6 CRR-NY 189.3NY-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 J. MISCELLANEOUS REGULATIONS
PART 189. CHRONIC WASTING DISEASE
6 CRR-NY 189.3
6 CRR-NY 189.3
189.3 Prohibitions.
Notwithstanding any other provision of this Chapter to the contrary, the following prohibitions shall apply:
(a) Importation of CWD susceptible animals.
No person shall import into New York State any CWD susceptible animal except as authorized by the New York State Department of Agriculture and Markets pursuant to Part 68 of Title 1 NYCRR.
(b) Importation of carcasses and parts.
No person shall import into New York or possess in New York the carcasses or parts of CWD susceptible animals obtained from or taken outside New York, except that:
(1) the deboned meat, cleaned skull cap, antlers with no flesh adhering, raw or processed cape or hide, cleaned teeth or lower jaw, and finished taxidermy products of CWD susceptible animals may be imported and possessed provided that all such parts are marked as described in section 189.4 of this Part;
(2) carcasses or parts thereof may be imported and possessed as specimens in a bona fide laboratory research study under a license issued by the department pursuant to Environmental Conservation Law section 11-0515(1) and provided that such parts or specimens are disposed of in accordance with accepted laboratory practices;
(3) commercially traded meats and products, including cleaned hide, teeth, bone and antler used in the making of such products, may be imported and possessed provided that such products and parts are marketed and/or intended to be used in a manner that they will not be exposed to live CWD susceptible animals and such products and parts do not contain any portion of brain, eyes, spinal cord, tonsils, intestinal tract, spleen, or retropharyngeal lymph nodes;
(4) carcasses and parts may be transported and shipped through New York as provided in section 189.5 of this Part.
(c) Liberation of CWD susceptible animals.
No person shall liberate or release to the wild in New York any CWD susceptible animal except for wild white-tailed deer (O. virginianus) or wild moose (A. alces) held in temporary captivity under license or permit issued by the department pursuant to Environmental Conservation Law, section 11-0507 or 11-0515.
(d) Transportation of captive animals.
No person shall transport within New York any captive or captive-bred CWD susceptible animal except as authorized by the New York State Department of Agriculture and Markets pursuant to Part 68 of Title 1 NYCRR.
(e) Possession of wild white-tailed deer.
(1) No person who possesses any captive or captive-bred CWD susceptible animals shall capture or possess any live wild white-tailed deer.
(2) No person who engages in the art or operation of preparing, stuffing, and mounting the skins or other parts of CWD susceptible animals shall capture or possess any live wild white-tailed deer.
(f) Possession of captive-bred CWD susceptible animals.
No person who possesses captive-bred CWD susceptible animals under a license issued by the department pursuant to Environmental Conservation Law 11-1905 and Part 153 of this Title or subject to the provisions of Part 68 of Title 1 NYCRR shall fail to continuously comply with the captive cervid health requirements adopted by the Department of Agriculture and Markets in Part 68 of Title 1 NYCRR.
6 CRR-NY 189.3
Current through October 15, 2021
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