6 CRR-NY 2.30NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CHAPTER I. FISH AND WILDLIFE
SUBCHAPTER A. HUNTING
PART 2. MORE THAN ONE SPECIES
MIGRATORY GAME BIRDS
6 CRR-NY 2.30
6 CRR-NY 2.30
2.30 Migratory game birds.
Environmental Conservation Law, § 11-0307
(a) Migratory game birds defined.
Migratory game birds for the purpose of this section include:
(1) waterfowl (Anatidae), including brant, wild ducks, geese, and swans;
(2) rails (Rallidae), including coots, gallinules, sora and other rails;
(3) shorebirds (Scolopacidae), including snipe and woodcock; and
(4) crows (Corvidae), including American crow and fish crow.
(b) Hunting methods.
Migratory game birds on which open seasons are prescribed in this section may be taken by any method except those prohibited in this subdivision. No person shall take migratory game birds:
(1) with a trap, snare, net, rifle, pistol, swivel gun, shotgun larger than 10-gauge, punt gun, battery gun, machine gun, fish hook, poison, drug, explosive, or stupefying substance, except that crows may be taken with a rifle;
(2) with a shotgun of any description capable of holding more than three shells, unless it is plugged with a one-piece filler, incapable of removal without disassembling the gun, so its total capacity does not exceed three shells, except that this prohibition shall not apply to the taking of crows or to the taking of Canada geese during September or snow geese or Ross' geese in any area or zone when all other waterfowl hunting seasons are closed;
(3) from or by means, aid, or use of a sinkbox or any other type of low floating device, having a depression affording the hunter a means of concealment beneath the surface of the water;
(4) from or by means, aid or use of any motor vehicle, motor-driven land conveyance, or aircraft of any kind, except that paraplegics and person missing one or both legs may, with a permit issued by the Department of Environmental Conservation (department), take migratory game birds from any stationary motor vehicle or stationary motor-driven land conveyance;
(5) from or by means of any motor-driven boat or other craft having a motor attached, or any sailboat, unless the motor has been completely shut off and/or the sails furled, and its progress therefrom has ceased; provided, that a craft under power may be used to retrieve dead or crippled birds. However, crippled birds may not be shot from such craft under power except in the special sea duck area as described in subparagraph (d)(6)(i) of this section;
(6) by the use or aid of live birds as decoys; although not limited to, it shall be a violation of this paragraph for any person to take migratory waterfowl on an area where tame or captive live ducks or geese are present unless such birds are and have been for a period of 10 consecutive days prior to such taking, confined within an enclosure which substantially reduces the audibility of their calls and totally conceals such birds from the sight of wild migratory waterfowl;
(7) by the use or aid of recorded or electrically amplified bird calls or sounds, or recorded or electrically amplified imitations of bird calls or sounds, except that this prohibition shall not apply to the taking of crows at any time, to the taking of snow geese or Ross' geese in any area or zone when all other waterfowl hunting seasons are closed, and the taking of Canada geese during the September season when all other waterfowl hunting seasons are closed;
(8) by means or aid of any motor-driven land, water, or air conveyance, or any sailboat used for the purpose of or resulting in concentrating, driving, rallying or stirring up of any migratory bird; and
(9) by the aid of baiting, or on or over any baited area. As used in this paragraph, baiting shall mean the placing, exposing, depositing, distributing or scattering of shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed so as to constitute for such birds a lure, attraction or enticement to, on or over any areas where hunters are attempting to take them; and baited area means any area where shelled, shucked or unshucked corn, wheat or other grain, salt or other feed whatsoever capable of luring, attracting or enticing such birds is directly or indirectly placed, exposed, deposited, distributed, or scattered; and such area shall remain a baited area for 10 days following complete removal of all such corn, wheat or other grain, salt or other feed. However, nothing in this paragraph shall prohibit:
(i) the taking of all migratory game birds, including waterfowl, on or over standing crops, flooded standing crops (including aquatics), flooded harvested croplands, grain crops properly shucked on the field where grown, or grains found scattered solely as the result of normal agricultural planting or harvesting; and
(ii) the taking of all migratory game birds, except waterfowl, on or over any lands where shelled, shucked, or unshucked corn, wheat or other grain, salt or other feed has been distributed or scattered as the result of bona fide agricultural operations or procedures, or as a result of manipulation of a crop or other feed on the land where grown for wildlife management purposes; provided, that manipulation for wildlife management purposes does not include the distributing or scattering of grain or other feed once it has been removed from or stored on the field where grown.
