N.Y. Environmental Conservation Law § 11-0901: Prohibitions

§ 11-0901. Prohibitions.

1. No person while in or on a motor vehicle, as defined in section

11-0931 of this chapter, shall take wildlife other than migratory game

birds, or use any lights on any such vehicle for such purpose.

* 2. Wildlife shall not be taken on or from any public highway,

except:

a. that in the forest preserve counties it may be taken from highways

other than state, county or town highways; and

b. by a nuisance wildlife specialist with a permit issued pursuant to

section 11-0522 of this article provided that such activities are in

furtherance of the site-specific deer management plan.

c. by a nuisance wildlife specialist with a permit issued pursuant to

section 11-0522-a of this article provided that such activities are in

furtherance of the site-specific deer management plan.

* NB Effective until January 1, 2027

* 2. Wildlife shall not be taken on or from any public highway, except

that in the forest preserve counties it may be taken from highways other

than state, county or town highways.

* NB Effective January 1, 2027

3. a. Migratory game birds shall be taken only as permitted by

regulations of the department adopted pursuant to section 11-0307.

b. Wild deer and bear shall not be taken except by gun, crossbow or by

long bow. Where an open season, set forth in the table of open seasons

in section 11-0907 of this title or otherwise established by law or

fixed by regulation, is specified as an open season for taking such game

by shotgun or long bow only, or is specified as an open season for

taking such game by long bow only, they shall not be taken except as so

specified.

c. Wild small game and wild upland game birds shall be taken only by

longbow or gun, or by the use of raptors as provided in title 10 of this

article, except that:

(1) skunk, raccoon, bobcat, coyote, fox, mink and muskrat may be taken

in any manner not prohibited in this section or in title 11 of the Fish

and Wildlife Law;

(2) frogs may also be taken by spearing, catching with the hands, or

by the use of a club or hook; and

(3) crossbows may be used but only by licensees who are fourteen years

of age or older.

d. Muskrat shall not be taken by the use of a spear and shall not be

taken by shooting except that until the state of Vermont shall prohibit

taking of muskrats on Lake Champlain by shooting, muskrats may be taken,

by shooting with a firearm not larger than twenty-two caliber, on Lake

Champlain, exclusive of the tributary streams flowing into such lake.

Possession of pierced or stabbed muskrats shall be presumptive evidence

that they were unlawfully taken. Wild mink shall not be taken by the use

of firearms in the Northern Zone nor elsewhere within the state with a

firearm larger than twenty-two caliber. Skunk, raccoon, bobcat, mink and

muskrat shall not be taken by the use of smoke, chemicals, gas or

poison. Beaver, fisher and otter shall not be hunted.

e. Wild pheasant shall be taken only by shotgun or long bow, or by the

use of raptors as provided in title 10 of this article. Except as

specifically authorized by regulation of the department adopted pursuant

to section 11-1007 or whenever the department determines that the taking

of hen pheasants will result in better pheasant management and not be

detrimental to the natural propagation of such pheasants, only male wild

pheasants shall be taken.

f. No wildlife shall be taken with an arrow with an explosive head or

shaft, or with an arrow, dart or any device, propelled by any means,

that is used for the purpose of injecting or delivering any type of drug

into the blood system of such wildlife. Nothing in this paragraph shall

be construed as prohibiting a wildlife biologist or employee of the

department or anyone acting under a license from the department from

using any method to take wildlife if he is doing so within the scope of

his employment for the department, or pursuant to the license issued by

the department.

g. Wildlife shall not be taken by the use of a device commonly called

a spear gun.

4. a. Wild deer and bear shall not be taken in water.

b. No person shall hunt deer:

