Last updated Feb 2018
New York State Department of Environmental Conservation
Special Licenses Unit
Albany, NY 12233-4752
Phone: (518) 402-8985
Is a state permit needed for banding?
New York Consolidated Laws.
Environmental Conservation Law
Article 11. Fish and Wildlife.
§ 11-0515. Licenses to collect, possess or sell for propagation, scientific or exhibition purposes.
1. The department may issue to any person a license revocable at its pleasure to collect or possess fish, wildlife, shellfish, crustacea, aquatic insects, birds’ nests or eggs for propagation, banding, scientific or exhibition purposes. The department in its discretion may require an applicant to pay a license fee of ten dollars, to submit written testimonials from two well-known persons and to file a bond of two hundred dollars to be approved by the department that he will not violate any provisions of this article. Each licensee shall file with the department on or before February 1 a report of his operations during the preceding calendar year. Such license shall be effective until revoked.
Permit application forms
- Application Form
- Renewal/Amendment – same form
- Threatened and Endangered
- Salvage – same form, specify salvage in question 11
- Designated agents (to add others, such as subpermittees, to your permit)
Indicate on application form
Check permit conditions. Even if not expressly required to do so, you should always contact the manager of that particular state land unit or with the owner of private land before your arrival. You want to be aware of the hunting seasons, and, of course want to be sure that your activities will not interfere with the activities of that park, wildlife management area, or other state land unit, and that your activities will not adversely affect public use of the land or with the activities of private landowners.
Relevant sections of the New York Code, Rules, and Regulations
Title 6, Chapter 1, Subchapter I, Part 175
Part 175: Special Licenses and Permits – Definitions and Uniform Procedures
[Last Amended: August 16, 2006]
* 175.1 Purpose
* 175.2 Definitions
* 175.3 General Requirements for Applications
* 175.4 Department Action on Applications
* 175.5 License or Permit Revocations by the Department
* 175.6 Special Provisions
(a) Definitions. The Environmental Conservation Law contains, but does not define, certain terms used in relation to the authorization of the issuance of special licenses and permits to collect, possess and traffic in certain species of fish and wildlife and products made from these species. Definitions are promulgated by these regulations to provide guidance for consistent review of applications for and issuance of such special licenses and permits. Definition of these terms will place holders of these special licenses and permits on notice as to which activities may be authorized and which are not.
(b) Uniform procedures. These regulations describe, notwithstanding any provision of this Chapter to the contrary, general requirements for applications, department action on applications, revocation procedures and special provisions for special licenses and permits authorized by the provisions of articles 11 and 13 of the Environmental Conservation Law except hunting, fishing and trapping licenses issued pursuant to title 7 of article 11 or section 11-0913.
(c) Applicability. This Part applies to special licenses and permits, hereinafter called licenses and Permits, authorized by the following sections of the Environmental Conservation Law:
(2) title 5 of article 11: section 11-0505 – Interference with fish and wildlife; section 11-0507 – Liberation of fish and wildlife; section 11- 0511 – Possession and transportation of wildlife; section 11-0515 – Licenses to collect, possess or sell; section 11-0517 – Taking for propagation and stocking, fish hindering propagation of food fish or shellfish; section 11- 0535 – Endangered and threatened species; section 11-0536 – Sale of certain wild animals or their products;
As used in sections 11-0305, 11-0515, 11-0517, 11-0536, 11- 0917, 11-1705, 11-1901, 11-1903, 11-1905, 11-1907, 11-1909, 11-1911 and 11-1913 of the Environmental Conservation Law, in Parts 173, 174, 180 and 182 of this Title and in licenses or permits issued pursuant to such sections and Parts and applications for such licenses and permits, the following terms shall mean:
(e) Scientific means use of fish, wildlife or parts thereof by a scientific institution, clinic, laboratory or individual researcher to expand scientific knowledge or to gain knowledge of a fish or wildlife species, population or community. Captive-bred populations may be established and maintained as part of a scientific endeavor.
§175.3 General Requirements for Applications
(a) General requirements for complete application. In order to be determined complete for the purpose of commencing department review, the application for a license or permit must meet the following criteria:
(1) The application must include a properly completed department application form.
(2) The application must be accompanied with cash or a check, money order or voucher, made payable to the Department of Environmental Conservation for the total amount of the license, permit or application fee, where applicable. Cash payments should not be submitted through the mail.
(3) The application may be modified by the applicant at any time prior to the license or permit issuance. A modification of an application will require a commensurate extension of the review time period.