(c) Non-toxic shot.
Ducks, coots, mergansers, geese, snipe, rails and gallinules shall not be taken by any person using or in possession of shot shells loaded with any shot other than steel shot or other shot approved as non-toxic for hunting of waterfowl by the Director of the US Fish and Wildlife Service or a muzzleloading firearm loaded with any shot other than steel shot or other shot approved as non-toxic for hunting of waterfowl by the Director of the US Fish and Wildlife Service.
(d) Waterfowl hunting zones defined.
(1) Lake Champlain Zone: That area east and north of a continuous line extending along US Route 11 from the New York-Canada international boundary south to Route 9B, south along Route 9B to US Route 9, south along US Route 9 to Route 22 south of Keesville; south along Route 22 to the west shore of South Bay, along and around the shoreline of South Bay to Route 22 on the east shore of South Bay; southeast along Route 22 to US Route 4, northeast along US Route 4 to the Vermont State line.
(2) Long Island Zone: That area consisting of Nassau County, Suffolk County, that area of Westchester County southeast of I-95, and their tidal waters.
(3) Northeastern Zone: That area north of a continuous line extending from Lake Ontario east along the north shore of the Salmon River to I-81, south along I-81 to Route 31, east along Route 31 to Route 13, north along Route 13 to Route 49, east along Route 49 to Route 365, east along Route 365 to Route 28, east along Route 28 to Route 29, east along Route 29 to Route 22, north along Route 22 to Washington County Route 153, east along County Route 153 to the New York-Vermont boundary, exclusive of the Lake Champlain Zone.
(4) Western Zone: That area west of a line extending from Lake Ontario east along the north shore of the Salmon River to I-81, and south along I-81 to the Pennsylvania State line.
(5) Southeastern Zone: The remaining portion of New York.
(6) Special hunting areas.
(i) The Special Sea Duck Area is defined as all coastal waters and all waters of rivers and streams in New York State seaward from the first upstream bridge.
(ii) Lake Champlain Goose Hunting Area: the same as the Lake Champlain Zone, as defined in paragraph (1) of this subdivision.
(iii) Northeast Goose Hunting Area: the same as the Northeastern Waterfowl Hunting Zone, as defined in paragraph (3) of this subdivision.
(iv) East Central Goose Hunting Area: the area of New York State lying inside of a continuous line extending from Interstate Route 81 in Cicero, east along Route 31 to Route 13, north along Route 13 to Route 49, east along Route 49 to Route 365, east along Route 365 to Route 28, east along Route 28 to Route 29, east along Route 29 to Route 147 at Kimball Corners, south along Route 147 to Schenectady County Route 40 (West Glenville Road), west along County Route 40 to Touareuna Road, south along Touareuna Road to Schenectady County Route 59, south along County Route 59 to Route 5, east along Route 5 to the Lock 9 bridge, southwest along the Lock 9 bridge to Route 5S, southeast along Route 5S to Schenectady County Route 58, southwest along County Route 58 to the Thruway, south along the Thruway to Route 7, southwest along Route 7 to Schenectady County Route 103, south along County Route 103 to Route 406, east along Route 406 to Schenectady County Route 99 (Windy Hill Road), south along County Route 99 to Dunnsville Road, south along Dunnsville Road to Route 397, southwest along Route 397 to Route 146 at Altamont, west along Route 146 to Albany County Route 252, northwest along County Route 252 to Schenectady County Route 131, north along County Route 131 to Route 7, west along Route 7 to Route 10 at Richmondville, south on Route 10 to Route 23 at Stamford, west along Route 23 to Route 7 in Oneonta, southwest along Route 7 to Route 79 to Interstate Route 88 near Harpursville, west along Route 88 to Interstate Route 81, north along Interstate Route 81 to the point of beginning.
