State Codes and Statutes

Statutes > New-york > Env > Article-11 > Title-7 > 11-0713

§ 11-0713. Procedure in issuing licenses.    1.  a.  All  licenses,  stamps,  tags,  buttons,  permits,  and permit  applications authorized  by  this  title  or  section  13-0355  of  this  chapter,  and  any  additional  privileges  authorized by the department  shall be issued by:    (1) clerks of  a  county,  town  or  city,  except  a  city  having  a  population  of  one  million  or  more, although such clerks may request  authorization from the department to cease issuing such licenses,    (2) clerks of a village having  more  than  one  thousand  inhabitants  according  to  the  last  preceding federal census, or of a village in a  county of less than five hundred thousand inhabitants, adjoining a  city  of over one million inhabitants, both according to such census, although  such  clerks  may  request  authorization  from  the department to cease  issuing such licenses, and    (3) license issuing officers as may be appointed by the  commissioner.  Applicants for designation as license issuing officers shall be over the  age  of  eighteen  years  and  shall  meet  such  other  requirements of  eligibility, including posting bond, as the department may by regulation  specify. Such issuing officers shall be entitled to receive and keep the  same fees for issuing licenses and stamps that are specified in  section  11-0715  of  this  title  for issuing clerks and section 13-0355 of this  chapter,  and  shall  file  reports  and  remit  license  fees  to   the  appropriate   regional   environmental   conservation   officer  or  the  department as required by regulation.    b. Special antlerless deer licenses shall be issued by the  department  as provided in subdivision 6 of section 11-0903 of this article.    c.  One-day  fishing  licenses and one-day recreational marine fishing  licenses may be issued by any person who has never been convicted of  or  pleaded guilty to a misdemeanor under this chapter within the past three  years,  and  has not been convicted of a crime under any other law. Such  licenses shall be issued to any such person  following  payment  of  the  applicable  license  fee  for each license. One-day fishing licenses and  one-day recreational marine fishing licenses may be sold by the  initial  purchaser  for  no more than the applicable license fee, plus one dollar  for the person selling such license. In the case of misuse or  fraud  in  handling  the  fishing licenses, the department shall have the authority  to revoke the privilege to buy and sell the licenses.    2. The issuing officer shall not issue a junior archery license  to  a  person  between  the  ages  of  fourteen and sixteen or a junior hunting  license to a person between the ages of twelve and sixteen years  unless  at the time of issuance applicant is accompanied by his or her parent or  legal  guardian  who  shall  consent  to the issuance of the license and  shall so signify by signing his name in ink across the face of it. At no  time shall such licenses be issued by mail to persons between  the  ages  of twelve and sixteen years.    3.  a.  Subject  to  the  provisions  of  paragraphs  b  and c of this  subdivision, the issuing officer shall not issue a license, stamp,  tag,  button,  permit,  or  permit  application which authorizes the holder to  hunt wildlife, to any person unless the applicant presents:    (1) a license which authorizes the holder to hunt wildlife  issued  to  him previously; or    (2) an affidavit from a license issuing officer stating that applicant  previously has been issued a license which authorizes the holder to hunt  wildlife; or    (3) a certificate of qualification in responsible hunting, responsible  bowhunting  and responsible trapping practices, including safety, ethics  and landowner-hunter relations, issued or  honored  by  the  department,  pursuant to this subdivision.b.  (1)  The  issuing officer shall not issue a license or stamp which  authorizes the holder to exercise the privilege of hunting big game with  a longbow to any person unless the applicant presents a New  York  state  license  or  stamp which authorizes the holder to exercise the privilege  of hunting big game with a longbow issued in 1980 or later, an affidavit  as  provided  in  subparagraph 2 of paragraph a of this subdivision or a  certificate of qualification in responsible bowhunting practices  issued  or honored by the department.    (2)  The  issuing  officer  shall  not issue a trapping license to any  person unless the applicant presents a trapping license  issued  to  him  previously, an affidavit as provided in subparagraph 2 of paragraph a of  this  subdivision  or  a  certificate  of  qualification  in responsible  trapping practices.    