N.Y. Environmental Conservation Law § 11-0321: "Restricted areas"; additional enforcement on private premises

§ 11-0321. "Restricted areas"; additional enforcement on private

premises.

1. Without limitation of the purpose and policy described in section

11-0303, or of the powers conferred in other sections, the department is

authorized:

a. to adopt by regulation, classifications of "restricted areas" lying

within the boundaries of premises, or of two or more sets of contiguous

premises, privately owned and with respect to which a cooperation

agreement pursuant to section 11-0501 is in force, or owned by the state

or a political subdivision or public corporation thereof, in which

hunting, fishing or trapping, or any of them, shall be, as provided by

such regulation with respect to the classification in question,

prohibited, or shall be restricted or regulated as to the manner, time

or conditions applicable to the exercise in such "restricted areas" of

the privilege of entry upon such premises for purposes of hunting,

fishing or trapping;

b. to adopt regulations with respect to the manner in which, and the

conditions upon which, such "restricted areas" shall be recognized,

including obligations to be undertaken by the owner or lessee of the

premises for the furtherance of sound management practices and public

access for hunting, fishing or trapping, to premises outside the

"restricted area", identification and notice to the public of the

boundaries of the "restricted area", and the manner in which, and the

grounds upon which, the recognition of a "restricted area" may be

revoked or its classification changed;

c. to adopt regulations with respect to prohibitions applicable to

each classification of a "restricted area";

2. Such restricted areas may be established pursuant to this section

and regulations may be made with respect to the use of such areas for

one or more of the following purposes:

a. providing safety zones in and around buildings;

b. providing safety zones deemed necessary for temporary periods of

time for the protection of life or property during farm and woodlot

operations;

c. protecting agricultural or forest crops from trampling or other

damage during critical growth periods;

d. development or carrying out of a program of research in game

management in connection with which the department deems it desirable to

control the hunting, fishing or trapping pressures or to put into effect

special regulations authorized by section 11-0311 or by any other

provision of the Fish and Wildlife Law;

e. protecting the water supply or otherwise providing for the

protection of the health of the people of the state;

f. such other purposes relating to farm operation, woodlot

development, fish and wildlife habitat improvement or public health and

safety which in the opinion of the department require special

restrictions on the use of particular premises.

3. No person shall charge or collect a fee or rental for the privilege

of hunting, fishing or trapping in a restricted area established under

the authority of this section.

4. a. Notwithstanding the provisions of section 11-2111, a restricted

area shall be deemed to be in existence and subject to the regulations

established pursuant to this section with respect to restricted areas of

the classification to which it is assigned, when signs identifying its

existence shall have been erected on the premises in such manner as may

be required by the regulations of the department applicable thereto,

made as prescribed in paragraph b of subdivision 1 of this section.

b. No person shall enter or remain unlawfully or engage in any

activity upon land which has been posted pursuant to such regulations in

violation of the terms of such posted signs.

c. No unauthorized person shall injure, conceal, deface or remove a

sign erected and maintained in accordance with such regulations.

d. The requirements of posting provided in section 11-2111 shall not

be applicable to the erection of signs identifying a restricted area.

e. Restricted areas may be established notwithstanding that the lands

or waters or part of them, included within said restricted area may have

been stocked with fish and game by the state.

f. The existence of the restricted area shall terminate in such manner

as may be provided by regulations of the department.

5. The department is further authorized, at the discretion of the

commissioner, to exercise all of the powers and authority set forth in

this section, in relation to premises with respect to which agreements

are in effect between the owner of such premises and the Agricultural

Stabilization and Conservation Service of the United States Department

of Agriculture and such agreements provide for such regulations, whether

or not such premises are the subject of an agreement pursuant to section

11-0501. Payments to such landowners by the United States Department of

Agriculture under such agreements shall not constitute a fee or rental

within the meaning of subdivision 3 of this section.