(4) The application will bear a form notice to the effect that false statements made therein are punishable pursuant to section 210.45 of the Penal Law and this notice must be signed by the applicant.
(5) The application must be submitted to the appropriate department office as identified on the application or application instructions.
(6) If the applicant is a corporation, firm, partnership, association, institution, or public or private agency, the application must be signed on behalf of such entity by the president or an appropriate principal officer.
§175.4 Department Action on Applications
(a) The department will determine if an application is complete for review. Incomplete or vague applications will be returned to the applicant with a request for additional information within 30 calendar days after receipt of the application. The application review time period will not begin until the department has determined that an application is complete.
(b) If the application is determined to be complete, the department will mail to the applicant a decision in the form of a license or permit with conditions or, if applicable, a statement that the license or permit applied for has been denied, with an explanation for the denial, within 45 calendar days after receipt of the completed application.
(c) If the department fails to mail a decision within the time periods specified above, the applicant may make notice of that failure, by means of certified mail, return receipt requested, for all licenses and permits listed in 175.1(c)(1)-(9) of this Part, addressed to the Director of the Division of Fish, Wildlife and Marine Resources, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233 and for all licenses and permits listed in 175.1(c)(10) of this Part, addressed to the Chief, Bureau of Marine Resources, NYS Department of Environmental Conservation, 205 N. Belle Mead Road, Suite 1, E. Setauket, NY 11733. This notice must contain the applicant’s name, the name of the license or permit applied for, and the date the application was mailed to the department.
(d) If the department fails to mail the decision to the applicant within 15 working days of the receipt of such notice, the application will be deemed approved and the license or permit deemed granted, subject to the standard terms or conditions applicable to such license or permit.
§175.5 License or Permit Revocations by the Department
(a) Licenses or permits may be revoked by the department for a period of time it deems appropriate, after taking into consideration all relevant circumstances. The grounds for revocation include:
(1) materially false or inaccurate statements in the application, supporting papers or required reports;
(2) failure by the licensee or permittee to comply with any terms or conditions of the license or permit;
(3) exceeding the scope of the purpose or activities described in the application;
(4) noncompliance with any provisions of the Environmental Conservation Law, any other State or Federal laws or regulations of the department directly related to the licensed or permitted activity; and
(5) checks, money orders or vouchers, submitted by the applicant for a license, permit or application fee which are subsequently returned to the department for insufficient funds or nonpayment after the license or permit has been issued.
(b) The department shall send a notice of intent to revoke to the licensee or permittee by certified mail return receipt requested. The notice must state the alleged facts or conduct which warrant the intended action.
(c) Within 10 working days of receiving a notice of intent to revoke, the licensee or permittee may submit a written statement, for all licenses or permits listed in 175.1(c)(1)-(9) of this Part, addressed to the Director of the Division of Fish, Wildlife and Marine Resources, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233 and for all licenses and permits listed in 175.1(c)(10) of this Part addressed to the Chief, Bureau of Marine Resources, NYS Department of Environmental Conservation, 205 N. Belle Mead Road, Suite 1, E. Setauket, NY 11733. The written statement must set forth either the reasons why the license or permit should not be revoked, or a request for a hearing, or both. Failure by the licensee or permittee to timely submit a statement or request a hearing will result in the department’s action becoming effective on the date specified in the notice.
(d) Within 10 working days of receipt of the licensee’s or permittee’s statement or request for hearing, the department shall either:
(1) if only a statement is submitted, rescind or confirm the notice of revocation based on the information provided by the licensee or permittee; or
(2) if a hearing has been requested, notify the licensee or permittee of a date and place for a hearing. The hearing shall not be held earlier than 30 days from the date of this notification.
(e) In the event such a hearing is held, the Director of the Division of Fish and Wildlife or the Director of the Division of Marine Resources, as appropriate, or the director’s agent shall, within 30 calendar days of receipt of the completed record of the hearing, issue a decision which:
(1) continues the license or permit in effect as originally issued;
(2) modifies the license or permit conditions; or
(3) revokes the license or permit.
(f) Nothing in this Part precludes or affects the commissioner’s authority to take emergency actions summarily suspending a license or permit under section 401 of the State Administrative Procedure Act
(g) Any person holding a license or permit must surrender such license or permit to the issuing office upon notification that the license or permit has been revoked by the department.
(h) When a license or permit has been revoked, the former licensee or permittee must comply with written directives, provided by the department, for the final disposition of any fish, game, wildlife, shellfish, crustacea, protected insects, parts or products thereof or any other property or thing formerly possessed under license or permit. All liabilities and expenses for the final disposition of such fish, game, wildlife, shellfish, crustacea, or protected insects, parts, products or articles are the responsibility of the former licensee or permittee.