c.  The  issuing  officer  shall  not  issue  a  bowhunting  stamp  or  muzzle-loading  stamp  to  any  resident unless the applicant presents a  junior hunting license if the licensee is at least fourteen  years  old,  or  a  small  and  big  game,  free  sportsman, or sportsman or resident  super-sportsman license issued to  that  person  for  the  corresponding  license year.    d. Certifications of qualification in responsible hunting, responsible  bowhunting  and  responsible  trapping  practices  may  be  made by duly  qualified and designated persons, whose fitness to give instructions  in  said  practices  has  been determined by an agent of the department. The  department may designate any person it deems qualified  to  act  as  its  agent  in  the giving of instruction and the making of certification. No  charge shall be made for any  certificate  or  instruction  given  to  a  person to qualify him or her to obtain a license or stamp other than for  certain  instruction  and  materials  accredited  by  the  department to  provide preparation for final instruction and testing by agents  of  the  department or for replacement education certificates for a commission of  one  dollar to the issuing agent. The department shall make available to  the public courses  without  charge  which  do  not  require  additional  preparation  at  the  expense  of  students, and may also offer optional  courses which require  preparatory  instruction  which  may  be  at  the  expense  of  the  student. The department may make rules and regulations  which in its opinion effectuate better the purpose of this subdivision.    4. a. A person who has lost or accidentally  destroyed  a  license  or  stamp  authorizing  the  holder  to hunt, fish, or trap may apply to the  officer who issued it for a certificate in lieu  thereof.  Such  officer  shall issue a certificate stating the name and address of the applicant,  the  type  of  license  issued  and  the  fee,  if  any,  paid  for  it.  Applications and certificates furnished by the department shall be  used  for this purpose.    b.  A  person  who  has lost or accidentally destroyed a button or tag  issued with such a license or stamp may apply  to  any  license  issuing  officer  for  a  duplicate  and  the  department shall issue a duplicate  button or tag when satisfied that the application is made in good faith.  A duplicate free sportsman tag shall be issued free of charge.    c. A person who has lost or accidentally destroyed a  deer  management  permit  may  apply  to any license issuing officer for a duplicate. Such  officer shall issue a duplicate tag when satisfied that the  application  is  made  in  good  faith.  The  officer  shall also issue a certificate  stating the name and address of the applicant, the identifying number of  the tag that is  being  issued  and  the  fee,  if  any,  paid  for  it.  Applications and tags furnished by the department shall be used for this  purpose.    5.  The commissioner shall establish a toll-free telephone number or a  dedicated number for use to purchase sporting licenses  by  credit  cardpurchasers.  Notwithstanding any inconsistent provision of this chapter,  the commissioner may authorize the sale of licenses  via  the  internet,  telephone  or  mail  and establish procedures therefor, and may, through  bulk sales or otherwise, furnish licenses for retail sale to outdoor and  recreational   outlets   and   not-for-profit   organizations,  and  the  department  may  sell  licenses  at  department  facilities.  Except  as  provided  in  subdivision  1  of  this section, a license sold at retail  shall not be sold for a price which exceeds the  fee  for  such  license  established in the fish and wildlife law.    * 6.  The  department shall adopt regulations for the training in safe  use of hunting with a crossbow and responsible hunting  practices.  Such  training shall be included in the basic hunter education course required  of all new hunters. Upon completion of the training by an individual the  department  shall  provide documentation of the successful completion of  the course. All persons who have completed hunter education prior to the  date which crossbow training  has  been  incorporated  into  the  hunter  education  program  shall  complete an on line or other training program  approved by the department prior to using a crossbow to hunt  big  game.  The  department may adopt rules and regulations as necessary to document  completion of this program and may require  a  person  to  possess  such  proof while hunting with a crossbow.    * NB Repealed December 31, 2012

