New York Consolidated Laws, Environmental Conservation Law - ENV § 11-1701. Application of sections 11-1703, 11-1705 and 11-1707

1. Sections 11-1703, 11-1705 and 11-1707 apply to fish, wildlife and game lawfully taken outside the state and lawfully transported from the place of taking, except trout raised in a private hatchery, domestic game as defined in section 11-0103, fish from a licensed fishing preserve and carcasses of foreign game as defined in section 11-1717.

2. Sections 11-1703, 11-1705, and 11-1707 do not limit the privileges of the holder of a license issued under section 11-0515 to import live fish and wildlife, or his privileges with respect to possession, transportation and sale, within the state.

3. Fish referred to by their common names are the fish so referred to and more specifically identified in an order adopted pursuant to section 11-1303 and in section 13-0339 of this chapter.  The open seasons for fish are specified by order adopted pursuant to section 11-1305 of this article;  those for game are specified in sections 11-0905, 11-0907 and 11-1103 of this article.

4. For the purposes of sections 11-1703, 11-1705 and 11-1707, there is an open season for a species (a) if it is a fish not protected by law or is unprotected wildlife, at any time, and (b) in any other case, at any time when there is an open season for taking it, anywhere in the state.

5. Sections 11-1705, 11-1711, 11-1721, 11-1723 and 11-1725 do not apply to the importation, possession, or sale of captive bred and raised North American elk (Cervus elaphus).