N.Y. Environmental Conservation Law § 11-1109: Registered muskrat marshes

§ 11-1109. Registered muskrat marshes.

1. Applicability. A registered muskrat marsh is an enclosed marsh

which was registered with the department prior to September 1 of the

year previous to the year in which a privilege granted or a rule

provided by this section is invoked or applied.

2. Registration. Application for registration of a muskrat marsh shall

be made upon forms supplied for such purpose by the department. If the

department is satisfied that the marsh covered by the application is

being managed in accordance with sound management practices, it shall

issue a certificate of registration which shall entitle registrant to

apply for the permission provided for in this section. The department

shall be entitled to receive ten dollars as a registration fee.

3. Control of muskrats on registered marshes. The owner or lessee of a

registered marsh may apply to the department for permission to trap

within specified dates during the closed season in order to allow the

removal of surplus muskrats, not required for breeding stock.

4. Investigation; permit. The department shall cause an investigation

to be made of the allegations of all trapping applications filed with it

by registered applicants, and may, in its discretion, issue a permit to

such applicant, allowing him, and persons whom he may designate in

writing, to trap muskrats within specified dates during the closed

season, except that no such permit shall be issued for the trapping of

muskrats during the period from May 1 through October 31. The name and

address of every person designated in writing to trap shall, prior to

the time designee begins to trap, be forwarded by the registrant to the

Department of Environmental Conservation, Albany, New York, by

registered mail.

5. Regulations. Notwithstanding any other provisions of the Fish and

Wildlife Law to the contrary, the department may make regulations

governing the manner of trapping muskrats on registered marshes;

provided, however, that no such regulations shall be made which are more

restrictive than provisions of this chapter expressly regulating the

manner of taking muskrats.

6. Reports. Registrants shall, not later than May 1 of each year,

furnish the department with a report covering the number of muskrats

trapped.

7. License. No person other than the owner or lessee thereof shall

engage in trapping on a registered marsh unless he holds a trapping

license.