(v) West Central Goose Hunting Area: the area of New York State lying within a continuous line beginning at the point where the northerly extension of Route 269 (County Line Road on the Niagara-Orleans County boundary) meets the international boundary with Canada, south to the shore of Lake Ontario at the eastern boundary of Golden Hill State Park, south along the extension of Route 269 and Route 269 to Route 104 at Jeddo, west along Route 104 to Niagara County Route 271, south along Route 271 to Route 31E at Middleport, south along Route 31E to Route 31, west along Route 31 to Griswold Street, south along Griswold Street to Ditch Road, south along Ditch Road to Foot Road, south along Foot Road to the north bank of Tonawanda Creek, west along the north bank of Tonawanda Creek to Route 93, south along Route 93 to Route 5, east along Route 5 to Crittenden-Murrays Corners Road, south on Crittenden-Murrays Corners Road to the Thruway, east along the Thruway 90 to Route 98 (at Thruway Exit 48) in Batavia, south along Route 98 to Route 20, east along Route 20 to Route 19 in Pavilion Center, south along Route 19 to Route 63, southeast along Route 63 to Route 246, south along Route 246 to Route 39 in Perry, northeast along Route 39 to Route 20A, northeast along Route 20A to Route 20, east along Route 20 to Route 364 (near Canandaigua), south and east along Route 364 to Yates County Route 18 (Italy Valley Road), southwest along Route 18 to Yates County Route 34, east along County Route 34 to Yates County Route 32, south along County Route 32 to Steuben County Route 122, south along County Route 122 to Route 53, south along Route 53 to Steuben County Route 74, east along County Route 74 to Route 54A (near Pulteney), south along Route 54A to Steuben County Route 87, east along County Route 87 to Steuben County Route 96, east along County Route 96 to Steuben County Route 114, east along County Route 114 to Schuyler County Route 23, east and southeast along County Route 23 to Schuyler County Route 28, southeast along County Route 28 to Route 409 at Watkins Glen, south along Route 409 to Route 14, south along Route 14 to Route 224 at Montour Falls, east along Route 224 to Route 228 in Odessa, north along Route 228 to Route 79 in Mecklenburg, east along Route 79 to Route 366 in Ithaca, northeast along Route 366 to Route 13, northeast along Route 13 to Interstate Route 81 in Cortland, north along Interstate Route 81 to the north shore of the Salmon River to shore of Lake Ontario, extending generally northwest in a straight line to the nearest point of the international boundary with Canada, south and west along the international boundary to the point of beginning.
