N.Y. Environmental Conservation Law Section 11-0523
Destructive or menacing wildlife

  • taking without permit

1.

Owners and lessees and members of their immediate families actually occupying or cultivating lands, and persons authorized in writing and actually employed by them in cultivating such lands, may take (a) unprotected wildlife other than birds and (b) starlings, common crows and, subject to section 11-0513, pigeons, when such wildlife is injuring their property or has become a nuisance thereon. Such taking may be done in any manner, notwithstanding any provision of the Fish and Wildlife Law, except section 11-0513, or the Penal Law or any other law.

2.

Any bear killing or worrying livestock on land occupied or cultivated, or destroying an apiary thereon, may be taken or killed, at any time, by shooting or device to entrap or entice on such land, by the owner, lessee or occupant thereof, or any member of the owner’s, lessee’s or occupant’s immediate family or by any person employed by such owner, lessee or occupant. The owner or occupant of such lands shall promptly notify the nearest environmental conservation officer and deliver to such officer the carcass of any bear killed pursuant to this subdivision. The environmental conservation officer shall dispose of the carcass as the department may direct.

3.

Red-winged blackbirds, common grackles and cowbirds destroying any crop may be killed during the months of June, July, August, September and October by the owner of the crop or property on which it is growing or by any person in his employ.

4.

Varying hares, cottontail rabbits and European hares which are injuring property on occupied farms or lands may be taken thereon, at any time, in any manner, except by the use of ferrets, fitch-ferrets or fitch, by the owners or occupants of such farms or lands or by a person authorized in writing by them and actually employed by them in cultivating such farm lands.

5.

Skunks injuring property or which have become a nuisance may be taken at any time in any manner.

6.

Raccoons, muskrats, coyotes or fox injuring private property may be taken by the owner, occupant or lessee thereof, or an employee or family member of such owner, occupant or lessee, at any time in any manner.

7.

Whenever black, grey and fox squirrels, opossums or weasels are injuring property on occupied farms or lands or dwellings, they may be taken at any time in any manner, by the owners or occupants thereof or by a person authorized in writing by such owner or occupant.

8.

No license or permit from the department is required for any taking authorized by this section.

9.

Varying hares, cottontail rabbits, skunks, black, grey and fox squirrels, raccoons, muskrats, opossums or weasels taken pursuant to this section in the closed season or in a manner not permitted by section 11-0901 shall be immediately buried or cremated. No person shall possess or traffic in such skunks or raccoons or the pelts thereof or in such varying hares or cottontail rabbits or the flesh thereof.

Source: Section 11-0523 — Destructive or menacing wildlife; taking without permit, https://www.­nysenate.­gov/legislation/laws/ENV/11-0523 (updated Sep. 22, 2014; accessed Dec. 21, 2024).

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
11‑0509
Water chestnut
11‑0511
Possession and transportation of wildlife
11‑0512
Possession, sale, barter, transfer, exchange and import of wild animals as pets prohibited
11‑0513
Pigeons
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
11‑0519
Disposition of fish, wildlife, game, shellfish, crustacea or protected insects seized by or surrendered to enforcement officers
11‑0521
Destructive wildlife
11‑0522
Urban deer management pilot program
11‑0522‑A
Long Island deer management pilot program
11‑0523
Destructive or menacing wildlife
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
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
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

Accessed:
Dec. 21, 2024

Last modified:
Sep. 22, 2014

§ 11-0523’s source at nysenate​.gov

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