(1) with the aid of a dog, or aircraft of any kind; or

(2) with the aid of a jacklight, spotlight, headlight or other type of

artificial light; or

(3) with a pistol, revolver or rifle using rim-fire ammunition; or

(4) with a shotgun of less than twenty gauge or loaded with shells

other than shells each carrying a single round ball or a single slug,

provided however, the use of a shotgun of twenty gauge or larger having

a rifled barrel or a smooth bore barrel fitted with a rifled choke,

loaded with shells each carrying a single round ball or a single slug,

shall not be prohibited so long as only shells having a non-metallic

case, except for the base, are used; or

(5) with a long bow with a draw weight of less than thirty-five

pounds; or

(6) with an arrow or bolt with an arrowhead that measures less than

seven-eighths of an inch at its widest point or that has fewer than two

sharp cutting edges; or

(7) with the aid of a pre-established bait pile other than those areas

established by standard agricultural production practices; or

(8) with an arrow with a barbed broadhead arrowhead; or

(9) with a crossbow unless such crossbow shall consist of a bow and

string, either compound or recurve, mounted upon a stock with a trigger

that holds the string and limbs under tension until released. The

trigger unit of such crossbow must have a working safety. The minimum

peak draw weight of such crossbow shall be one hundred pounds.

c. No person shall hunt bear:

(1) with the aid of a dog, or aircraft of any kind; or

(2) with the aid of a jacklight, spotlight, headlight or other type of

artificial light; or

(3) with a pistol, revolver or rifle using rim-fire ammunition; or

(4) with a shotgun of less than twenty gauge or loaded with shells

other than shells each carrying a single round ball or a single slug,

provided however, the use of a shotgun of twenty gauge or larger having

a rifled barrel or a smooth bore barrel fitted with a rifled choke,

loaded with shells each carrying a single round ball or a single slug,

shall not be prohibited so long as only shells having a non-metallic

case, except for the base, are used; or

(5) with a long bow with a draw weight of less than thirty-five

pounds; or

(6) with an arrow or bolt with an arrowhead that measures less than

seven-eighths of an inch at its widest point or that has fewer than two

sharp cutting edges; or

(7) with the aid of a pre-established bait pile other than those areas

established by standard agricultural production practices; or

(8) with an arrow with a barbed broadhead arrowhead; or

(9) with a crossbow unless such crossbow shall consist of a bow and

string, either compound or recurve, mounted upon a stock with a trigger

that holds the string and limbs under tension until released. The

trigger unit of such crossbow must have a working safety. The minimum

peak draw weight of such crossbow shall be one hundred pounds.

d. The use upon land inhabited by deer or bear of a jacklight,

spotlight or other type of artificial light by any person who is or is

accompanied by a person who is in possession, at the time of such use,

of a long bow, a crossbow or firearm of any kind, shall be presumptive

evidence that such person is hunting deer or bear with the aid of such

light, in violation of this subdivision, unless:

(1) such long bow or crossbow is unstrung, or such a firearm is taken

down, or securely fastened in a case, or locked in the trunk of a

vehicle, or

(2) the firearm is a pistol or revolver, or

(3) the firearm is not in or on a motor vehicle and is a rifle

designed or adapted for use of rim-fire ammunition and neither the

person in possession of the gun, nor any member of his party, has in his

possession any twenty-two caliber ammunition other than twenty-two

caliber rim-fire ammunition, or

(4) the firearm is not in or on a motor vehicle and is a shotgun and

neither the person in possession of the gun, nor any member of his

party, has in his possession ammunition other than shells loaded with

scatter shot of size number four or smaller.

e. (1) No person shall use a jacklight, spotlight or other type of

artificial light upon lands inhabited by deer or bear within five

hundred feet from a dwelling house, farm building or farm structure

actually occupied or used, for the purpose of locating, spotting,

harrying, worrying or otherwise disturbing deer or bear.

(2) The prohibition contained in subparagraph one of this paragraph

shall not apply to (i) the owner or lessee of the dwelling house, or

members of his immediate family residing therein, or a person in his

employ, or the guest of the owner or lessee of the dwelling house acting

with the consent of said owner or lessee; provided however, that nothing

herein shall be deemed to authorize such persons to use a jacklight,

spotlight or other type of artificial light within five hundred feet

from any other dwelling house, farm building or farm structure actually

occupied or used, for the purpose of locating, spotting, harrying,

worrying or otherwise disturbing deer or bear or (ii) the authorized use

of a spotlight or other artificial light regularly operated and

maintained by a police department or other law enforcement agency or by

any local or state department or agency duly authorized to render

services for the protection of life and property.

