|
|
|
State permit policies & procedures
Back to US State index
New York
Website New York State Department of Environmental Conservation
http://www.dec.ny.gov/
Permits
http://www.dec.ny.gov/permits/28633.html
Contact NYSDEC
Special Licenses Unit
625 Broadway
Albany, NY 12233-4752
Phone: (518) 402-8985
Is a permit needed for banding?Yes,
per permit application: Individuals applying for a license to collect,
possess, or band migratory birds must possess a valid Federal Permit
fromthe U.S. Fish and Wildlife Service, for the pertinent activity.
State licenses for banding migratory birds will be issued for five
years.
- and –
New York State Environmental Conservation Law
§ 11-0515. Licenses to collect, possess
or sell for propagation, scientific or exhibition
purposes.
1. The department may issue to any person a license revocable
at its pleasure to collect or possess
fish, wildlife, shellfish, crustacea, aquatic
insects, birds' nests or eggs for
propagation, banding, scientific or exhibition purposes. The department
in its discretion may require an applicant to pay a license fee of ten
dollars, to submit written testimonials from two well-known
persons and to file a bond of two hundred dollars to be approved
by the department that he will not violate
any provisions of this article. Each licensee shall file
with the department on or before February 1 a report of his operations
during the preceding calendar year. Such license
shall be effective until revoked.
Permit application forms
- Application Form -
Available here
or from the NYSDEC website
- Renewal - Available here
or from the NYSDEC website
- Threatened and Endangered Renewal- Available here
or from the NYSDEC website
- Threatened and Endangered
Renewal - Available here
or from the NYSDEC website
- Salvage - same form, specify salvage in question 11
State lands
Indicate on application form
Prior noticeCheck
permit conditions. Even if not expressly required to do so, you should
always contact the manager of that particular state land unit or with
the owner of private land before your arrival. You want to be aware of
the hunting seasons, and, of course want to be sure that your
activities will not interfere with the activities of that park,
wildlife management area, or other state land unit, and that your
activities will not adversely affect public use of the land or with the
activities of private landowners.
Policies
Relevant sections of the New York Code, Rules, and Regulations
Title 6, Chapter 1, Subchapter I, Part 175
Part 175: Special Licenses and Permits - Definitions and Uniform Procedures
[Last Amended: August 16, 2006]
Contents:
Sec.
* 175.1 Purpose
* 175.2 Definitions
* 175.3 General Requirements for Applications
* 175.4 Department Action on Applications
* 175.5 License or Permit Revocations by the Department
* 175.6 Special Provisions
§175.1 Purpose
(a) Definitions. The Environmental Conservation Law contains, but does
not define, certain terms used in relation to the authorization of the
issuance of special licenses and permits to collect, possess and
traffic in certain species of fish and wildlife and products made from
these species. Definitions are promulgated by these regulations to
provide guidance for consistent review of applications for and issuance
of such special licenses and permits. Definition of these terms will
place holders of these special licenses and permits on notice as to
which activities may be authorized and which are not.
(b) Uniform procedures. These regulations describe, notwithstanding any
provision of this Chapter to the contrary, general requirements for
applications, department action on applications, revocation procedures
and special provisions for special licenses and permits authorized by
the provisions of articles 11 and 13 of the Environmental Conservation
Law except hunting, fishing and trapping licenses issued pursuant to
title 7 of article 11 or section 11-0913.
