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.
Structure New York Laws
ENV - Environmental Conservation
Article 11 - Fish and Wildlife
11-0501 - Fish and Wildlife Management Practices Cooperative Program.
11-0503 - Polluting Streams Prohibited.
11-0505 - Interference With Fish and Wildlife.
11-0507 - Liberation of Fish, Shellfish and Wildlife.
11-0511 - Possession and Transportation of Wildlife.
11-0514 - Eurasian Boars Prohibited.
11-0515 - Licenses to Collect, Possess or Sell for Propagation, Scientific or Exhibition Purposes.
11-0517 - Taking for Propagation and Stocking; Fish Hindering Propagation of Food Fish or Shellfish.
11-0521 - Destructive Wildlife; Taking Pursuant to Permit.
11-0523 - Destructive or Menacing Wildlife; Taking Without Permit.
11-0524 - Nuisance Wildlife Control Operators.
11-0525 - Control of Rabies in Wildlife.
11-0527 - State Aid to Counties Participating in Control of Rabies in Wildlife.
11-0529 - Cats Hunting Birds; Dogs Pursuing Deer or Killing Other Wildlife in Certain Areas.
11-0531 - Bounties Prohibited.
11-0533 - Licensing of Guides.
11-0535 - Endangered and Threatened Species, Species of Special Concern.
11-0535-A - Illegal Ivory Articles and Rhinoceros Horns.
11-0535-B - Vulnerable Species.
11-0535-C - Endangered and Threatened Species Mitigation Bank Fund.
11-0536 - Sale of Certain Wild Animals or Wild Animal Products Prohibited.
11-0537 - Bald and Golden Eagles; Prohibited Acts.
11-0538 - Direct Contact Between Public and Big Cats Prohibited.
11-0539 - New York Natural Heritage Program.
11-0540 - Prohibition on Permits Authorizing the Use of Elephants in Entertainment Acts.