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 animals of the Genus Cervus, Genus Odocoileus or Genus Alces.
No person shall import into New York State any wild or captive animal of the Genus Cervus or the Genus Odocoileus or the Genus Alces except under permit issued by the New York State Department of Agriculture and Markets, in consultation with the department, pursuant to section 68.2 of Title 1 NYCRR.
(b) Feeding wild white-tailed deer or wild moose in New York.
No person shall feed wild white-tailed deer or wild moose at any time in New York State except:
(1) under a license or permit issued by the department pursuant to article 11, title 5 of the Environmental Conservation Law for bona fide scientific research, mitigation of wildlife damage or nuisance problems, or wildlife population reduction programs only;
(2) by planting, cultivating or harvesting of crops directly associated with bona fide agricultural practices, including planted wildlife food plots;
(3) by distribution of food material for livestock directly associated with bona fide agricultural practices;
(4) by distribution of food material for legally possessed captive animals of the Genus Cervus or the Genus Odocoileus or the Genus Alces; or
(5) by cutting of trees or brush.
(c) Distribution of certain food materials.
No person shall feed wild or captive animal of the Genus Cervus or the Genus Odocoileus or the Genus Alces with any material that contains protein derived from any mammalian tissues.
(d) Importation and possession of certain animal parts.
No person shall import into New York or possess the brain, eyes, spinal cord, tonsils, intestinal tract, spleen, or retropharyngeal lymph nodes, or any portion of such parts, of wild, captive, or captive-bred animals of the Genus Cervus or the Genus Odocoileus or the Genus Alces obtained from or taken outside New York, or any carcass containing such parts, except that:
(1) such parts, or carcasses containing such parts, may be imported and possessed as specimens in a bona fide laboratory research study provided that such parts or specimens are disposed of in accordance with accepted laboratory practices;
(2) such parts, or carcasses containing such parts, may be shipped or transported through New York as provided in section 189.5 of this Part;
(3) such parts, or carcasses containing such parts, may be imported and possessed pursuant to paragraph (e)(1) of this section.
(e) Importation of carcasses and parts.
No person shall import into New York or possess in New York the carcasses or parts of wild, captive, or captive-bred animals of the Genus Cervus or the Genus Odocoileus or the Genus Alces obtained from or taken outside New York, except that:
(1) carcasses and parts of wild animals of the Genus Cervus or the Genus Odocoileus or the Genus Alces taken in the following states and provinces may be imported and possessed provided that all such carcasses and parts are marked as described in section 189.4 of this Part:
(i) United States: Alabama, Connecticut, Delaware, Florida, Georgia, Kentucky, Maine, Massachusetts, Mississippi, New Hampshire, New Jersey, North Carolina, Rhode Island, South Carolina, Tennessee and Vermont;
(ii) Canada: New Brunswick, Newfoundland, Nunavut, Ontario, Prince Edward Island, and Quebec;
(2) carcasses and parts of wild animals of the Genus Cervus or the Genus Odocoileus or the Genus Alces taken outside New York, except for those states and provinces listed in paragraph (1) of this subdivision, may be imported and possessed provided that the parts listed in subdivision (d) of this section have been removed;
(3) carcasses and parts of captive or captive-bred animals of the Genus Cervus or the Genus Odocoileus or the Genus Alces taken or obtained from outside New York may be imported and possessed provided that the parts listed in subdivision (d) of this section have been removed;
(4) any meat of wild animals of the Genus Cervus or the Genus Odocoileus or the Genus Alces may be imported and possessed provided that such meat does not contain any parts listed in subdivision (d) of this section;
(5) the following parts may be imported and possessed: the hide; the cape; the antlers; the cleaned skull-cap with antlers attached; finished taxidermy mounts; tanned hides; and the upper canine teeth; and
(6) carcasses and parts may be transported and shipped through New York as provided in section 189.5 of this Part.
(f) Liberation of wild or captive animals.
No person shall:
(1) liberate or release to the wild in New York any captive or captive-bred animal of the Genus Cervus or the Genus Alces or the Genus Odocoileus except for wild white-tailed deer (O. virginianus) held in temporary captivity under license or permit issued by the department pursuant to Environmental Conservation Law, section 11-0507 or 11-0515(3) and Part 184 of this Title; or
(2) liberate or release to the wild in New York any wild animal of the Genus Alces or the Genus Cervus or the Genus Odocoileus except under license or permit issued by the department pursuant to Environmental Conservation Law, section 11-0507 or 11-0515(3) and Part 184 of this Title.
(g) Transportation of captive animals.
No person shall transport within New York any captive animal of the Genus Cervus or the Genus Odocoileus or the Genus Alces except under permit issued by the New York State Department of Agriculture and Markets pursuant to 1 NYCRR 68.2.
(h) Possession of wild white-tailed deer.
(1) No person who possesses any captive bred animals of the Genus Cervus or the Genus Odocoileus or the Genus Alces 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 animals of the Genus Cervus or the Genus Odocoileus or the Genus Alces shall capture or possess any live wild white-tailed deer.
6 CRR-NY 189.3
Current through October 15, 2019
End of Document© 2019 Thomson Reuters. No claim to original U.S. Government Works.