§175.6 Special Provisions
(a) Any time period specified in this Part may be extended for good cause, by the department. The department must notify the applicant or licensee in writing of the duration of the extension.
(b) At any time during the review of an application for a license or permit or renewal, the department may request in writing any additional information which is reasonably necessary to make any findings or determinations required by law or regulation. Such a request must be explicit, and must indicate the reasonable date by which the department is to receive the information. Failure to provide such information by the date specified in the request will be grounds for deeming the application incomplete and the department will return the application to the applicant.
(c) Where this regulation requires exchange of written materials within specified time periods, postmark dates will satisfy the requirements, when not otherwise specifically provided.
(d) Any person issued a license or permit assumes all liability and responsibility for any activity conducted under the authority of such license or permit or actions resulting from activities authorized by the license or permit.
(e) Any person who has been issued a license or permit pursuant to this Part consents to allow any authorized representative of the department access to enter upon his or her premises to conduct inspections for compliance with license or permit conditions or to take any action it deems necessary to stop or mitigate any threat to the health and welfare of fish or wildlife populations or the human population resulting from activities authorized pursuant to his or her license or permit.
New York state endangered species law
New York Consolidated Law. Environmental Conservation Title.
Section 11-0515. Licenses to collect, possess or sell for propagation, scientific or exhibition purposes
1. The department may issue to any person a license revocable at its pleasure to collect or possess fish, wildlife, shellfish, crustacea, or aquatic insects, birds’ nests or eggs for propagation, banding, scientific or exhibition purposes. The department in its discretion may require an applicant to pay a license fee of ten dollars, and to file a bond of two hundred dollars to be approved by the department that he or she will not violate any provisions of this article. Each licensee shall file with the department a report containing such information as the department may require. Such license shall be in force for one year only and shall not be transferable.
2. The department may also issue a license revocable at its pleasure to possess and sell protected fish, wildlife, shellfish, crustacea or aquatic insects for propagation, scientific or exhibition purposes. The department in its discretion may require a license fee of ten dollars. Such license shall be in force for one year only and shall not be transferable. Each licensee shall file with the department a report containing such information as the department may require. Fish, wildlife, shellfish, crustacea or aquatic insects lawfully possessed under this section may be sold at any time by the licensee for propagation, scientific or exhibition purposes only.
Part 182: Endangered and Threatened Species Of Fish and Wildlife; Species Of Special Concern
§182.6 Endangered species, threatened species and species of special concern
Golden Eagle (Aquila chrysaetos)
Peregrine Falcon (Falco peregrinus)
Spruce Grouse (Falcipennis canadensis)
Black Rail (Laterallus jamaicensis)
Piping Plover (Charadrius melodus)
Eskimo Curlew (Numenius borealis)
Roseate Tern (Sterna dougallii dougallii)
Black Tern (Chlidonias niger)
Short-eared owl (Asio flammeus)
Loggerhead shrike (Lanius ludovicianus)
Pied-billed Grebe (Podilymbus podiceps)
Least Bittern (Ixobrychus exilis)
Bald Eagle (Haliaeetus leucocephalus)
Northern Harrier (Circus cyaneus)
King Rail (Rallus elegans)
Upland Sandpiper (Bartramia longicauda)
Common Tern (Sterna hirundo)
Least Tern (Sterna antillarum)
Sedge Wren (Cistothorus platensis)
Henslow’s Sparrow (Ammodramus henslowii)
Common Loon (Gavia immer)
American Bittern (Botaurus lentiginosus)
Osprey (Pandion haliaetus)
Sharp-shinned Hawk (Accipiter striatus)
Cooper’s Hawk (Accipiter cooperii)
Northern Goshawk (Accipiter gentilis)
Red-shouldered Hawk (Buteo lineatus)
Black Skimmer (Rynchops niger)
Common Nighthawk (Chordeiles minor)
Whip-poor-will (Caprimulgus vociferus)
Red-headed Woodpecker (Melanerpes erythrocephalus)
Horned Lark (Eremophila alpestris)
Bicknell’s Thrush (Catharus bicknelli)
Golden-winged Warbler (Vermivora chrysoptera)
Cerulean Warbler (Dendroica cerulea)
Yellow-breasted Chat (Icteria virens)
Vesper sparrow (Pooecetes gramineis)
Grasshopper sparrow (Ammodramus savannarum)
Seaside sparrow (Ammodramus maritimus)