, open or interfere with any lawfully set Eurasian boar trap, net or capture device. No person shall release, remove or transport any live Eurasian boar caught in any trap, net or capture device.

(3) Exceptions. This section shall not apply to any state or federal agency, to any member of a law enforcement agency acting in accordance with their official duties, or to any other person permitted to take Eurasian boar pursuant to Environmental Conservation Law section 11-0521 or section 11-0523. Any person who takes a free-ranging Eurasian boar pursuant to any of the above exceptions shall promptly notify the Department and follow all instructions given by the Department with respect to handling and disposition of the carcass.