(vi) Hudson Valley Goose Hunting Area: the area of New York State lying within a continuous line extending from Route 4 at the New York-Vermont boundary, west and south along Route 4 to Route 149 at Fort Ann, west on Route 149 to Route 9, south along Route 9 to Interstate Route 87 (at Exit 20 in Glens Falls), south along Interstate Route 87 to Route 29, west along Route 29 to Route 147 at Kimball Corners, south along Route 147 to Schenectady County Route 40 (West Glenville Road), west along County Route 40 to Touareuna Road, south along Touareuna Road to Schenectady County Route 59, south along County Route 59 to Route 5, east along Route 5 to the Lock 9 bridge, southwest along the Lock 9 bridge to Route 5S, southeast along Route 5S to Schenectady County Route 58, southwest along County Route 58 to the Thruway, south along the Thruway to Route 7, southwest along Route 7 to Schenectady County Route 103, south along County Route 103 to Route 406, east along Route 406 to Schenectady County Route 99 (Windy Hill Road), south along County Route 99 to Dunnsville Road, south along Dunnsville Road to Route 397, southwest along Route 397 to Route 146 at Altamont, southeast along Route 146 to Main Street in Altamont, west along Main Street to Route 156, southeast along Route 156 to Albany County Route 307, southeast along County Route 307 to Route 85A, southwest along Route 85A to Route 85, south along Route 85 to Route 443, southeast along Route 443 to Albany County Route 301 at Clarksville, southeast along County Route 301 to Route 32, south along Route 32 to Route 23 at Cairo, west along Route 23 to Joseph Chadderdon Road, southeast along Joseph Chadderdon Road to Hearts Content Road (Greene County Route 31), southeast along County Route 31 to Route 32, south along Route 32 to Greene County Route 23A, east along County Route 23A to Interstate Route 87 (the Thruway), south along Interstate Route 87 to Route 28 (Exit 19) near Kingston, northwest on Route 28 to Route 209, southwest on Route 209 to the New York-Pennsylvania boundary, southeast along the New York-Pennsylvania boundary to the New York-New Jersey boundary, southeast along the New York-New Jersey boundary to Route 210 near Greenwood Lake, northeast along Route 210 to Orange County Route 5, northeast along Orange County Route 5 to Route 105 in the Village of Monroe, east and north along Route 105 to Route 32, northeast along Route 32 to Orange County Route 107 (Quaker Avenue), east along County Route 107 to Route 9W, north along Route 9W to the south bank of Moodna Creek, southeast along the south bank of Moodna Creek to the New Windsor-Cornwall town boundary, northeast along the New Windsor- Cornwall town boundary to the Orange-Dutchess County boundary (middle of the Hudson River), north along the county boundary to Interstate Route 84, east along Interstate Route 84 to the Dutchess-Putnam County boundary, east along the county boundary to the New York-Connecticut boundary, north along the New York-Connecticut boundary to the New York-Massachusetts boundary, north along the New York-Massachusetts boundary to the New York-Vermont boundary, north to the point of beginning.
(vii) Western Long Island Goose Hunting Area: the area of Westchester County and its tidal waters southeast of Interstate Route 95 and that area of Nassau and Suffolk Counties lying west of a continuous line extending due south from the New York-Connecticut boundary to the northernmost end of Sound Road (just east of Wading River Marsh); then south on Sound Road to North Country Road; then west on North Country Road to Randall Road; then south on Randall Road to Route 25A, then west on Route 25A to the Sunken Meadow State Parkway; then south on the Sunken Meadow Parkway to the Sagtikos State Parkway; then south on the Sagtikos Parkway to the Robert Moses State Parkway; then south on the Robert Moses Parkway to its southernmost end; then due south to international waters.
(viii) Eastern Long Island Goose Hunting Area: the area of Suffolk County lying east of a continuous line extending due south from the New York- Connecticut boundary to the northernmost end of Roanoke Avenue in the Town of Riverhead; then south on Roanoke Avenue (which becomes County Route 73) to State Route 25; then west on Route 25 to Peconic Avenue; then south on Peconic Avenue to County Route 104 (Riverleigh Avenue); then south on County Route 104 to County Route 31 (Old Riverhead Road); then south on County Route 31 to Oak Street; then south on Oak Street to Potunk Lane; then west on Stevens Lane; then south on Jessup Avenue (in Westhampton Beach) to Dune Road (County Route 89); then due south to international waters.
(ix) Central Long Island Goose Hunting Area: the area of Suffolk County lying between the Western and Eastern Long Island Goose Areas, as defined in subparagraphs (vii) and (viii) of this paragraph.
(x) South Goose Area: The remainder of New York State, excluding New York City.
(e) Open seasons.
No person shall take migratory game birds except during open seasons, which are as follows:
(1) Season dates for migratory game birds except crows. Open season dates for migratory game birds, except crows, shall be those dates fixed annually by Federal regulation, as published annually in the Federal Register by the US Department of the Interior, unless indicated otherwise below.