State Codes and Statutes

Statutes > New-york > Env > Article-11 > Title-7 > 11-0713

§ 11-0713. Procedure in issuing licenses.    1.  a.  All  licenses,  stamps,  tags,  buttons,  permits,  and permit  applications authorized  by  this  title  or  section  13-0355  of  this  chapter,  and  any  additional  privileges  authorized by the department  shall be issued by:    (1) clerks of  a  county,  town  or  city,  except  a  city  having  a  population  of  one  million  or  more, although such clerks may request  authorization from the department to cease issuing such licenses,    (2) clerks of a village having  more  than  one  thousand  inhabitants  according  to  the  last  preceding federal census, or of a village in a  county of less than five hundred thousand inhabitants, adjoining a  city  of over one million inhabitants, both according to such census, although  such  clerks  may  request  authorization  from  the department to cease  issuing such licenses, and    (3) license issuing officers as may be appointed by the  commissioner.  Applicants for designation as license issuing officers shall be over the  age  of  eighteen  years  and  shall  meet  such  other  requirements of  eligibility, including posting bond, as the department may by regulation  specify. Such issuing officers shall be entitled to receive and keep the  same fees for issuing licenses and stamps that are specified in  section  11-0715  of  this  title  for issuing clerks and section 13-0355 of this  chapter,  and  shall  file  reports  and  remit  license  fees  to   the  appropriate   regional   environmental   conservation   officer  or  the  department as required by regulation.    b. Special antlerless deer licenses shall be issued by the  department  as provided in subdivision 6 of section 11-0903 of this article.    c.  One-day  fishing  licenses and one-day recreational marine fishing  licenses may be issued by any person who has never been convicted of  or  pleaded guilty to a misdemeanor under this chapter within the past three  years,  and  has not been convicted of a crime under any other law. Such  licenses shall be issued to any such person  following  payment  of  the  applicable  license  fee  for each license. One-day fishing licenses and  one-day recreational marine fishing licenses may be sold by the  initial  purchaser  for  no more than the applicable license fee, plus one dollar  for the person selling such license. In the case of misuse or  fraud  in  handling  the  fishing licenses, the department shall have the authority  to revoke the privilege to buy and sell the licenses.    2. The issuing officer shall not issue a junior archery license  to  a  person  between  the  ages  of  fourteen and sixteen or a junior hunting  license to a person between the ages of twelve and sixteen years  unless  at the time of issuance applicant is accompanied by his or her parent or  legal  guardian  who  shall  consent  to the issuance of the license and  shall so signify by signing his name in ink across the face of it. At no  time shall such licenses be issued by mail to persons between  the  ages  of twelve and sixteen years.    3.  a.  Subject  to  the  provisions  of  paragraphs  b  and c of this  subdivision, the issuing officer shall not issue a license, stamp,  tag,  button,  permit,  or  permit  application which authorizes the holder to  hunt wildlife, to any person unless the applicant presents:    (1) a license which authorizes the holder to hunt wildlife  issued  to  him previously; or    (2) an affidavit from a license issuing officer stating that applicant  previously has been issued a license which authorizes the holder to hunt  wildlife; or    (3) a certificate of qualification in responsible hunting, responsible  bowhunting  and responsible trapping practices, including safety, ethics  and landowner-hunter relations, issued or  honored  by  the  department,  pursuant to this subdivision.b.  (1)  The  issuing officer shall not issue a license or stamp which  authorizes the holder to exercise the privilege of hunting big game with  a longbow to any person unless the applicant presents a New  York  state  license  or  stamp which authorizes the holder to exercise the privilege  of hunting big game with a longbow issued in 1980 or later, an affidavit  as  provided  in  subparagraph 2 of paragraph a of this subdivision or a  certificate of qualification in responsible bowhunting practices  issued  or honored by the department.    (2)  The  issuing  officer  shall  not issue a trapping license to any  person unless the applicant presents a trapping license  issued  to  him  previously, an affidavit as provided in subparagraph 2 of paragraph a of  this  subdivision  or  a  certificate  of  qualification  in responsible  trapping practices.    