N.Y. Environmental Conservation Law § 11-0523: Destructive or menacing wildlife; taking without permit

§ 11-0523. Destructive or menacing wildlife; taking without permit.

1. Owners and lessees and members of their immediate families actually

occupying or cultivating lands, and persons authorized in writing and

actually employed by them in cultivating such lands, may take (a)

unprotected wildlife other than birds and (b) starlings, common crows

and, subject to section 11-0513, pigeons, when such wildlife is injuring

their property or has become a nuisance thereon. Such taking may be done

in any manner, notwithstanding any provision of the Fish and Wildlife

Law, except section 11-0513, or the Penal Law or any other law.

2. Any bear killing or worrying livestock on land occupied or

cultivated, or destroying an apiary thereon, may be taken or killed, at

any time, by shooting or device to entrap or entice on such land, by the

owner, lessee or occupant thereof, or any member of the owner's,

lessee's or occupant's immediate family or by any person employed by

such owner, lessee or occupant. The owner or occupant of such lands

shall promptly notify the nearest environmental conservation officer and

deliver to such officer the carcass of any bear killed pursuant to this

subdivision. The environmental conservation officer shall dispose of the

carcass as the department may direct.

3. Red-winged blackbirds, common grackles and cowbirds destroying any

crop may be killed during the months of June, July, August, September

and October by the owner of the crop or property on which it is growing

or by any person in his employ.

4. Varying hares, cottontail rabbits and European hares which are

injuring property on occupied farms or lands may be taken thereon, at

any time, in any manner, except by the use of ferrets, fitch-ferrets or

fitch, by the owners or occupants of such farms or lands or by a person

authorized in writing by them and actually employed by them in

cultivating such farm lands.

5. Skunks injuring property or which have become a nuisance may be

taken at any time in any manner.

6. Raccoons, muskrats, coyotes or fox injuring private property may be

taken by the owner, occupant or lessee thereof, or an employee or family

member of such owner, occupant or lessee, at any time in any manner.

7. Whenever black, grey and fox squirrels, opossums or weasels are

injuring property on occupied farms or lands or dwellings, they may be

taken at any time in any manner, by the owners or occupants thereof or

by a person authorized in writing by such owner or occupant.

8. No license or permit from the department is required for any taking

authorized by this section.

9. Varying hares, cottontail rabbits, skunks, black, grey and fox

squirrels, raccoons, muskrats, opossums or weasels taken pursuant to

this section in the closed season or in a manner not permitted by

section 11-0901 shall be immediately buried or cremated. No person shall

possess or traffic in such skunks or raccoons or the pelts thereof or in

such varying hares or cottontail rabbits or the flesh thereof.