5. a. Varying hares shall not be taken by the use of ferrets,

fitch-ferrets or fitch.

b. Cottontail rabbits shall not be taken by the use of ferrets,

fitch-ferrets or fitch unless permitted by regulation of the department

or unless a permit for such taking has first been obtained from the

department.

c. The possession afield of ferrets, fitch-ferrets or fitch shall be

presumptive evidence of their illegal use.

d. The department may adopt regulations specifying towns or counties

in which ferrets, fitch-ferrets or fitch may be used to take cottontail

rabbits. Whenever cottontail rabbits are injuring property on occupied

lands, the department, on request of the owner or occupant of such

lands, may issue a permit to use ferrets, fitch-ferrets or fitch to take

them if it is satisfied there exists sufficient damage to warrant its

issuance.

6. Skunks shall not be taken from holes or dens by digging or by the

aid of dogs.

7. Raccoons shall not be taken from dens or houses or by cutting den

trees.

8. Traps shall not be used except as permitted in title 5 or title 11

of the Fish and Wildlife Law.

9. No protected wild bird for which no open season is established by

law or fixed by regulation shall be taken.

10. No wild game shall be taken except in an open season established

by law as provided in section 11-0905, 11-0907 or 11-1103 or fixed by

regulation as provided in section 11-0903, or in section 11-0307 in the

case of migratory game birds, or in section 11-1103, in the areas for

which such open seasons are established or fixed, and during the hours

permitted for such taking; nor shall any wild game be taken in excess of

bag limits specified in section 11-0905 or section 11-0907, or fixed by

regulation as provided in section 11-0903 or section 11-0307.

11. No long bow equipped with a mechanical device which is used to

draw, hold or release the bow string or arrow and which is attached to a

portion of the bow other than the bow string may be used or carried

afield. The shooting of a long bow shall only be accomplished by holding

the bow at arm's length, with arrow on the string, and may only be

drawn, pulled or released by hand.

12. Upland game birds shall not be taken with the aid of baiting or on

or over any baited area.

13. Persons engaged in hunting deer and/or bear with a longbow must

possess a current bowhunting privilege or a valid certificate of

qualification in responsible bowhunting practices issued or honored by

the department.

14. It shall be unlawful for any person to organize, sponsor, conduct,

promote, or participate in any contest, competition, tournament, or

derby with the objective of taking or hunting wildlife for prizes or

other inducement, or for entertainment. The remains of any wildlife

killed during the course of a contest, competition, tournament, or derby

conducted in violation of this subdivision shall be forfeited by every

organizer, promoter, participant or any other person conducting or

involved in such contest, competition, tournament, or derby and the

remains of such wildlife shall become the property of the department.

The provisions of this subdivision shall not apply to: (a) any contest,

competition, tournament, or derby with the object of taking or hunting

white-tailed deer, turkey, or bear; or (b) special dog training areas or

field trials pursuant to sections 11-0925 and 11-0927 of this title, or

any similar canine performance events.

15. This section does not:

a. restrict the authority of any special permit or license issued by

the department;

b. limit title 11 or provisions of title 3, title 5, or title 19

authorizing taking of wildlife;

c. limit prohibitions set forth in any other section of the Fish and

Wildlife Law.

16. Notwithstanding any inconsistent provision of this section, the

department may adopt regulations to allow the taking of big game or

small game by the use of a long bow equipped with a mechanical device

for holding and releasing the bowstring, attached to the handle section

of an otherwise legal long bow, to any person with a physical disability

who is physically incapable of drawing and holding a long bow because of

a physical disability, subject to such restrictions as the department

may adopt by regulation. For the purpose of this subdivision, a person

with a physical disability shall mean any person who submits to the

department a statement of a physician duly licensed to practice medicine

that such person is physically incapable of arm movement sufficient to

draw, hold and release a long bow as defined in subdivision four of this

section or as otherwise defined in department regulation. The department

is authorized to adopt regulations requiring documentation to establish

that an applicant is eligible to use a mechanical device pursuant to

this subdivision.

17. Notwithstanding any inconsistent provision of this section, the

department may issue to a physically disabled person a permit to take

big game or small game by the use of a cross-bow equipped with an

apparatus permitting release of the bowstring by means of such person's

discharge of breath. For the purposes of this subdivision, "physically

disabled person" shall mean any person who submits to the department a

statement of a physician duly licensed to practice medicine in this

state that such person is permanently physically incapable of arm

movement sufficient to release a pre-drawn bow authorized under

subdivision fifteen of this section.