New York State Consolidated Laws

Environmental Conservation

                                TITLE 21
           CONSERVATION AREAS AND FACILITIES; PRIVATE REFUGES
                            AND POSTED LANDS
Section  11-2101. Powers of the department.
     11-2103. Acquisition and use of property.
     11-2105. State game refuges.
     11-2106. National Wildlife refuge system; regulations.
     11-2107. Consent for the United States to acquire land or water for
           the establishment of migratory bird reservations.
     11-2111. Posting; service of notice.
     11-2113. Effect of posting or service of notice.
     11-2115. Posted and unposted lands; failure to leave  on request.
     11-2117. Damage to property, livestock or domestic fowl  by hunters
           and fishermen.

S 11-2101. Powers of the department.
   1. The department shall have power:
   a.  to  make  regulations  for  the use of state-owned boat-launching
sites and state-owned boat-access sites and public hunting, trapping and
fishing  grounds and to prohibit, limit and manage hunting, trapping and
fishing on lands, waters or lands and waters on which such  grounds  are
established, in such manner as it deems calculated to promote the public
interest, notwithstanding any other provision of the Fish  and  Wildlife
Law or other law;
   b.  by posting signs or serving notice as provided in section 11-2111
to protect any lands or  waters,  rights  or  interests  therein  owned,
leased or otherwise acquired by the state and assigned or made available
to the department for controlling, managing, propagating or distributing
fish or wildlife or for conducting and managing hatcheries or biological
stations,  game  farms,  rearing  stations,  refuges,  public   hunting,
trapping and fishing grounds or game management areas;
   c.  to  fix  the  terms  of  permits  issued  and regulations adopted
permitting the taking of fish or wildlife on, or entering upon, any area
or facility mentioned in this subdivision;
   d.  to  enter  into  cooperative agreement with any department of the
United States government, municipality or  person  for  the  purpose  of
better  promoting  fish and wildlife conservation practices on any lands
or waters owned, leased or otherwise acquired  by  the  state  and  made
available to the department for use by the department, or on other lands
or waters as provided in sections 11-0303, 11-0321 or 11-0501.
   e.  to dispose of surplus products of the state`s fish hatcheries and
to dispose of pheasant chicks and surplus pheasant eggs of  the  state`s
game farms as it deems proper.
   2.  Whenever  in  the  conduct  of  the  public hunting, trapping and
fishing grounds, game refuges and  other  areas  held  for  use  by  the
department,  in  the  opinion  of the department it becomes necessary to
remove trees and other products in order  to  manage  such  areas  along
lines  scientific  research indicates are best calculated to produce the
optimum conditions for fish or wildlife, the department may,  upon  such
terms as it may deem to be for the best interests of the state, sell the
trees, timber and other products on any such grounds, refuges  or  other
areas acquired by purchase, gift or devise for use by the department.

Sec. 11-2103.  Acquisition and use of property.
    1.   The  department  shall  have  power to acquire by lease,
purchase, gift, devise, agreement or otherwise from any  sources,
lands,  waters  or  lands  and  waters,  or any right or interest
therein for the purpose of establishing  and  maintaining  public
hunting, trapping and fishing grounds.
    2.   a.   The department shall have power to receive real and
personal property by gift or devise from any person or  from  the
United  States Government and to accept such property in the name
of the people of the state.  Under this power any property of any
nature  or any rights therein may be received and accepted if the
department deems it suitable for purposes of  fish  and  wildlife
management.
    b.   Lands  or waters accepted under this power shall be held
for the use of the department and shall be improved or  developed
as  the  department deems best for such purposes.  Such lands and
waters shall not become  part  of  the  forest  preserve  nor  be
subject  to  the  limitation  of  section 1 of article XIV of the
State Constitution.
    3.   The  department  may  purchase  the shooting and fishing
rights on lands or waters outside  the  Adirondack  and  Catskill
parks and establish game refuges thereon.

S 11-2105. State game refuges.
  1.  Any  enclosed land or water owned by the state may be set aside by
the department as a refuge for the protection of fish,  wildlife,  trees
and  plants.  Not more than one hundred thousand acres in the Adirondack
park nor more than fifteen thousand acres in the Catskill park shall  be
set  aside  for  such  purpose  nor  shall any land in the Adirondack or
Catskill park be so set aside without  the  approval  of  the  board  of
supervisors  or  county  legislative  body  of the county affected.  The
consent of the riparian owners shall  first  be  obtained  before  lands
under water and the waters thereon shall be so set aside.
  2.  Lands  and  waters set aside or established by the department as a
game  refuge  shall  remain  a  game  refuge  until  the  department  by
regulation permits the taking of fish and wildlife thereon.

  S 11-2106. National Wildlife refuge system; regulations.
  The  department  shall  adopt  regulations  in  relation  to  fish and
wildlife on lands of the national wildlife  refuge  system  within  this
state  which  regulations  shall conform to the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C. 668dd, 668ee), as presently
constituted or as hereafter amended, and regulations of the Secretary of
the Interior adopted pursuant thereto.

