6 CRR-NY 189.7NY-CRR
6 CRR-NY 189.7
6 CRR-NY 189.7
189.7 CWD containment area.
(a) CWD containment areas.
The department may establish CWD containment areas in the event that CWD is discovered to exist in captive or wild deer or wild moose in New York. CWD containment areas shall be established by the department through publication of a notice in the Environmental Notice Bulletin. Such notice shall identify the boundaries of the containment area(s). Upon publication of notice of a CWD containment area, the provisions of this section shall apply to the identified area. The department shall also publicize the establishment of a CWD containment area through press release and by posting notice on the department's website.
(b) Exportation of certain animal parts from a CWD containment area.
No person shall remove from the CWD containment area 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 within the CWD containment area, or any carcass containing such parts, except under permit issued by the department or as authorized by subdivision (g) of this section.
(c) Mandatory check of deer taken within a CWD containment area.
All statutes, rules and regulations governing the taking of wild white-tailed deer apply within the CWD containment area. In addition, the following restrictions apply:
(1) All wild white-tailed deer taken within a CWD containment area during the open hunting seasons for deer shall be registered at a designated DEC check station located within the CWD containment area. The department shall post on the DEC website (www.dec.state.ny.us) and publish in the Environmental Notice Bulletin information regarding deer check station locations within the containment area and times of operation.
(2) Any person required to register a deer at a DEC check station pursuant to this section shall bring to the check station:
(i) the field dressed deer carcass; or
(ii) the deer head, which shall be unfrozen, with antlers still attached (if any), with approximately three inches of neck still attached, and marked with a tag bearing the printed name, signature, and address of the person who took the deer, and the carcass tag documentation (doc) number, season of kill, date of kill and location of kill. The deer head tag shall be provided by the person registering the deer.
(3) Any person required to register a deer at a DEC check station pursuant to this section shall allow DEC staff to collect and retain tissue samples from the deer to test for the presence of CWD.
(d) Possession of deer or moose killed by collision.
Notwithstanding the provisions of Environmental Conservation Law section 11-0915, the owner of a motor vehicle which has been damaged by collision with a deer or moose within a CWD containment area is prohibited from possessing such deer or moose, and no permit for possession of the deer or moose carcass shall be issued to the vehicle owner or to any other party.
(e) Deer, moose, and elk urine.
No person shall collect, possess, transport or sell the urine of any deer, moose or elk located or taken within the CWD containment area.
(f) Rehabilitation of wild white-tailed deer or wild moose.
(1) No person, including any licensed wildlife rehabilitator, shall take, capture, possess, or transport wild white-tailed deer or wild moose for the purpose of rehabilitation within a CWD containment area.
(2) No person shall import into a CWD containment area, from outside such CWD containment area, any live wild white-tailed deer or wild moose for any purpose.
(g) Disposal of carcasses and parts.
No person shall dispose of carcasses and parts of animals of the Genus Cervus or the Genus Odocoileus or the Genus Alces in a CWD containment area, except those parts removed in the field during normal field dressing, unless such parts shall be disposed of in a landfill authorized pursuant to Part 360 of this Title. Transfer or treatment of the waste prior to disposal, at a facility authorized pursuant to Part 360 of this Title, is acceptable.
6 CRR-NY 189.7
Current through August 31, 2017
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