(c) Applicability. This Part applies to special licenses and permits,
hereinafter called licenses and Permits, authorized by the following
sections of the Environmental Conservation Law:
(1) title 3 of article 11: section 11-0305(15) - Sale, barter,
purchase, possession, and transportation of Pacific salmon and parts
thereof;
(2) title 5 of article 11: section 11-0505 - Interference with fish and
wildlife; section 11-0507 - Liberation of fish and wildlife; section
11- 0511 - Possession and transportation of wildlife; section 11-0515 -
Licenses to collect, possess or sell; section 11-0517 - Taking for
propagation and stocking, fish hindering propagation of food fish or
shellfish; section 11- 0535 - Endangered and threatened species;
section 11-0536 - Sale of certain wild animals or their products;
(3) title 9 of article 11: section 11-0901 - Modified archer permit;
section 11-0907 - Permit to allow a nonambulatory hunter to take a deer
of either sex; section 11-0917 - Possession, transportation and sale of
wild game and other wildlife; section 11-0925 - Special dog training
areas; section 11-0927 - Field trials; section 11-0928 - Tracking dogs;
section 11- 0931 - Permit to possess a loaded firearm in a motor
vehicle;
(4) title 10 of article 11: section 11-1003 and 11-1007 - Falconry license;
(5) title 11 of article 11: section 11-1109 - Registered muskrat marsh;
(6) title 13 of article 11: section 11-1315 - Taking and sale of bait
fish; section 11-1317 - Fish bait, protection of aquatic insects;
(7) title 15 of article 11: section 11-1503 - License to use a net or
device to take fish; section 11-1507 - Nets in Lakes Erie and Ontario;
section 11-1509 - Nets in Chaumont Bay; section 11-1517 - Possession of
nets; section 11-1521 - Commercial striped bass license;
(8) title 17 of article 11: section 11-1703 - Importation, possession
and sale of fish; section 11-1707 - Importation and possession of fish,
game and wildlife imported during the closed season; section 11-1709 -
Importation and transportation of certain fish or fish eggs; section
11-1711 - Sale and transportation of flesh of big game from outside the
state; section 11-1713 - Flesh of bear possessed under special license;
section 11-1715 - Certification of domestic game and hatchery trout
propagated outside of the state; section 11-1719 - Game dealers'
license; section 11-1728 - Sale of live wild birds; section 11-1731 -
Bird plumage for fly tying purposes; section 11-1733 - Taxidermy
licenses;
(9) title 19 of article 11: section 11-1901 - Breeding of domestic game
birds; section 11-1903 - Shooting preserves; section 11-1905 - Breeding
of domestic game animals; section 11-1907 - Propagation of fur bearing
animals; section 11-1909 - Private trout and black bass hatcheries;
section 11-1911 - Farm fish ponds; section 11-1913 -Fishing preserves;
(10) title 21 of article 11: section 11-2101 - Powers of the department on conservation areas and facilities; and
(11) title 3 of article 13: section 13-0309 - Possession
transportation, taking and handling of shellfish; section 13-0311 -
Digger's permit to take shellfish for commercial purposes; section
13-0313 - Shellfish growers bed permit; section 13-0315 - Shellfish
shipper's and processor's permits; section 13-0316 - Marine hatcheries,
off-bottom and on-bottom culture permits; section 13-0319 - Shellfish
permits; section 13-0321 - Permit for the taking and importation of
shellfish for transplanting and other purposes; section 13-0323 -
Oyster permits; section 13-0325 - Permit to take, harvest, possess and
transplant hard clams and license for boat to take surf clams; section
13-0327 - Permit to transplant or salvage scallops; section 13-0329 -
Permits to take lobsters; section 13-0331 - Permits to take blueclaw
crabs; section 13-0333 - License to take menhaden; section 13-0335 -
Food fish license; section 13-0343 - License or permit for possession
and use of nets; section 13-0347 - Striped bass license.
§175.2 Definitions
As used in sections 11-0305, 11-0515, 11-0517, 11-0536, 11- 0917,
11-1705, 11-1901, 11-1903, 11-1905, 11-1907, 11-1909, 11-1911 and
11-1913 of the Environmental Conservation Law, in Parts 173, 174, 180
and 182 of this Title and in licenses or permits issued pursuant to
such sections and Parts and applications for such licenses and permits,
the following terms shall mean:
(a) Educational shall mean collection, possession and/or exhibition in
order to teach or instruct about the characteristics, ecological role
or conservation needs of a fish or wildlife species, population or
community.
(b) Exhibition means regular public display or showing of fish,
wildlife or parts thereof or products made therefrom where the display
itself is the chief object. A license or permit authorizing possession
for exhibition purposes may permit exhibition with the intention or
expectation of receiving monetary gain.
(c) Zoological means collection and/or possession of live fish and wildlife for use in:
(1) developing husbandry techniques for maintaining self-sustaining captive populations;
(2) establishment and maintenance of captive populations to supply
specimens to others for scientific or educational purposes; or
(3) preservation of a gene pool for possible reintroduction to the
wild. A license or permit authorizing collection and/or possession for
zoological purposes may provide that the fish or wildlife may be
exhibited.
(d) Propagation means production of selected species by application of
husbandry techniques in a controlled environment for commercial or
other authorized purposes.
(e) Scientific means use of fish, wildlife or parts thereof by a
scientific institution, clinic, laboratory or individual researcher to
expand scientific knowledge or to gain knowledge of a fish or wildlife
species, population or community. Captive-bred populations may be
established and maintained as part of a scientific endeavor.
§175.3 General Requirements for Applications
(a) General requirements for complete application. In order to be
determined complete for the purpose of commencing department review,
the application for a license or permit must meet the following
criteria:
(1) The application must include a properly completed department application form.
(2) The application must be accompanied with cash or a check, money
order or voucher, made payable to the Department of Environmental
Conservation for the total amount of the license, permit or application
fee, where applicable. Cash payments should not be submitted through
the mail.