c.  The  issuing  officer  shall  not  issue  a  bowhunting  stamp  or  muzzle-loading  stamp  to  any  resident unless the applicant presents a  junior hunting license if the licensee is at least fourteen  years  old,  or  a  small  and  big  game,  free  sportsman, or sportsman or resident  super-sportsman license issued to  that  person  for  the  corresponding  license year.    d. Certifications of qualification in responsible hunting, responsible  bowhunting  and  responsible  trapping  practices  may  be  made by duly  qualified and designated persons, whose fitness to give instructions  in  said  practices  has  been determined by an agent of the department. The  department may designate any person it deems qualified  to  act  as  its  agent  in  the giving of instruction and the making of certification. No  charge shall be made for any  certificate  or  instruction  given  to  a  person to qualify him or her to obtain a license or stamp other than for  certain  instruction  and  materials  accredited  by  the  department to  provide preparation for final instruction and testing by agents  of  the  department or for replacement education certificates for a commission of  one  dollar to the issuing agent. The department shall make available to  the public courses  without  charge  which  do  not  require  additional  preparation  at  the  expense  of  students, and may also offer optional  courses which require  preparatory  instruction  which  may  be  at  the  expense  of  the  student. The department may make rules and regulations  which in its opinion effectuate better the purpose of this subdivision.    4. a. A person who has lost or accidentally  destroyed  a  license  or  stamp  authorizing  the  holder  to hunt, fish, or trap may apply to the  officer who issued it for a certificate in lieu  thereof.  Such  officer  shall issue a certificate stating the name and address of the applicant,  the  type  of  license  issued  and  the  fee,  if  any,  paid  for  it.  Applications and certificates furnished by the department shall be  used  for this purpose.    b.  A  person  who  has lost or accidentally destroyed a button or tag  issued with such a license or stamp may apply  to  any  license  issuing  officer  for  a  duplicate  and  the  department shall issue a duplicate  button or tag when satisfied that the application is made in good faith.  A duplicate free sportsman tag shall be issued free of charge.    c. A person who has lost or accidentally destroyed a  deer  management  permit  may  apply  to any license issuing officer for a duplicate. Such  officer shall issue a duplicate tag when satisfied that the  application  is  made  in  good  faith.  The  officer  shall also issue a certificate  stating the name and address of the applicant, the identifying number of  the tag that is  being  issued  and  the  fee,  if  any,  paid  for  it.  Applications and tags furnished by the department shall be used for this  purpose.    5.  The commissioner shall establish a toll-free telephone number or a  dedicated number for use to purchase sporting licenses  by  credit  cardpurchasers.  Notwithstanding any inconsistent provision of this chapter,  the commissioner may authorize the sale of licenses  via  the  internet,  telephone  or  mail  and establish procedures therefor, and may, through  bulk sales or otherwise, furnish licenses for retail sale to outdoor and  recreational   outlets   and   not-for-profit   organizations,  and  the  department  may  sell  licenses  at  department  facilities.  Except  as  provided  in  subdivision  1  of  this section, a license sold at retail  shall not be sold for a price which exceeds the  fee  for  such  license  established in the fish and wildlife law.    * 6.  The  department shall adopt regulations for the training in safe  use of hunting with a crossbow and responsible hunting  practices.  Such  training shall be included in the basic hunter education course required  of all new hunters. Upon completion of the training by an individual the  department  shall  provide documentation of the successful completion of  the course. All persons who have completed hunter education prior to the  date which crossbow training  has  been  incorporated  into  the  hunter  education  program  shall  complete an on line or other training program  approved by the department prior to using a crossbow to hunt  big  game.  The  department may adopt rules and regulations as necessary to document  completion of this program and may require  a  person  to  possess  such  proof while hunting with a crossbow.    * NB Repealed December 31, 2012

