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Part 174: Sale Of Live Birds



§174.1 Definitions

As used in this Part the following terms have the following meanings:

(a) Bird breeder means a person licensed pursuant to this Part to sell captive bred birds, wild birds possessed prior to November 1, 1991 and their eggs and to apply butt-end leg bands to birds bred by the licensee.

(b) Butt-end leg band means an open ring leg band applied by a bird breeder to the leg of a captive bred bird of any age using pliers or a similar tool.

(c) Seamless leg band means a solid ring leg band applied to the leg of a newly hatched captive bred bird, incapable of being removed when the bird has reached adult size without either destroying the band or injuring the bird. To qualify as a seamless band the band must be permanently closed in such a way that it cannot be reopened without destroying the integrity of the band.

(d) Captive bred means birds born in captivity from eggs produced by captive parents.

(e) Department means the Department of Environmental Conservation.

(f) Bird means all live birds except domesticated birds such as chickens, turkeys, guinea fowl, geese, ducks, pigeons and peafowl.

(g) Person means an individual, a co-partnership, an association, a firm or a corporation.

(h) Sale means any delivery or transfer of title to or possession of a bird for a consideration, and includes offering or exposing for sale, and soliciting for sale by catalogs, newspapers, magazines or other advertising matter. Any public display of a bird in a pet store or other retail or wholesale establishment dealing in birds shall be deemed to be an offering for sale.

§174.2 Prohibition

Except as permitted by174.3 of this Part, no person may sell birds or their eggs within the State of New York.

§174.3 Permitted Sales


The following species of captive bred birds may be sold without restriction:
Species common name: Species scientific name:
Diamond dove "Geopelia cuneata"
Cockatiel (including mutations) "Nymphicus hollandicus"
Crimson rosella "Platycercus elegans"
Eastern rosella "Platycercus eximius"
Pale-headed (blue) rosella "Platycercus adscitus"
Red-rumped parakeet (including all mutations) "Psephotus haematonotus"
Bourke's parrot "Neophema bourkii"
Budgerigar (including all mutations) "Melopsittacus undulatus"
Blue-masked lovebird "Agapornis personata Var."
Zebra finch "Poephila guttata"
(Lady) Gouldian finch "Chloebia gouldiae"
Society (Bengalese) finch "Lonchura striata"
Java sparrow "Padda (Lonchura) oryzivora"
Common canary (including all varieties) "Serinus canaria"

The department may at any time consider petitions from persons regarding additions to or deletions from the above list of species of birds whose sale is permitted pursuant to this Part. Each such petition must contain information sufficient to enable the department to determine whether such species is predominantly captive bred and that its inclusion on such list will not cause additional birds to be captured and taken from the wild.

(b) Birds possessed prior to May 1, 1986 may be sold provided the seller obtains a permit from the department. The fee for such permit shall be $10. The department may require submission of documentation or other proof reasonably establishing that the bird was possessed in captivity prior to May 1, 1986.

(c) Captive bred birds bearing the identification required by174.9 of this Part may be sold. A pet store or other retail or wholesale establishment dealing in birds other than birds named in subdivision (a) of this section must maintain records, including invoices and bills of sale showing when, where and from whom such birds were acquired. Such records must be open to inspection at reasonable hours by employees of the department and must be maintained during the time such birds are possessed by the pet store or retail establishment and for three years thereafter.

(d) Birds may be sold pursuant to the terms of a bird breeder's license issued pursuant to174.4 of this Part.

(e) State, federal or local governmental agencies may sell birds.

(f) Scientific, zoological or educational institutions having a license issued by the department pursuant to section 11-0515 of the Environmental Conservation Law may sell birds.

(g) Persons having a falconry license issued pursuant to section 11-1003 of the Environmental Conservation Law may sell the progeny of lawfully possessed raptors.

(h) Domestic game birds or their eggs may be sold by a domestic game bird breeder licensed pursuant to section 11-1901 of the Environmental Conservation Law provided that all birds sold must be captive bred.

(i) The department may authorize the sale of birds by license issued pursuant to sections 11-0535 or 11-0536 of the Environmental Conservation Law or Part 182 of this Title.

(j) The department may authorize other sales which will accomplish the purposes of section 11-1728 of the Environmental Conservation Law and this Part.

(k) Pet stores and other retail or wholesale establishments dealing in birds other than those listed in subdivision (a) of this section must prominently display a sign visible to the public on the premises where such birds are offered for sale containing the following:

Notice to Customers

Only captive bred birds may be sold in New York State. With the exception of certain common species, all birds offered for sale must be marked with a band. A violation should be reported to the Department of Environmental Conservation.