(3) The application may be modified by the applicant at any time prior
to the license or permit issuance. A modification of an application
will require a commensurate extension of the review time period.
(4) The application will bear a form notice to the effect that false
statements made therein are punishable pursuant to section 210.45 of
the Penal Law and this notice must be signed by the applicant.
(5) The application must be submitted to the appropriate department
office as identified on the application or application instructions.
(6) If the applicant is a corporation, firm, partnership, association,
institution, or public or private agency, the application must be
signed on behalf of such entity by the president or an appropriate
principal officer.
§175.4 Department Action on Applications
(a) The department will determine if an application is complete for
review. Incomplete or vague applications will be returned to the
applicant with a request for additional information within 30 calendar
days after receipt of the application. The application review time
period will not begin until the department has determined that an
application is complete.
(b) If the application is determined to be complete, the department
will mail to the applicant a decision in the form of a license or
permit with conditions or, if applicable, a statement that the license
or permit applied for has been denied, with an explanation for the
denial, within 45 calendar days after receipt of the completed
application.
(c) If the department fails to mail a decision within the time periods
specified above, the applicant may make notice of that failure, by
means of certified mail, return receipt requested, for all licenses and
permits listed in 175.1(c)(1)-(9) of this Part, addressed to the
Director of the Division of Fish, Wildlife and Marine Resources, NYS
Department of Environmental Conservation, 625 Broadway, Albany, NY
12233 and for all licenses and permits listed in 175.1(c)(10) of this
Part, addressed to the Chief, Bureau of Marine Resources, NYS
Department of Environmental Conservation, 205 N. Belle Mead Road, Suite
1, E. Setauket, NY 11733. This notice must contain the applicant's
name, the name of the license or permit applied for, and the date the
application was mailed to the department.
(d) If the department fails to mail the decision to the applicant
within 15 working days of the receipt of such notice, the application
will be deemed approved and the license or permit deemed granted,
subject to the standard terms or conditions applicable to such license
or permit.
§175.5 License or Permit Revocations by the Department
(a) Licenses or permits may be revoked by the department for a period
of time it deems appropriate, after taking into consideration all
relevant circumstances. The grounds for revocation include:
(1) materially false or inaccurate statements in the application, supporting papers or required reports;
(2) failure by the licensee or permittee to comply with any terms or conditions of the license or permit;
(3) exceeding the scope of the purpose or activities described in the application;
(4) noncompliance with any provisions of the Environmental Conservation
Law, any other State or Federal laws or regulations of the department
directly related to the licensed or permitted activity; and
(5) checks, money orders or vouchers, submitted by the applicant for a
license, permit or application fee which are subsequently returned to
the department for insufficient funds or nonpayment after the license
or permit has been issued.
(b) The department shall send a notice of intent to revoke to the
licensee or permittee by certified mail return receipt requested. The
notice must state the alleged facts or conduct which warrant the
intended action.
(c) Within 10 working days of receiving a notice of intent to revoke,
the licensee or permittee may submit a written statement, for all
licenses or permits listed in 175.1(c)(1)-(9) of this Part, addressed
to the Director of the Division of Fish, Wildlife and Marine Resources,
NYS Department of Environmental Conservation, 625 Broadway, Albany, NY
12233 and for all licenses and permits listed in 175.1(c)(10) of this
Part addressed to the Chief, Bureau of Marine Resources, NYS Department
of Environmental Conservation, 205 N. Belle Mead Road, Suite 1, E.
Setauket, NY 11733. The written statement must set forth either the
reasons why the license or permit should not be revoked, or a request
for a hearing, or both. Failure by the licensee or permittee to timely
submit a statement or request a hearing will result in the department's
action becoming effective on the date specified in the notice.
(d) Within 10 working days of receipt of the licensee's or permittee's
statement or request for hearing, the department shall either:
(1) if only a statement is submitted, rescind or confirm the notice of
revocation based on the information provided by the licensee or
permittee; or
(2) if a hearing has been requested, notify the licensee or permittee
of a date and place for a hearing. The hearing shall not be held
earlier than 30 days from the date of this notification.
(e) In the event such a hearing is held, the Director of the Division
of Fish and Wildlife or the Director of the Division of Marine
Resources, as appropriate, or the director's agent shall, within 30
calendar days of receipt of the completed record of the hearing, issue
a decision which:
(1) continues the license or permit in effect as originally issued;
(2) modifies the license or permit conditions; or
(3) revokes the license or permit.
