New York Environmental Conservation Code § 11-0901

Prohibitions
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§ 11-0901. Prohibitions.\n  1. No person while in or on a motor vehicle, as defined in section\n11-0931 of this chapter, shall take wildlife other than migratory game\nbirds, or use any lights on any such vehicle for such purpose.\n  * 2. Wildlife shall not be taken on or from any public highway,\nexcept:\n  a. that in the forest preserve counties it may be taken from highways\nother than state, county or town highways; and\n  b. by a nuisance wildlife specialist with a permit issued pursuant to\nsection 11-0522 of this article provided that such activities are in\nfurtherance of the site-specific deer management plan.\n  c. by a nuisance wildlife specialist with a permit issued pursuant to\nsection 11-0522-a of this article provided that such activities are in\nfurtherance of the site-specific deer management plan.\n  * NB Effective until January 1, 2027\n  * 2. Wildlife shall not be taken on or from any public highway, except\nthat in the forest preserve counties it may be taken from highways other\nthan state, county or town highways.\n  * NB Effective January 1, 2027\n  3. a. Migratory game birds shall be taken only as permitted by\nregulations of the department adopted pursuant to section 11-0307.\n  b. Wild deer and bear shall not be taken except by gun, crossbow or by\nlong bow. Where an open season, set forth in the table of open seasons\nin section 11-0907 of this title or otherwise established by law or\nfixed by regulation, is specified as an open season for taking such game\nby shotgun or long bow only, or is specified as an open season for\ntaking such game by long bow only, they shall not be taken except as so\nspecified.\n  c. Wild small game and wild upland game birds shall be taken only by\nlongbow or gun, or by the use of raptors as provided in title 10 of this\narticle, except that:\n  (1) skunk, raccoon, bobcat, coyote, fox, mink and muskrat may be taken\nin any manner not prohibited in this section or in title 11 of the Fish\nand Wildlife Law;\n  (2) frogs may also be taken by spearing, catching with the hands, or\nby the use of a club or hook; and\n  (3) crossbows may be used but only by licensees who are fourteen years\nof age or older.\n  d. Muskrat shall not be taken by the use of a spear and shall not be\ntaken by shooting except that until the state of Vermont shall prohibit\ntaking of muskrats on Lake Champlain by shooting, muskrats may be taken,\nby shooting with a firearm not larger than twenty-two caliber, on Lake\nChamplain, exclusive of the tributary streams flowing into such lake.\nPossession of pierced or stabbed muskrats shall be presumptive evidence\nthat they were unlawfully taken. Wild mink shall not be taken by the use\nof firearms in the Northern Zone nor elsewhere within the state with a\nfirearm larger than twenty-two caliber. Skunk, raccoon, bobcat, mink and\nmuskrat shall not be taken by the use of smoke, chemicals, gas or\npoison. Beaver, fisher and otter shall not be hunted.\n  e. Wild pheasant shall be taken only by shotgun or long bow, or by the\nuse of raptors as provided in title 10 of this article. Except as\nspecifically authorized by regulation of the department adopted pursuant\nto section 11-1007 or whenever the department determines that the taking\nof hen pheasants will result in better pheasant management and not be\ndetrimental to the natural propagation of such pheasants, only male wild\npheasants shall be taken.\n  f. No wildlife shall be taken with an arrow with an explosive head or\nshaft, or with an arrow, dart or any device, propelled by any means,\nthat is used for the purpose of injecting or delivering any type of drug\ninto the blood system of such wildlife. Nothing in this paragraph shall\nbe construed as prohibiting a wildlife biologist or employee of the\ndepartment or anyone acting under a license from the department from\nusing any method to take wildlife if he is doing so within the scope of\nhis employment for the department, or pursuant to the license

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