N.Y. Comp. Codes R. & Regs. tit. 6 § 180.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 180.2 - Seizure of diseased native fish and feral animals

(a) When an environmental conservation officer or other authorized employee of the department determines or has substantial reason to believe that a native fish or feral animal which has been taken possesses an epizootic disease which endangers the health and welfare of native fish or feral animal populations, he shall seize such native fish or feral animal in the public interest to prevent the development, spread or introduction of such disease.

(b) Upon the seizure of such native fish or feral animal, an environmental conservation officer or such authorized employee of the department shall issue to the taker of such native fish or feral animal a special permit to take another specimen of the same species as that seized, provided such native fish or feral animal had been legally taken. Such special permit shall be valid only during the open season for such native fish or feral animal in effect at the time of issuance.

(c) In the event the taker wishes to retain such native fish or feral animal because it is of trophy status, the department will, where practical, attempt to decontaminate such native fish or feral animal and return it to the taker. The cost of such decontamination shall be borne by the taker. If such native fish or feral animal is returned to the taker, a special permit as provided in subdivision (b) of this section shall not be issued.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 180.2