(f) Nothing in this Part precludes or affects the commissioner's
authority to take emergency actions summarily suspending a license or
permit under section 401 of the State Administrative Procedure Act
(g) Any person holding a license or permit must surrender such license
or permit to the issuing office upon notification that the license or
permit has been revoked by the department.
(h) When a license or permit has been revoked, the former licensee or
permittee must comply with written directives, provided by the
department, for the final disposition of any fish, game, wildlife,
shellfish, crustacea, protected insects, parts or products thereof or
any other property or thing formerly possessed under license or permit.
All liabilities and expenses for the final disposition of such fish,
game, wildlife, shellfish, crustacea, or protected insects, parts,
products or articles are the responsibility of the former licensee or
permittee.
§175.6 Special Provisions
(a) Any time period specified in this Part may be extended for good
cause, by the department. The department must notify the applicant or
licensee in writing of the duration of the extension.
(b) At any time during the review of an application for a license or
permit or renewal, the department may request in writing any additional
information which is reasonably necessary to make any findings or
determinations required by law or regulation. Such a request must be
explicit, and must indicate the reasonable date by which the department
is to receive the information. Failure to provide such information by
the date specified in the request will be grounds for deeming the
application incomplete and the department will return the application
to the applicant.
(c) Where this regulation requires exchange of written materials within
specified time periods, postmark dates will satisfy the requirements,
when not otherwise specifically provided.
(d) Any person issued a license or permit assumes all liability and
responsibility for any activity conducted under the authority of such
license or permit or actions resulting from activities authorized by
the license or permit.
(e) Any person who has been issued a license or permit pursuant to this
Part consents to allow any authorized representative of the department
access to enter upon his or her premises to conduct inspections for
compliance with license or permit conditions or to take any action it
deems necessary to stop or mitigate any threat to the health and
welfare of fish or wildlife populations or the human population
resulting from activities authorized pursuant to his or her license or
permit.
Part 182: Endangered and Threatened Species Of Fish and Wildlife; Species Of Special Concern
§182.6 Endangered species, threatened species and species of special concern
(a) Those endangered species which meet one or both of the criteria
specified in section 182.2(g) of this part and which are found, have
been found, or may be expected to be found in New York State include:
Common Name Scientific Name
(6) Birds:
(i) Golden eagle Aquila chrysaetos
(ii) Peregrine falcon Falco peregrinus
(iii) Spruce grouse Falcipennis canadensis
(iv) Black rail Laterallus jamaicensis
(v) Piping plover Charadrius melodus
(vi) Eskimo curlew Numenius borealis
(vii) Roseate tern Sterna dougallii dougallii
(viii) Black tern Chlidonias niger
(ix) Short-eared owl Asio flammeus
(x) Loggerhead shrike Lanius ludovicianus
(b) Those threatened species which meet one or both of the criteria
specified in section 182.2(h) of this part and which are found, have
been found, or may be expected to be found in New York State include:
Common Name Scientific Name
(6) Birds:
(i) Pied-billed grebe Podilymbus podiceps
(ii) Least bittern Ixobrychus exilis
(iii) Bald eagle Haliaeetus leucocephalus
(iv) Northern harrier Circus cyaneus
(v) King rail Rallus elegans
(vi) Upland sandpiper Bartramia longicauda
(vii) Common tern Sterna hirundo
(viii) Least tern Sterna antillarum
(ix) Sedge wren Cistothorus platensis
(x) Henslow's sparrow Ammodramus henslowii
(c) The following are designated as species of special concern as
defined in Section 182.2(i) of this Part. Species of special concern
warrant attention and consideration but current information, collected
by the department, does not justify listing these species as either
endangered or threatened.
Common Name Scientific Name
(6) Birds:
(i) Common loon Gavia immer
(ii) American bittern Botaurus lentiginosus
(iii) Osprey
Pandion haliaetus
(iv) Sharp-shinned hawk Accipiter striatus
(v) Cooper's hawk Accipiter cooperii
(vi) Northern goshawk Accipiter gentilis
(vii) Red-shouldered hawk Buteo lineatus
(viii) Black skimmer Rynchops niger
(ix) Common nighthawk Chordeiles minor
(x) Whip-poor-will
Caprimulgus vociferus
(xi) Red-headed woodpecker Melanerpes erythrocephalus
(xii) Horned lark Eremophila alpestris
(xiii) Bicknell's thrush Catharus bicknelli
(xiv) Golden-winged warbler Vermivora chrysoptera
(xv) Cerulean warbler Dendroica cerulea
(xvi) Yellow-breasted chat Icteria virens
(xvii) Vesper sparrow Pooecetes gramineis
(xviii) Grasshopper sparrow Ammodramus savannarum
(xix) Seaside sparrow Ammodramus maritimus
|
