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Part 183, Sections 183.1, 183.2 and 183.4 - License Issuing Officers & Part 184, Sections 184.3, 184.4 and 184.6 - Wildlife Rehabilitators - Express Terms - Adopted September 14, 2016

Express Terms

Title 6 of the Codes, Rules and Regulations of New York State, Part 183, License - Issuing Officers, is amended as follows:

Subdivision (c) of section 183.1 is amended; subdivision 183.2(a) is amended, subdivision 183.2(b) is removed, subdivisions 183.2(c)-(e) are renumbered to be subdivisions (b)-(d) and a new subdivision (e) is added; subdivision 183.3(a) is amended.

Part 183: License - Issuing Officers

§183.1 Definitions

(c) Licenses mean all resident and nonresident hunting, fishing, trapping,[ big game,] bowhunting and muzzleloading licenses and [stamps ]privileges and other special licenses or permits, issued pursuant to Environmental Conservation Law, section 11-0713.

§183.2 Qualifications for Appointment as a License Issuing Officer

A person may be eligible for appointment as a license issuing officer if the following requirements have been met:

(a) Applicant is over the age of 18 years and[,] meets the residency requirements, if any, contained in Environmental Conservation Law, section 11- 0713(1)(a)[(4), is of good character and reputation in the community and furnishes three business references attesting thereto.

(b) Applicant has not been convicted of or pleaded guilty to a misdemeanor under the Environmental Conservation Law within the past three years, and has not been convicted of a crime under any other law](3).

[(c)](b) There are no outstanding liens against or judgments in the name of the proprietor.

[(d)](c) The proprietor conducts a business catering to the needs of hunters, trappers or fishermen for at least three months each year.

[(e)](d) The annual license sales at the place of business are at least 100 in the third and subsequent years of appointment.

(e) If the applicant has been convicted of one or more criminal offenses, he or she must be found eligible after a balancing of the factors set out in Article 23-A of Correction Law. In accordance with that Article, no license shall be denied by reason of the applicant having been previously convicted of one or more criminal offenses unless (i) there is a direct relationship between one or more of the previous criminal offenses and the duties required of the license or (ii) licensing the applicant would involve an unreasonable risk to property or the safety or welfare of a specific individual or the general public. In determining these questions, the agency will look at all factors listed under New York State Correction Law Section 753.

§183.3 Qualifications for Appointment as an Assistant License Issuing Officer

(a) A license issuing officer may nominate for appointment as assistant license issuing officers employees in [his]their place of business.

Title 6 of the Codes, Rules and Regulations of the State of New York, Part 184, Wildlife Rehabilitators, is amended as follows:

Paragraph 184.3(a)(1) is amended; paragraph 184.3(a)(2) is removed and paragraphs (3) and (4) of subdivision (a) are renumbered as paragraphs (2) and (3) and a new paragraph (4) is added. Subdivision (a) of section 184.4 is amended. Paragraphs 184.6(a)(4), (5), (7) and (8) are amended; subdivision 184.6(b) is amended.

§184.3 Qualifications for appointment

(a) The Class I Wildlife Rehabilitator and Class II Wildlife Rehabilitator must:

(1) be over the age of 16 years[,] and a resident of New York State[, of good character and reputation in the community as judged by two character references written by persons not related to the applicant or to each other;

(2) not have been convicted of or pleaded guilty to a violation or misdemeanor under the Environmental Conservation Law or settled and compromised a civil liability therefor, nor have been convicted of any misdemeanor or felony within the previous three years];

[(3)](2) receive a grade of 80 percent or higher on a written examination administered by the department and designed to test knowledge in the field of wildlife rehabilitation;[ and]

[(4)](3) be interviewed, by a regional department employee responsible for the wildlife rehabilitation program, to assess the applicant's proficiency in wildlife rehabilitation[.]; and

(4) if convicted of one or more criminal offenses, be found eligible after a balancing of the factors set out in Article 23-A of Correction Law. In accordance with that Article, no license shall be denied by reason of the applicant having been previously convicted of one or more criminal offenses unless (i) there is a direct relationship between one or more of the previous criminal offenses and the duties required of the license or (ii) licensing the applicant would involve an unreasonable risk to property or the safety or welfare of a specific individual or the general public. In determining these questions, the agency will look at all factors listed under New York State Correction Law Section 753.

§184.4 Additional criteria for appointments

(a) The Class II Wildlife Rehabilitator may be assisted by and provide training to one or more assistant wildlife rehabilitators upon approval by the department of an outline of training methods and procedures to assure control over the activities of appointed assistant wildlife rehabilitators, [but]and the Class II Wildlife Rehabilitator [must]shall be responsible for the proper performance of duties of all assistant wildlife rehabilitators under their supervision[whom he or she nominated, trained, and employs].

§184.6 Duties

(a) The wildlife rehabilitator must:

(4) comply with applicable provisions of the Environmental Conservation Law and rules and regulations adopted pursuant thereto and with the department's instructions concerning methods of wildlife rehabilitation, reporting requirements and any conditions contained in [his/her]their license;

(5) display in a prominent place the license provided by the department. A wildlife rehabilitator identification card must be carried by the [permittee]licensee when in possession of wildlife afield;

(7) notify the department at least 90 days in advance of moving [his/her]their place of operation to a new location;

(8) allow authorized department employees to inspect [his/her]their wildlife rehabilitation operations and records at any reasonable time; and

(b) Additionally, the wildlife rehabilitator may distribute, if appropriate, to persons who submit wildlife to [him/her]them, any material supplied by the department relating to wildlife rehabilitation.