(i) Youth Waterfowl Hunt Days. In addition to open seasons specified above, licensed junior hunters (12-15 years of age), accompanied as provided by subdivision 1 of section 11-0929 of the Environmental Conservation Law, who are licensed to hunt may take ducks, geese, mergansers, coots, moorhens, and gallinules as published annually in the Federal Register 50 CFR 20 by the US Department of Interior. No licensed adult hunter accompanying a youth pursuant to this section shall carry firearm, longbow or crossbow. The licensed adult hunter accompanying a youth participating in the Youth Waterfowl Hunt Days shall possess a valid Federal migratory bird hunting and conservation stamp and have a current Harvest Information Program (HIP) confirmation number.
(ii) Veteran and Active Military Waterfowl Hunt Days. In addition to open seasons specified above, licensed military veterans (as defined in section 101 of title 38, United States Code) or members of the Armed Forces on active duty, including members of the National Guard and Reserves on active duty (other than for training), may take ducks, geese, mergansers, coots, moorhens, and gallinules as published annually in the Federal Register 50 CFR 20 by the US Department of Interior. Veteran and active military hunters must carry on their person at least one of the following forms of identification while participating in the Veteran and Active Military Waterfowl hunt days:
(a) active duty identification card;
(b) actively participating guard or reservist identification card;
(c) retired military identification card;
(d) New York State drivers license with veteran status;
(e) Form DD214, Certificate of Discharge;
(f) Form DD215, Corrected Certificate of Discharge.
(iii) Special Snow Goose Harvest Program. Any person who has migratory game bird hunting privileges in New York, including a valid Harvest Information Program (HIP) confirmation number, may take "light geese" (snow geese and Ross' geese) in the Western, Northeastern, Southeastern, and Lake Champlain Zones from January 16 through April 15 annually, in addition to seasons published annually in the Federal Register. All migratory game bird hunting regulations and requirements shall apply to the taking of snow geese or Ross' geese during this period, except that use of recorded or electrically amplified calls or sound is allowed and use of shotguns capable of holding more than three shells is allowed. Any person who participates in the special snow goose harvest program must provide accurate and timely information on their activity and harvest upon request from the department.
(2) Season dates for crows. Crows may be taken statewide on any Friday, Saturday, Sunday or Monday falling on or between September 1 through March 31 annually.
(3) Falconry seasons. Properly licensed falconers may use trained raptors to take water fowl during falconry seasons described below:
(i) In the Western, Northeastern and Southeastern Zones, any ducks, coot, and mergansers for which regular seasons are established may be taken by falconers from October 1 through January 13. At all other times, taking of waterfowl by falconry is not allowed in these three zones except during the respective regular seasons for each species.
(ii) In the Long Island Zone, any ducks, coot, and mergansers for which regular seasons are established may be taken by falconry from November 1 through February 13. At all other times, taking of waterfowl by falconry is not allowed in this zone except during the respective regular seasons for each species.
(iii) In the Lake Champlain Zone, taking by falconry is not allowed except during the respective regular seasons for each species.
(f) Shooting and hawking hours.
No person may take migratory game birds except during the hours open to shooting or hawking (falconry) which are from one-half hour before sunrise to sunset daily, for all species and seasons, except as follows:
(1) woodcock and crows may be taken from sunrise to sunset only;
(2) snow geese and Ross’ geese may be taken from one-half hour before sunrise to one-half hour after sunset during the Special Snow Goose Harvest Program.
(3) Canada geese may be taken from one-half hour before sunrise to one-half hour after sunset during the September season.
(g) Bag limits.
(1) Definitions. For the purpose of this subdivision:
(i) Aggregate bag limit means a condition of taking in which two or more usually similar species may be bagged (reduced to possession) by the hunter in predetermined or unpredetermined quantities to satisfy a maximum take limit.
(ii) Daily bag limit means the maximum number of migratory game birds of a single species or combination (aggregate) of species permitted to be taken by one person in any one day during the open season in any one specified geographic area for which a daily bag limit is prescribed.
