2006 New York Code - "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.

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