S  11-2107. Consent for the United States to acquire land or water   for
           the establishment of migratory bird reservations.
  Consent  of the state is given to the acquisition by the United States
by purchase, gift, devise or lease of such areas of land or water, or of
land  and water, in the state of New York, as the United States may deem
necessary for  the  establishment  of  migratory  bird  reservations  in
accordance  with  the Migratory Bird Conservation Act (16 U.S.C. S 715),
reserving, however, to the state  of  New  York  full  jurisdiction  and
authority  over all such areas not incompatible with the administration,
maintenance, protection and control thereof by the United  States  under
the terms of such act of Congress.

S 11-2111. Posting; service of notice.
   1.  An  area  protected  pursuant to this title and title nineteen of
this article shall be posted with signs not less than eleven  inches  by
eleven   inches,   bearing  a  conspicuous  statement  as  described  in
subdivision 2 of this section which shall cover a space of not less than
eighty  square  inches.  Such  signs  shall  be posted not more than six
hundred sixty feet apart, close to and along the boundaries of the  area
protected.  At  least  one  sign  shall  be  posted  on each side of the
protected area and on each side of each corner of  the  protected  area,
provided  the  corner  can  be  reasonably  ascertained.   Illegible  or
torn-down signs shall be replaced at least once a year.  Replacement  of
notices  on  state  game refuges shall be made in March, July, August or
September.
   2.  Signs  shall  bear  the  name  and  address  of the owner, lawful
occupant, or  other  person  or  organization  authorized  to  post  the
protected  area.  Signs  shall  bear a conspicuous statement which shall
either (a) consist of the word "posted", or (b) warn against  entry  for
specified  purposes or all purposes without the consent of the person or
organization  authorized  to  post  the  protected  area.   A  statement
consisting  of  the  word  "Posted"  shall  have the effect of a warning
against all such  acts.  The  department  may  by  regulation  authorize
additional  contents of such signs, including but not limited to symbols
indicating the acts which are prohibited.
   3.  Signs  to  prohibit  the  taking  of  fish  may  be posted by the
department up to one thousand feet from a fishway or dam erected by  the
state  in public waters, and shall read substantially:  "All persons are
prohibited by law from fishing in this stream between this point and the
fishway (or dam)."
   4. Personal service upon any person, in the name of the owner, lawful
occupant, or other person or organization authorized to  post  signs  as
provided   in  this  section,  of  a  notice  in  writing  containing  a
description of the premises and a warning provided by this section for a
posted sign, shall, after the service, have the same effect with respect
to the person served as if the premises described  in  the  notice  were
posted with such warning as provided in this section.
   5.  Private  lands  constituting  the bed, banks and shores of waters
stocked with fish by the department, with the consent of  the  owner  of
such lands, shall not be posted against public fishing within five years
from the date of such stocking, except where  an  alternate  arrangement
has  been  agreed to in writing by the department. Owner shall mean, for
purposes of this subdivision,  the  owner,  lawful  occupant,  or  other
person or organization having authority to post such lands.
   6.  The  provisions of this section shall not apply to the posting or
erection of notices identifying a restricted area  pursuant  to  section
11-0321.

S 11-2113. Effect of posting or service of notice.
   1.  No  person  shall  enter  or  remain  unlawfully or engage in any
activity upon land which has been posted pursuant to section 11-2111  in
violation  of the terms of such posted signs or the terms of any written
notice and warning served upon such person pursuant to subdivision  four
of section 11-2111.
   2.  No  person shall post any sign prohibiting or limiting activities
on land pursuant to this article, unless authorized  to  do  so  by  the
owner,  lawful occupant or other person or organization having authority
to post such lands.
   3.  No  unauthorized person shall injure, conceal, deface or remove a
sign erected and maintained as provided in section 11-2111.

Sec.  11-2115.   Posted  and  unposted lands; failure to leave on
request.
    1.   It  shall be unlawful for any person engaged in hunting,
trapping or fishing without permission upon the lands of another,
whether or not posted as provided in section 11-2111 not to leave
such lands immediately when requested to  do  so  by  the  owner,
lessee or lawful occupant.
    2.   Upon  any conviction of a violation of this section, all
the  current  licenses  held  by  the  person  convicted,  issued
pursuant  to  title  7  of  the  Fish  and Wildlife Law, shall be
revoked and he shall be ineligible for any  such  license  during
the  ensuing  license  year,  and  in the discretion of the court
ineligible therefor during an additional period not exceeding one
license year.
    3.   The  punishment  provided  in  this  section shall be in
addition  to  such  other  fines  and  penalties  as  the  person
convicted  may  have  incurred by violating any provision of this
title 21 of the Fish and Wildlife Law.

Sec.  11-2117.  Damage to property, livestock or domestic fowl by
                   hunters    and fishermen.
    No  person,  for the purpose of or while hunting, trapping or
fishing, shall without the permission of  the  owner,  lessee  or
lawful  occupant enter upon the land of another and while thereon
kill or injure any dog,  livestock  or  domestic  fowl,  or  cut,
destroy  or  damage any bars, gates or fence or any part thereof,
or deface or damage any vehicle,  farm  equipment,  buildings  or
appurtenances  to  the  land, resulting in damage to the owner or
occupant of the land or of the  dog,  livestock,  domestic  fowl,
bars,   gates,   fences,   vehicles,   equipment,   buildings  or
appurtenances to the land.