(iii) Aggregate daily bag limit means the maximum number of migratory game birds permitted to be taken by one person in any one day during the open season when such person hunts in more than one specified geographic area and/or for more than one species for which a combined daily bag limit is prescribed. The aggregate daily bag limit is equal to, but shall not exceed, the largest daily bag limit prescribed for any one species or for any one specified geographic area in which taking occurs.
(iv) Possession limit means the maximum number of migratory game birds of a single species or a combination of species permitted to be possessed by any one person when lawfully taken in the United States in any one specified geographic area for which a possession limit is prescribed.
(v) Aggregate possession limit means the maximum number of migratory game birds of a single species or combination of species taken in the United States permitted to be possessed by any one person when taking and possession occurs in more than one specified geographic area for which a possession limit is prescribed. The aggregate possession limit is equal to, but shall not exceed, the largest possession limit prescribed for any one of the species or specific geographic areas in which taking and possession occurs.
(2) Basic bag limits. No person shall take in one day more than the daily bag limit or aggregate daily bag limit, whichever applies. Every migratory game bird wounded by hunting and reduced to possession by the hunter shall be immediately killed and become a part of the daily bag limit. No person shall at any time, or by any means, possess or transport live migratory game birds taken under authority of this subdivision. Birds legally taken may be possessed in the numbers specified as possession limits, except that on the opening day of the season for any species the daily limit shall also be the possession limit. No person shall possess any freshly killed migratory game birds during the closed season.
(3) Bag limits for migratory game birds except crows. Daily bag and possession limits for migratory game birds, except crows, shall be those limits fixed annually be Federal regulation, as published annually in the Federal Register by the US Department of the Interior, unless indicated otherwise below.
(i) Daily bag and possession limits for Canada geese are aggregate daily bag and possession limits for Canada geese, cackling geese, and greater and lesser white-fronted geese in all areas.
(ii) Daily bag and possession limits for "light geese" are aggregate daily bag and possession limits for snow geese and Ross' geese in all areas. Daily bag and possession limits during the Special Snow Goose Harvest Program are the same as those published annually in the Federal Register by the US Department of the Interior for regular snow goose hunting seasons.
(4) Bag limits for crows. No daily bag or possession limits.
(h) Federal duck stamp.
All persons 16 years of age or older hunting migratory ducks or geese, or acting as an adult companion for a junior hunter on any youth waterfowl hunt day, in addition to any required hunting license, are required to carry on their person a current Federal migratory bird hunting stamp Federal migratory-bird hunting stamp or e-stamp, validated as defined in the Federal Permanent Electronic Duck Stamp Act of 2013.
(i) Harvest Information Program.
All persons hunting migratory game birds other than crows in New York, in addition to any required State hunting license and Federal duck stamp, shall:
(1) have identified himself or herself as a migratory game bird hunter for the current migratory bird hunting season (defined as July 1 through June 30 annually), and provided his or her name, address, date of birth, and other necessary information, by telephone call to the department or its designated agent, using the toll-free telephone number or Internet website listed in the annual hunting guide, brochures or news releases; and
(2) carry on their person a valid confirmation number, as provided by the department or its designated agent, as proof of compliance with this requirement.
(j) Transportation and importation into, within or out of New York State.
Any person, without a permit, may transport lawfully killed and possessed migratory game birds into, within or out of New York State, or export such birds to a foreign country, during and after the open seasons in the state where taken; provided, however, no person who so transports such birds shall fail to comply with the following conditions:
(1) One fully feathered wing or head must remain attached to all migratory game birds, except doves and band-tailed pigeons (Columba fasciata), at all times while being transported or shipped from the place where taken until they have arrived at the personal abode of the possessor or a migratory bird preservation facility. One fully feathered wing must remain attached to each migratory game bird, including doves, while being transported or shipped from the United States and/or any of its possessions to any foreign country. As used here, a migratory bird preservation facility means:
(i) any person who, at his/her residence or place of business and for hire or other consideration; or
(ii) any taxidermist, cold-storage facility or locker plant which, for hire or other consideration; or
(iii) any hunting club which, in the normal course of operations, receives, possesses, or has in custody any migratory game birds belonging to another person for the purposes of picking, cleaning, freezing, processing, storage or shipment.
