2006 New York Code - Possession, Transportation And Sale Of Wild Game And Other Wildlife.

 
  § 11-0917. Possession,  transportation  and  sale of wild game and other
               wildlife.
    1. Wild game and other  wildlife,  taken  in  this  state,  and  parts
  thereof, may, if lawfully taken, be
    a. possessed.
    b.  transported within the state and from within to without the state,
  and
    c. bought and sold, as provided in this section and in the sections of
  the Fish and Wildlife Law and regulations of  the  department  to  which
  this  section  refers,  and  not  otherwise.  It shall not be possessed,
  transported, bought or sold  unless  lawfully  taken,  nor  transported,
  bought  or  sold  unless  lawfully  possessed.  Nothing  in this section
  applies to any game which is not wild game, as defined in subdivision  2
  of section 11-0103.
    2. Unprotected wildlife may be possessed, transported, bought and sold
  without  restriction  except as provided in subdivision 9 or subdivision
  10.
    3.  Game  for  propagation  purposes  may   be   transported   without
  restriction except as provided in subdivision 8 or subdivision 10.
    4.  The  carcasses, flesh, head, hide, feet or fur of wildlife, except
  birds, may be bought and sold without restriction, except as provided in
  subdivisions 8, 9 or 10. The head, skin plumage, hide, feet  or  fur  of
  wildlife may be possessed and transported without restriction except (a)
  as  provided in section 11-0911 with respect to deer, (b) as provided in
  subdivision 9 with respect to birds, and (c) as provided in  subdivision
  8 or subdivision 10.
    5.  Game  taken  and  possessed  in  one  part  of  the  state  may be
  transported as provided in this section by the taker, or any person  who
  acquires  it  lawfully  from the taker, and possessed by the taker or by
  such person in any part of the state for the period during which it  may
  be possessed at the place where taken.
    6.  Skunk,  bobcat,  mink,  raccoon and muskrat may be bought and sold
  alive during their respective open seasons.
    8. Migratory game birds and beaver,  fisher,  otter,  bobcat,  coyote,
  fox,  raccoon,  skunk,  muskrat and mink shall be possessed, transported
  and disposed of only as permitted by regulation of the department.
    9. a. The flesh of cottontail rabbits, varying hares, European  hares,
  squirrels, bear and deer shall not be bought or sold, except as provided
  in section 11-1713 with respect to bear.
    b. Notwithstanding paragraph a of this subdivision, game legally taken
  may  be  possessed,  prepared and served by a non-profit organization at
  any meeting for the members and guests provided that there is no  charge
  for the meal.
    c.  Game  legally taken may be donated to, and possessed, prepared and
  distributed by a charitable or not-for-profit organization which  serves
  or  distributes food without cost to the poor or needy. Game or packages
  of game donated pursuant to this paragraph  shall,  notwithstanding  the
  requirements  for tagging and labelling of game contained in paragraph b
  of subdivision 5 of section 11-0911 of this chapter, be tagged, labelled
  or marked "not for sale" and such tag, label or marking  shall  identify
  the  type of meat, the license number of the taker, the name and address
  of the professional processor of the game and the  date  of  processing.
  The  department  shall  make  available  instructions  for  the safe and
  sanitary preparation of game, a list of  professional  processors  where
  potential donors may take their game for preparation and packaging and a
  list   of   charitable  or  not-for-profit  organizations  which  accept
  donations   of   game.   Professional   processors,    charitable    and
  not-for-profit   organizations   may  notify  the  department  of  their
  intention to participate in such distribution, and the department  shall
  include them in its lists unless good cause otherwise exists.
    d.  The  dead  bodies  of birds belonging to all species or subspecies
  native to this state, defined  in  section  11-0103,  subdivision  5  as
  protected wild birds, or belonging to any family of which any species or
  subspecies  is  native  to  this  state,  and  is  so defined in section
  11-0103, subdivision 5 shall not be sold, offered for sale or  possessed
  for sale, for food purposes.
    e.  The  plumage,  skin  or  body  of any wild bird shall not be sold,
  possessed for sale or offered for sale except as  permitted  by  section
  11-1729 or 11-1731 of the Fish and Wildlife Law.
    f.  No  live  wolf,  coyote,  coydog,  fox, skunk, venomous reptile or
  raccoon shall be possessed or transported, except  under  a  license  or
  permit  issued  by  the department.   Every such license or permit shall
  contain a prominent notice thereon warning the licensee or permittee  of
  his  or  her  duty  to exercise due care in safeguarding the public from
  attack by such wild animal or venomous reptile and that failure to do so
  is a crime under section three hundred seventy of  the  agriculture  and
  markets  law.   The provisions of the opening paragraph of section three
  hundred seventy of the agriculture  and  markets  law  except  the  last
  sentence   thereof  shall  be  set  forth  on  such  license  or  permit
  immediately following such warning notice.
    10. No wildlife shall be possessed, transported or  sold  contrary  to
  the  terms  of  any  statute,  or  regulation,  permit or license of the
  department, pursuant to which it was taken or acquired.