N.Y. Environmental Conservation Law § 11-0325: Control of dangerous diseases

§ 11-0325. Control of dangerous diseases.

1. Whenever it is jointly determined by the Department of

Environmental Conservation and the Department of Health or the

Department of Agriculture and Markets, and certification is made to the

Commissioner of Environmental Conservation by the Commissioner of Health

or the Commissioner of Agriculture and Markets, that a disease, which

endangers the health and welfare of fish or wildlife populations, or of

domestic livestock or of the human population, exists in any area of the

state, or is in imminent danger of being introduced into the state, the

department shall adopt any measures or regulations with respect to the

taking, transportation, sale, offering for sale or possession of native

fish or feral animals it may deem necessary in the public interest to

prevent the introduction or spread of such disease. The department may

undertake such fish or wildlife control measures it may deem necessary

to eliminate, reduce or confine the disease.

2. Whenever it is determined by the Department of Environmental

Conservation that an epizootic disease which endangers the health and

welfare of native fish or feral animal populations only, exists in any

area of the state, or is in imminent danger of developing or being

introduced into the state, the department may adopt any measures or

regulations with respect to the taking, transportation, sale, offering

for sale or possession of native fish or feral animals deemed necessary

in the public interest to prevent the development, spread or

introduction of such disease.