N.Y. Environmental Conservation Law § 11-0713: Procedure in issuing licenses

§ 11-0713. Procedure in issuing licenses.

1. a. All licenses, bowhunting privileges, muzzle-loading privileges,

tags, permits, registrations, 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 or

registrations,

(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 or registrations, 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 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 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 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 hunting license or bowhunting

privilege or muzzle-loading privilege to a person between the ages of

twelve and sixteen years unless, at the time of issuance, the 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 or

her 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 paragraph b of this subdivision,

the issuing officer shall not issue a license, privilege, tag, 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 bow hunting privilege to

any person unless the applicant presents a hunting license issued to

that person for the corresponding license year and a New York state

license which authorizes the holder to exercise the privilege of hunting

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 or

her previously, an affidavit as provided in subparagraph 2 of paragraph

a of this subdivision or a certificate of qualification in responsible

trapping practices.

(3) The issuing officer shall not issue a muzzle-loading privilege to

any person unless the applicant presents a hunting license issued to

that person for the corresponding license year and such person is at

least fourteen years old.

c. 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 privilege 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

privilege 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 tag issued with

such a license or privilege may apply to any license issuing officer for

a duplicate and the department shall issue a duplicate tag when

satisfied that the application is made in good faith.

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 card

purchasers. 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 require training in the safe use of hunting

with a crossbow and safe hunting practices in the basic hunter education

course required for all new hunters. All persons who have completed

hunter education and who have not certified their completion of a safety

course which includes crossbow hunting training prior to April first,

two thousand fourteen shall complete an online or other training program

approved by the department prior to using a crossbow to hunt.

7. The commissioner shall ensure that space is provided on any form

for application or renewal of a license issued pursuant to this title so

that the applicant shall register or decline registration in the donate

life registry for organ, eye and tissue donations pursuant to section

forty-three hundred ten of the public health law and that the following

is stated on the form in clear and conspicuous type:

"You must fill out the following section: Would you like to be added

to the Donate Life Registry? Check box for 'yes' or 'skip this

question'."

The commissioner of health shall not maintain records of any person

who checks "skip this question". Except where the application is made in

person or electronically, failure to check a box shall not impair the

validity of an application, and failure to check "yes" or checking "skip

this question" shall not be construed to imply a wish not to donate. In

the case of an applicant under eighteen years of age, checking "yes"

shall not constitute consent to make an anatomical gift or registration

in the donate life registry, except as otherwise provided pursuant to

the provisions of paragraph (b) of subdivision one of section

forty-three hundred one of the public health law. Where an applicant has

previously consented to make an anatomical gift or registered in the

donate life registry, checking "skip this question" or failing to check

a box shall not impair that consent or registration.