N.Y. Environmental Conservation Law § 11-0707: Exemptions from requirement of hunting, fishing and trapping licenses

§ 11-0707. Exemptions from requirement of hunting, fishing and trapping

licenses.

1. Resident owners and lessees and members of their immediate

families, actually occupying and cultivating farm lands, on such farm

lands and the waters thereof, shall have the right,

a. to hunt wildlife except wild deer and bear,

b. to trap bobcat, coyote, fox, mink, muskrat, raccoon, opossum,

weasel, skunk, and unprotected wildlife that may lawfully be taken by

trapping (except that only the owner or lessee thereof may trap without

license on a registered muskrat marsh) and

c. to take fish and frogs, except that they may not take bait fish by

net or trap, all as if they held the licenses defined in section 11-0701

and required by section 11-0703, subdivision 6.

2. Minors under the age of sixteen may take fish and frogs as if they

held fishing licenses, except that they may not take bait fish by net or

trap.

3. Any person who is a patient at any facility in this state

maintained by the United States Veterans Health Administration or at any

hospital or sanitorium for treatment of tuberculosis maintained by the

state or any municipal corporation thereof or resident patient at any

institution of the department of Mental Hygiene, or resident patient at

the rehabilitation hospital of the department of Health, or any

incarcerated individual of a conservation work camp within the youth

rehabilitation facility of the department of corrections and community

supervision, or any incarcerated individual of a youth opportunity or

youth rehabilitation center within the Office of Children and Family

Services, any resident of a nursing home or residential health care

facility as defined in subdivisions two and three of section

twenty-eight hundred one of the public health law, or any staff member

or volunteer accompanying or assisting one or more residents of such

nursing home or residential health care facility on an outing authorized

by the administrator of such nursing home or residential health care

facility may take fish as if he or she held a fishing license, except

that he or she may not take bait fish by net or trap, if he or she has

on his or her person an authorization upon a form furnished by the

department containing such identifying information and data as may be

required by it, and signed by the superintendent or other head of such

facility, institution, hospital, sanitarium, nursing home, residential

health care facility or rest camp, as the case may be, or by a staff

physician thereat duly authorized so to do by the superintendent or

other head thereof. Such authorization with respect to incarcerated

individuals of said conservation work camps shall be limited to areas

under the care, custody and control of the department.

4. If persons holding fishing licenses issued under the New York Fish

and Wildlife Law are not required to have licenses issued by a state

named in paragraph a, b, c or d of this subdivision when fishing in that

part of the waters, specified in such paragraph, which lies within that

state, then, in such case, a person holding a fishing license issued by

such state may, without a fishing license issued under the New York

State Fish and Wildlife Law, take fish as provided in title 13, from

that part of such waters specified in paragraph a, b, c or d which lies

within this state:

a. License issued by Vermont: that part of Lake Champlain lying

between New York and Vermont;

b. License issued by Pennsylvania: that part of the Delaware River

lying between New York and Pennsylvania;

c. License issued by Connecticut: those parts of Indian Lake, and of

Samuel Bargh Reservoir (Mianus Reservoir) lying between New York and

Connecticut;

d. License issued by New Jersey: that part of Greenwood Lake lying

between New York and New Jersey.

7. The owner or lessee of a registered muskrat marsh may, without

license, trap muskrat, bobcat, coyote, fox, mink, raccoon, opossum,

weasel, skunk, and unprotected wildlife permitted to be taken by

trapping, on such registered muskrat marsh.

8. The enrolled members of an Indian tribe having a reservation

located wholly or partly within the state and such other Indians as are

permitted by the tribal government having jurisdiction over such

reservation may hunt, fish, trap upon such reservation subject only to

rules, regulations and fish and wildlife laws established by the

governing body of such reservation. Before fish and wildlife taken on

reservations by Indians shall be transported or possessed off the

reservation it shall be tagged for identification purposes in a manner

to be required by the governing body of such reservation. This

subdivision shall in no way limit or otherwise impair the existing

powers of any tribal government to regulate hunting, fishing and

trapping and/or to issue licenses for same.

9. A minor under the age of twelve may accompany and assist a licensed

trapper who is the minor's parent or legal guardian or who is a person

eighteen years of age or older designated in writing by the minor's

parent or legal guardian on a form prescribed by the department and such

parent, legal guardian or designee has had at least three years of

trapping experience. Such minor may assist the licensed adult in all

aspects of trapping without possessing a trapping license.