N.Y. Comp. Codes R. & Regs. tit. 6 § 189.3
Current through Register Vol. 46, No. 45, November 2, 2024
Section 189.3 - ProhibitionsNotwithstanding any other provision of this Chapter to the contrary, the following prohibitions shall apply:
(a)Importation of CWD susceptible animals.No person shall import into New York State any CWD susceptible animal except as authorized by the New York State Department of Agriculture and Markets pursuant to Part 68 of Title 1 NYCRR.
(b) Importation of carcasses and parts. No person shall import into New York or possess in New York the carcasses or parts of CWD susceptible animals obtained from or taken outside New York, except that: (1) the deboned meat, cleaned skull cap, antlers with no flesh adhering, raw or processed cape or hide, cleaned teeth or lower jaw, and finished taxidermy products of CWD susceptible animals may be imported and possessed provided that all such parts are marked as described in section 189.4 of this Part;(2) carcasses or parts thereof may be imported and possessed as specimens in a bona fide laboratory research study under a license issued by the department pursuant to Environmental Conservation Law section 11-0515(1) and provided that such parts or specimens are disposed of in accordance with accepted laboratory practices;(3) commercially traded meats and products, including cleaned hide, teeth, bone and antler used in the making of such products, may be imported and possessed provided that such products and parts are marketed and/or intended to be used in a manner that they will not be exposed to live CWD susceptible animals and such products and parts do not contain any portion of brain, eyes, spinal cord, tonsils, intestinal tract, spleen, or retropharyngeal lymph nodes;(4) carcasses and parts may be transported and shipped through New York as provided in section 189.5 of this Part.(c) Liberation of CWD susceptible animals. No person shall liberate or release to the wild in New York any CWD susceptible animal except for wild white-tailed deer (O. virginianus) or wild moose (A. alces) held in temporary captivity under license or permit issued by the department pursuant to Environmental Conservation Law, section 11-0507 or 11-0515.(d)Importation of carcasses and parts.No person shall import into New York or possess in New York the carcasses or parts of CWD susceptible animals obtained from or taken outside New York, except that:
(1) the deboned meat, cleaned skull cap, antlers with no flesh adhering, raw or processed cape or hide, cleaned teeth or lower jaw, and finished taxidermy products of CWD susceptible animals may be imported and possessed provided that all such parts are marked as described in section 189.4 of this Part;(2) carcasses or parts thereof may be imported and possessed as specimens in a bona fide laboratory research study under a license issued by the department pursuant to Environmental Conservation Law section 11-0515(1) and provided that such parts or specimens are disposed of in accordance with accepted laboratory practices;(3) commercially traded meats and products, including cleaned hide, teeth, bone and antler used in the making of such products, may be imported and possessed provided that such products and parts are marketed and/or intended to be used in a manner that they will not be exposed to live CWD susceptible animals and such products and parts do not contain any portion of brain, eyes, spinal cord, tonsils, intestinal tract, spleen, or retropharyngeal lymph nodes;(4) carcasses and parts may be transported and shipped through New York as provided in section 189.5 of this Part.(e)Liberation of CWD susceptible animals.No person shall liberate or release to the wild in New York any CWD susceptible animal except for wild white-tailed deer (O. virginianus) or wild moose (A. alces) held in temporary captivity under license or permit issued by the department pursuant to Environmental Conservation Law, section 11-0507 or 11-0515.
(f)Transportation of captive animals.No person shall transport within New York any captive or captive-bred CWD susceptible animal except as authorized by the New York State Department of Agriculture and Markets pursuant to Part 68 of Title 1 NYCRR.
N.Y. Comp. Codes R. & Regs. Tit. 6 § 189.3
Amended New York State Register February 11, 2015/Volume XXXVII, Issue 06, eff. 2/11/2015Amended New York State Register November 13, 2019/Volume XLI, Issue 46, eff. 11/13/2019Amended New York State Register July 29, 2020/Volume XLII, Issue 30, eff. 7/29/2020