N.Y. Comp. Codes R. & Regs. tit. 6 § 174.1

Current through Register Vol. 46, No. 22, May 29, 2024

Section 174.1 - Definitions

As used in this Part the following terms shall have the following meanings:

(a) Bird breeder means a person engaged in the activity of propagating captive bred birds, as defined in this Part, for sale.

(b) Butt-end leg band means an open ring leg band applied by a bird breeder to the leg of a captive bred bird of any age using pliers or a similar tool.

(c) Seamless leg band means a solid ring leg band applied by a bird breeder to the leg of a newly hatched captive bred bird, incapable of being removed when the bird has reached adult size without either destroying the band or injuring the bird. To qualify as a seamless leg band the band must be permanently closed in such a way that it cannot be reopened without destroying the integrity of the band.

(d) Captive bred bird means birds born in captivity from eggs produced by captive parents. Captive bred bird shall not include birds designated as endangered or threatened in Part 182 of this Title or by the Secretary of the Interior as listed in Part 17 of Title 50 of the Code of Federal Regulations, birds listed as Migratory Birds in Part 10 of Title 50 of the Code of Federal Regulations or Prohibited Invasive Species listed in Part 575 of this Title.

(e) Department means the Department of Environmental Conservation.

(f) Bird means all live birds except domestic game birds as defined in ECL 11-0103(4)(a), and other domesticated birds such as chickens, turkeys, guinea fowl, peafowl and pigeons.

(g) Sale means any delivery or transfer of title to or possession of a bird for a consideration, and includes offering or exposing for sale, and soliciting for sale by catalogs, newspapers, magazines or other advertising matter. Any public display of a bird in a pet store or other retail or wholesale establishment dealing in birds shall be deemed to be an offering for sale.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 174.1

Adopted New York State Register October 30, 2019/Volume XLI, Issue 44, eff. 10/30/2019