§ 11-1109. Registered muskrat marshes.

1. Applicability. A registered muskrat marsh is an enclosed marsh
which was registered with the department prior to September 1 of the
year previous to the year in which a privilege granted or a rule
provided by this section is invoked or applied.

2. Registration. Application for registration of a muskrat marsh shall
be made upon forms supplied for such purpose by the department. If the
department is satisfied that the marsh covered by the application is
being managed in accordance with sound management practices, it shall
issue a certificate of registration which shall entitle registrant to
apply for the permission provided for in this section. The department
shall be entitled to receive ten dollars as a registration fee.

3. Control of muskrats on registered marshes. The owner or lessee of a
registered marsh may apply to the department for permission to trap
within specified dates during the closed season in order to allow the
removal of surplus muskrats, not required for breeding stock.

4. Investigation; permit. The department shall cause an investigation
to be made of the allegations of all trapping applications filed with it
by registered applicants, and may, in its discretion, issue a permit to
such applicant, allowing him, and persons whom he may designate in
writing, to trap muskrats within specified dates during the closed
season, except that no such permit shall be issued for the trapping of
muskrats during the period from May 1 through October 31. The name and
address of every person designated in writing to trap shall, prior to
the time designee begins to trap, be forwarded by the registrant to the
Department of Environmental Conservation, Albany, New York, by
registered mail.

5. Regulations. Notwithstanding any other provisions of the Fish and
Wildlife Law to the contrary, the department may make regulations
governing the manner of trapping muskrats on registered marshes;
provided, however, that no such regulations shall be made which are more
restrictive than provisions of this chapter expressly regulating the
manner of taking muskrats.

6. Reports. Registrants shall, not later than May 1 of each year,
furnish the department with a report covering the number of muskrats
trapped.

7. License. No person other than the owner or lessee thereof shall
engage in trapping on a registered marsh unless he holds a trapping
license.