(2) Any package or container in which such birds are being transported by the Postal Service or a common carrier must have the name and address of the shipper and the consignee and an accurate statement of the numbers of each species of birds therein contained clearly and conspicuously marked on the outside thereof.
(3) Nothing in this subdivision shall be deemed to permit the importation of such birds from a foreign country.
(4) No person shall import migratory game birds belonging to another.
(k) Transportation and importation from foreign countries.
Migratory game birds lawfully killed, possessed, and exported in accordance with the hunting laws and regulations of any foreign country or subdivision thereof may be imported and transported in New York State by any person, without a permit; provided, however, no person who so imports or transports such birds shall fail to comply with the following conditions:
(1) The following listed birds shall be limited as to the numbers any one person is permitted to import and transport during any one calendar week beginning on Sunday, either by a single shipment or by multiple shipments, as follows:
(i) From any foreign country except Mexico. Not to exceed (a) 25 doves, singly or in the aggregate of all species, and (b) 10 pigeons, singly or in the aggregate of all species.
(ii) From Mexico. Not to exceed the maximum number of doves and pigeons permitted by Mexican authorities to be taken in any one day; provided, that if the importer's Mexican hunting permit is date-stamped by appropriate Mexican wildlife authorities on the first day of hunting in Mexico, the applicable Mexican possession limit corresponding to the days actually hunted during that particular trip may be imported.
(iii) From any foreign country except Canada and Mexico. Not to exceed (a) 10 ducks, singly or in the aggregate of all species, and (b) five geese including brant, singly or in the aggregate of all species.
(iv) From Canada. Not to exceed the maximum number permitted to be exported by Canadian authorities.
(v) From Mexico. Not to exceed the maximum number of ducks and geese permitted by Mexican authorities to be taken in any one day; provided, that if the importer's Mexican hunting permit is date-stamped by appropriate Mexican wildlife authorities on the first day of hunting in Mexico, the applicable Mexican possession limit corresponding to the days actually hunted during that particular trip may be imported.
(2) All migratory game birds imported from Mexico or any other foreign country except Canada must be dressed, drawn and have the head and feet removed; provided, that each such bird imported from any foreign country, including Canada, must have one fully feathered wing attached so as to permit species identification, and such wing must remain attached while being transported or shipped between the port of entry and the personal abode of the possessor or between the port of entry and a migratory bird preservation facility; and further provided, that this shall not prohibit the importation of legally taken, fully feathered migratory game birds consigned for mounting purposes to a taxidermist who holds a current Federal taxidermist permit and who is also licensed by the US Department of Agriculture to decontaminate such birds.
(3) Importations from any foreign country except Canada must be accompanied by export permits. Importation from Canada must be accompanied by any tags or permits required by Dominion or Provincial law.
(4) Only such birds shipped or transported from a foreign country during the open season or within five days immediately following the close of the open season where taken may be imported. Any such birds shipped or transported not later than five days following the close of the open season where taken may continue in transit immediately after importation for such additional time, not to exceed five days, as is necessary to deliver them to their destination.
(5) Any package or container in which such birds are either imported or exported via the Postal Service or a common carrier shall have the name and address of the shipper and the consignee and an accurate statement of the numbers of each species of birds therein contained clearly and conspicuously marked on the outside thereof.
(l) Limitations upon transportation and importation.
Nothing contained in these subdivisions shall be construed to permit the taking, possessing, transporting, shipping, importing or exporting of migratory game birds, or parts thereof, or their nests or eggs from, to, or through any state or to or through Canada, Mexico, or other foreign country contrary to the laws of the place in which taken or from, to, or through which transported; nor shall any such be imported from Canada, Mexico, or other foreign country contrary to the laws of the place in which taken or from, to, or through which transported.
(m) Possession for purposes of processing, transportation or storage.