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Env > Article-11 > Title-7 > 11-0713

§ 11-0713. Procedure in issuing licenses.    1.  a.  All  licenses,  stamps,  tags,  buttons,  permits,  and permit  applications authorized  by  this  title  or  section  13-0355  of  this  chapter,  and  any  additional  privileges  authorized by the department  shall be issued by:    (1) clerks of  a  county,  town  or  city,  except  a  city  having  a  population  of  one  million  or  more, although such clerks may request  authorization from the department to cease issuing such licenses,    (2) clerks of a village having  more  than  one  thousand  inhabitants  according  to  the  last  preceding federal census, or of a village in a  county of less than five hundred thousand inhabitants, adjoining a  city  of over one million inhabitants, both according to such census, although  such  clerks  may  request  authorization  from  the department to cease  issuing such licenses, and    (3) license issuing officers as may be appointed by the  commissioner.  Applicants for designation as license issuing officers shall be over the  age  of  eighteen  years  and  shall  meet  such  other  requirements of  eligibility, including posting bond, as the department may by regulation  specify. Such issuing officers shall be entitled to receive and keep the  same fees for issuing licenses and stamps that are specified in  section  11-0715  of  this  title  for issuing clerks and section 13-0355 of this  chapter,  and  shall  file  reports  and  remit  license  fees  to   the  appropriate   regional   environmental   conservation   officer  or  the  department as required by regulation.    b. Special antlerless deer licenses shall be issued by the  department  as provided in subdivision 6 of section 11-0903 of this article.    c.  One-day  fishing  licenses and one-day recreational marine fishing  licenses may be issued by any person who has never been convicted of  or  pleaded guilty to a misdemeanor under this chapter within the past three  years,  and  has not been convicted of a crime under any other law. Such  licenses shall be issued to any such person  following  payment  of  the  applicable  license  fee  for each license. One-day fishing licenses and  one-day recreational marine fishing licenses may be sold by the  initial  purchaser  for  no more than the applicable license fee, plus one dollar  for the person selling such license. In the case of misuse or  fraud  in  handling  the  fishing licenses, the department shall have the authority  to revoke the privilege to buy and sell the licenses.    2. The issuing officer shall not issue a junior archery license  to  a  person  between  the  ages  of  fourteen and sixteen or a junior hunting  license to a person between the ages of twelve and sixteen years  unless  at the time of issuance applicant is accompanied by his or her parent or  legal  guardian  who  shall  consent  to the issuance of the license and  shall so signify by signing his name in ink across the face of it. At no  time shall such licenses be issued by mail to persons between  the  ages  of twelve and sixteen years.    3.  a.  Subject  to  the  provisions  of  paragraphs  b  and c of this  subdivision, the issuing officer shall not issue a license, stamp,  tag,  button,  permit,  or  permit  application which authorizes the holder to  hunt wildlife, to any person unless the applicant presents:    (1) a license which authorizes the holder to hunt wildlife  issued  to  him previously; or    (2) an affidavit from a license issuing officer stating that applicant  previously has been issued a license which authorizes the holder to hunt  wildlife; or    (3) a certificate of qualification in responsible hunting, responsible  bowhunting  and responsible trapping practices, including safety, ethics  and landowner-hunter relations, issued or  honored  by  the  department,  pursuant to this subdivision.b.  (1)  The  issuing officer shall not issue a license or stamp which  authorizes the holder to exercise the privilege of hunting big game with  a longbow to any person unless the applicant presents a New  York  state  license  or  stamp which authorizes the holder to exercise the privilege  of hunting big game with a longbow issued in 1980 or later, an affidavit  as  provided  in  subparagraph 2 of paragraph a of this subdivision or a  certificate of qualification in responsible bowhunting practices  issued  or honored by the department.    (2)  The  issuing  officer  shall  not issue a trapping license to any  person unless the applicant presents a trapping license  issued  to  him  previously, an affidavit as provided in subparagraph 2 of paragraph a of  this  subdivision  or  a  certificate  of  qualification  in responsible  trapping practices.    