§ 11-0523. Destructive or menacing wildlife; taking without permit.\n 1. Owners and lessees and members of their immediate families actually\noccupying or cultivating lands, and persons authorized in writing and\nactually employed by them in cultivating such lands, may take (a)\nunprotected wildlife other than birds and (b) starlings, common crows\nand, subject to section 11-0513, pigeons, when such wildlife is injuring\ntheir property or has become a nuisance thereon. Such taking may be done\nin any manner, notwithstanding any provision of the Fish and Wildlife\nLaw, except section 11-0513, or the Penal Law or any other law.\n 2. Any bear killing or worrying livestock on land occupied or\ncultivated, or destroying an apiary thereon, may be taken or killed, at\nany time, by shooting or device to entrap or entice on such land, by the\nowner, lessee or occupant thereof, or any member of the owner's,\nlessee's or occupant's immediate family or by any person employed by\nsuch owner, lessee or occupant. The owner or occupant of such lands\nshall promptly notify the nearest environmental conservation officer and\ndeliver to such officer the carcass of any bear killed pursuant to this\nsubdivision. The environmental conservation officer shall dispose of the\ncarcass as the department may direct.\n 3. Red-winged blackbirds, common grackles and cowbirds destroying any\ncrop may be killed during the months of June, July, August, September\nand October by the owner of the crop or property on which it is growing\nor by any person in his employ.\n 4. Varying hares, cottontail rabbits and European hares which are\ninjuring property on occupied farms or lands may be taken thereon, at\nany time, in any manner, except by the use of ferrets, fitch-ferrets or\nfitch, by the owners or occupants of such farms or lands or by a person\nauthorized in writing by them and actually employed by them in\ncultivating such farm lands.\n 5. Skunks injuring property or which have become a nuisance may be\ntaken at any time in any manner.\n 6. Raccoons, muskrats, coyotes or fox injuring private property may be\ntaken by the owner, occupant or lessee thereof, or an employee or family\nmember of such owner, occupant or lessee, at any time in any manner.\n 7. Whenever black, grey and fox squirrels, opossums or weasels are\ninjuring property on occupied farms or lands or dwellings, they may be\ntaken at any time in any manner, by the owners or occupants thereof or\nby a person authorized in writing by such owner or occupant.\n 8. No license or permit from the department is required for any taking\nauthorized by this section.\n 9. Varying hares, cottontail rabbits, skunks, black, grey and fox\nsquirrels, raccoons, muskrats, opossums or weasels taken pursuant to\nthis section in the closed season or in a manner not permitted by\nsection 11-0901 shall be immediately buried or cremated. No person shall\npossess or traffic in such skunks or raccoons or the pelts thereof or in\nsuch varying hares or cottontail rabbits or the flesh thereof.\n
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