2021 New York Laws
ENV - Environmental Conservation
Article 11 - Fish and Wildlife
Title 5 - Fish and Wildlife Management Practices Cooperative Program; Prohibitions; Taking of Fish, Wildlife, Shellfish and Crustacea for Scientific Or
11-0521 - Destructive Wildlife; Taking Pursuant to Permit.

§ 11-0521. Destructive wildlife; taking pursuant to permit.
1.  The  department may direct any environmental conservation officer,
  or issue a permit to any person,  to  take  any  wildlife  at  any  time
  whenever  it  becomes  a  nuisance,  destructive  to  public  or private
  property or a threat to public health  or  welfare,  provided,  however,
  that  where  such  wildlife  is  a  bear, no such permit shall be issued
  except upon proof of damage to such property or threat to public  health
  or  safety presented to the department. Upon presentation of such proof,
  the department may  issue  a  permit  authorizing  the  use  of  trained
  tracking  dogs  pursuant to section 11-0928 of this article, and, if the
  department has determined that  no  other  alternative  is  feasible,  a
  separate permit to take the bear. Wildlife so taken shall be disposed of
  as  the  department  may  direct.  Any  person,  agency,  corporation or
  municipality who obtains a migratory bird depredation  permit  or  order
  issued  by  the federal department of the interior pursuant to 50 C.F.R.
  13 and 50 C.F.R. 21, as may be amended from time to time, shall  not  be
  required  to  obtain  a  permit  from  the  department  to  conduct  the
  authorized activities.
2. The department may, by permit issued to a  landowner,  permit  such
  landowner,  and  any person he may designate in writing as his agent, to
  take beaver on lands  owned  by  the  permittee,  during  any  specified
  period,   in   any   specified  number,  and  by  any  specified  means,
  notwithstanding the provision contained in paragraph d of subdivision  3
  of  section 11-0901 or any other provision of the Fish and Wildlife Law.
  Beaver so taken shall be disposed of as the department may direct.
3. Nothing  in  this  section  shall  be  construed  as  requiring  or
  obligating  the  department  to  issue  a  permit to take wildlife or to
  direct the taking of any wildlife when  in  its  opinion  the  nuisance,
  destruction  of property or threat to public health and welfare will not
  be effectively abated thereby.