c.  The  issuing  officer  shall  not  issue  a  bowhunting  stamp  or  muzzle-loading  stamp  to  any  resident unless the applicant presents a  junior hunting license if the licensee is at least fourteen  years  old,  or  a  small  and  big  game,  free  sportsman, or sportsman or resident  super-sportsman license issued to  that  person  for  the  corresponding  license year.    d. Certifications of qualification in responsible hunting, responsible  bowhunting  and  responsible  trapping  practices  may  be  made by duly  qualified and designated persons, whose fitness to give instructions  in  said  practices  has  been determined by an agent of the department. The  department may designate any person it deems qualified  to  act  as  its  agent  in  the giving of instruction and the making of certification. No  charge shall be made for any  certificate  or  instruction  given  to  a  person to qualify him or her to obtain a license or stamp other than for  certain  instruction  and  materials  accredited  by  the  department to  provide preparation for final instruction and testing by agents  of  the  department or for replacement education certificates for a commission of  one  dollar to the issuing agent. The department shall make available to  the public courses  without  charge  which  do  not  require  additional  preparation  at  the  expense  of  students, and may also offer optional  courses which require  preparatory  instruction  which  may  be  at  the  expense  of  the  student. The department may make rules and regulations  which in its opinion effectuate better the purpose of this subdivision.    4. a. A person who has lost or accidentally  destroyed  a  license  or  stamp  authorizing  the  holder  to hunt, fish, or trap may apply to the  officer who issued it for a certificate in lieu  thereof.  Such  officer  shall issue a certificate stating the name and address of the applicant,  the  type  of  license  issued  and  the  fee,  if  any,  paid  for  it.  Applications and certificates furnished by the department shall be  used  for this purpose.    b.  A  person  who  has lost or accidentally destroyed a button or tag  issued with such a license or stamp may apply  to  any  license  issuing  officer  for  a  duplicate  and  the  department shall issue a duplicate  button or tag when satisfied that the application is made in good faith.  A duplicate free sportsman tag shall be issued free of charge.    c. A person who has lost or accidentally destroyed a  deer  management  permit  may  apply  to any license issuing officer for a duplicate. Such  officer shall issue a duplicate tag when satisfied that the  application  is  made  in  good  faith.  The  officer  shall also issue a certificate  stating the name and address of the applicant, the identifying number of  the tag that is  being  issued  and  the  fee,  if  any,  paid  for  it.  Applications and tags furnished by the department shall be used for this  purpose.    5.  The commissioner shall establish a toll-free telephone number or a  dedicated number for use to purchase sporting licenses  by  credit  cardpurchasers.  Notwithstanding any inconsistent provision of this chapter,  the commissioner may authorize the sale of licenses  via  the  internet,  telephone  or  mail  and establish procedures therefor, and may, through  bulk sales or otherwise, furnish licenses for retail sale to outdoor and  recreational   outlets   and   not-for-profit   organizations,  and  the  department  may  sell  licenses  at  department  facilities.  Except  as  provided  in  subdivision  1  of  this section, a license sold at retail  shall not be sold for a price which exceeds the  fee  for  such  license  established in the fish and wildlife law.    * 6.  The  department shall adopt regulations for the training in safe  use of hunting with a crossbow and responsible hunting  practices.  Such  training shall be included in the basic hunter education course required  of all new hunters. Upon completion of the training by an individual the  department  shall  provide documentation of the successful completion of  the course. All persons who have completed hunter education prior to the  date which crossbow training  has  been  incorporated  into  the  hunter  education  program  shall  complete an on line or other training program  approved by the department prior to using a crossbow to hunt  big  game.  The  department may adopt rules and regulations as necessary to document  completion of this program and may require  a  person  to  possess  such  proof while hunting with a crossbow.    * NB Repealed December 31, 2012