No person who legally takes and possesses any migratory game birds shall possess or transport more than the daily bag limit or aggregate daily bag limit, whichever applies, of said birds, tagged or not tagged, at or between the place where taken and either:
(1) his automobile or principal means of land transportation;
(2) his personal abode or temporary or transient place of lodging;
(3) a migratory bird preservation facility;
(4) a post office; or
(5) a common carrier facility, whichever one he arrives at first.
No person who legally takes and possesses any migratory game birds shall put or leave any such birds at any place (other than at his personal abode) or in the custody of another person for picking, cleaning, processing, shipping, transportation, or storage (including temporary storage), or for the purpose of having taxidermy services performed, or transport such birds belonging to another person, unless such birds have a tag attached, signed by the hunter, stating his address, the total number and species of birds, and the date such birds were killed; no person or migratory bird preservation facility may receive or have in custody any migratory game birds belonging to another person unless such birds are so tagged; and no person who has lawfully taken such birds shall place or leave them at any place for storage (including temporary storage) other than at his personal abode unless they also are tagged. Legally possessed migratory game birds being transported in any vehicle as the personal baggage of the possessor shall not be deemed to be in storage or temporary storage. Any migratory bird preservation facility receiving, possessing or having in custody any migratory game birds shall maintain accurate records which can identify each bird in the custody of the facility to the name of the person from whom the bird was obtained, and showing the numbers of each species of such birds, the location where taken, the dates received and disposed of, and the names and addresses of the persons from whom such birds were received and to whom such birds were delivered. Any person authorized to enforce this subdivision may enter such facilities at all reasonable hours and inspect the records and the premises where such operations are being carried on. The records required to be maintained shall be retained by the person or persons responsible for their preparation and maintenance for a period of one year following the last entry on the record. Recordkeeping as required by this subdivision will not be necessary at hunting clubs which do not fully process migratory birds by removal of both the head and wings.
(n) Termination of possession by hunters.
Subject to all other requirements of this section, the possession of birds legally taken by any hunter shall be deemed to have ceased when such birds have been delivered by him to:
(1) another person as a gift, but only while at the personal abode of the donor or donee, provided such birds have a tag attached, signed by the hunter who took the birds, stating such hunter's residence address, the total number and species of birds, and the date or dates such birds were taken; or
(2) a post office, a common carrier or a migratory bird preservation facility and consigned for transport by the Postal Service or a common carrier to some person other than the hunter.
(o) Possession of plumage and skins of migratory game birds.
Any person, without a permit, may possess and transport for his own use the plumage and skins of lawfully taken migratory game birds.
(p) Commercial use of feathers.
Any person, without a permit, may possess, purchase, sell, barter or transport for the making of fishing flies, bed pillows and mattresses, and for similar commercial uses or for his own personal use, but not for millinery or ornamental use, feathers of wild ducks and wild geese lawfully killed by hunting pursuant to this section. No person shall purchase, sell, barter or offer to purchase, sell or barter, mounted specimens of migratory game birds lawfully killed by hunting pursuant to this section.
(q) Wanton waste of migratory game birds.
No person shall kill or cripple any migratory game bird pursuant to this section without making a reasonable effort to retrieve the bird, and retain it in his actual custody, at the place where taken or between that place and either:
(1) his automobile or principal means of land transportation;
(2) his personal abode or temporary or transient place of lodging;
(3) a migratory bird preservation facility;
(4) a post office; or
(5) a common carrier facility.
(r) Prohibition.
No person shall take, or attempt to take, kill, possess or transport migratory game birds, or any parts thereof, except as expressly provided by subdivisions (a) through (k) of this section, inclusive, nor shall any person buy, sell, or otherwise traffic in such birds.
(s) Publication of regulations.
Public notice of open seasons and bag limits for migratory game birds shall be provided by the department's annual syllabus of fish and wildlife laws and regulations and any other means that the department determines to be appropriate and effective, including posting on the department's public website and or press release.
6 CRR-NY 2.30
Current through March 15, 2021
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