The sign must include the telephone number of the nearest enforcement office of the department or a toll-free statewide enforcement number. Letters in the sign must be at least one-half inch in height and of contrasting color to the background.

§174.4 Bird Breeder's License

A bird breeder's license issued by the department entitles the holder to take the actions specified in this section.

(a) A licensee may sell captive bred birds or wild birds acquired before November 1, 1991 to other bird breeders licensed pursuant to this Part, and to scientific, zoological or educational institutions licensed pursuant to section 11-0515 of the Environmental Conservation Law. Prior to such sale the seller must provide proof acceptable to the department that such live wild bird was in his or her possession prior to such date. Such live wild birds need not be marked as required in174.9 of this Part.

(b) A licensee may apply butt-end leg bands to captive bred birds produced by birds owned by the licensee. Such bands must be from suppliers designated or approved by the department and must be of a type and style required by the department, and must be visibly marked with the licensee's identification number assigned by the department.

(c) A licensee may apply seamless bands to captive bred birds produced by birds owned by the licensee.

§174.5 Bird Breeder's License; Application

A person who wishes to be a licensed bird breeder must submit, on forms provided by the department:

(a) a statement generally describing the applicant's purpose for applying for such license;

(b) the number and species, by common and scientific name of birds to be held for breeding purposes;

(c) the address of the facility where birds will be possessed and bred, with a description of the area and facilities to be used for breeding purposes;

(d) a summary of the experience and technical expertise the applicant has had in the raising and breeding of birds, and the species and numbers bred; and

(e) any other information which the department may deem pertinent or necessary.

§174.6 Bird Breeder's License: Issuance by Department

In determining whether or not to issue a bird breeder's license, the department will give consideration to the following factors:

(a) whether the birds will be used for bona fide breeding purposes;

(b) whether the facilities described in the application are sufficient and adequate for the purpose of humanely and successfully breeding and raising captive birds of the species described;

(c) whether the applicant, by virtue of his or her background, experience and knowledge can reasonably be expected to humanely and successfully breed and raise captive birds of the species described; and

(d) the applicant's prior record of compliance with the provisions of the Environmental Conservation Law, with regulations adopted pursuant to the Environmental Conservation Law and with the conditions of licenses or permits issued pursuant to said law and regulations.

§174.7 Bird Breeder's License; Conditions

Each bird breeder's license:

(a) is valid for five years and expires on the date stamped on the front of the license; and

(b) requires that the licensee keep and maintain on the licensee's premises complete records, which must be available for inspection at reasonable hours by officers of the department, of the purchase and sale, application of butt-end and seamless leg bands, transfers, breeding loans, and births and deaths of birds held pursuant to such license; and

(c) requires that all birds possessed pursuant to such license be confined in the facility and premises described on the license, be on breeding loan to a licensed resident bird breeder or bona fide nonresident bird breeder or be in transit from or possessed at a show, exhibition or for veterinary care or educational purposes; and

(d) contains such other conditions as the department deems necessary and proper.

§174.8 Bird Breeder's License; Fee

The fee for a bird breeder's license is $100.

§174.9 Identification of Birds

(a) All captive bred birds subject to the provisions of this Part must be marked with (1) a seamless leg band, or (2) a butt-end leg band applied by a bird breeder licensed pursuant to174.4 of this Part, when the bird is offered for sale or sold except as otherwise permitted pursuant to sections 174.3 and 174.4 of this Part. Such butt-end leg bands must be visibly marked with the breeder's identifying number.

(b) In the event that a band is removed for medical reasons a veterinarian licensed in the State of New York will either apply his or her own band with his or her identifying number or apply the band of a licensed bird breeder or not band the bird. If the owner of the bird wishes to sell this bird, it must be banded as noted above and he or she must notify the department within 10 days of replacement of the band, of the date of replacement, name and address of the attending veterinarian, the reason why the band was removed and the identifying number on the replacement band.

§174.10 Penalties and Enforcement

A violation of any provision of this Part is punishable by a fine of not more than $250 or by imprisonment for not more than 15 days or by both such fine and imprisonment. In addition, a person who violates any provision of this Part is liable to a civil penalty of $60 and an additional penalty of $25 for each bird involved in the violation. A violation may also result in revocation of any license or permit issued pursuant to this Part.