N.Y. Comp. Codes R. & Regs. tit. 6 § 189.7

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

Section 189.7 - CWD containment area

(a)CWD containment areas.

The department may establish CWD containment areas in the event that CWD is confirmed to exist in CWD susceptible animals in New York. CWD containment areas shall be established by the department through publication of a notice in the Environmental Notice Bulletin. Such notice shall identify the boundaries of the containment area(s). Upon publication of notice of a CWD containment area, the provisions of this section shall apply to the identified area. The department shall also publicize the establishment of a CWD containment area through press release and by posting notice on the department's website.

(b)Exportation of certain animal parts from a CWD containment area.

No person shall remove from a CWD containment area the carcass or parts of any CWD susceptible animals obtained from or taken within a CWD containment area, except:

(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 may be transported out of a CWD containment area;

(2) carcasses or parts thereof may be exported from a CWD containment area under a license issued by the department pursuant to Environmental Conservation Law section 11-0515(1) or as authorized by subdivision (g) of this section;

(3) the department may authorize carcasses or parts thereof to be exported from a CWD containment area to specific cooperating taxidermists and processors or designated DEC check stations. Such authorization will be included with the CWD containment area description on the department's website.

(c)Mandatory check of deer taken within a CWD containment area.

All statutes, rules and regulations governing the taking of wild white-tailed deer apply within a CWD containment area. In addition, the following restrictions apply:

(1) All wild white-tailed deer taken within a CWD containment area during the open hunting seasons for deer shall be registered at a designated DEC check station located within the CWD containment area. The department shall post on the DEC website (www.dec.state.ny.us) and publish in the Environmental Notice Bulletin information regarding deer check station locations within the containment area and times of operation.

(2) Any person required to register a deer at a DEC check station pursuant to this section shall bring to the check station:

(i) the field dressed deer carcass; or

(ii) the deer head, which shall be unfrozen, with antlers still attached (if any), with approximately three inches of neck still attached, and marked with a tag bearing the printed name, signature, and address of the person who took the deer, and the carcass tag documentation (doc) number, season of kill, date of kill and location of kill. The deer head tag shall be provided by the person registering the deer.

(3) Any person required to register a deer at a DEC check station pursuant to this section shall allow DEC staff to collect and retain tissue samples from the deer to test for the presence of CWD.

(d)Possession of deer or moose killed by collision.

Notwithstanding the provisions of Environmental Conservation Law section 11-0915, the owner of a motor vehicle which has been damaged by collision with a deer or moose within a CWD containment area is prohibited from possessing such deer or moose, and no permit for possession of the deer or moose carcass shall be issued to the vehicle owner or to any other party.

(e)Urine, fecal, glandular, or velvet products of CWD susceptible animals.

No person shall collect, possess, transport or sell the urine, feces, glandular secretions, or velvet products of any CWD susceptible animal located or taken within the CWD containment area.

(f)Rehabilitation of wild white-tailed deer or wild moose.

(1) No person, including any licensed wildlife rehabilitator, shall take, capture, possess, or transport wild white-tailed deer or wild moose for the purpose of rehabilitation within a CWD containment area.

(2) No person shall import into a CWD containment area, from outside such CWD containment area, any live wild white-tailed deer or wild moose for any purpose.

(g)Disposal of carcasses and parts.

No person shall dispose of carcasses and parts of CWD susceptible animals in a CWD containment area via composting, rendering, or distribution on the landscape, except those parts removed in the field during normal field dressing, unless such parts shall be incinerated or disposed of in a landfill authorized pursuant to Part 360 of this Title. Transfer or treatment of the waste prior to disposal, at a facility authorized pursuant to Part 360 of this Title, is acceptable.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 189.7

Amended New York State Register November 13, 2019/Volume XLI, Issue 46, eff. 11/13/2019