N.Y. Environmental Conservation Law § 11-1209: Penalties

§ 11-1209. Penalties.

1. Whoever shall hunt while his ability is impaired by the consumption

of alcohol shall be guilty of a violation of law.

2. Whoever shall hunt while in an intoxicated condition or while his

ability to hunt is impaired by the use of a drug shall be guilty of a

misdemeanor, punishable by imprisonment in a penitentiary or county jail

for not more than one year, or by a fine of not more than five hundred

dollars, or by both such fine and imprisonment.

3. Notwithstanding any provision in section 11-1205 of this title, the

department may revoke, for a period not exceeding two years, any or all

licenses, bowhunting privileges, muzzle-loading privileges, or permits

to hunt of any person who violates any subdivision of section 11-1203 of

this title. Action by the department resulting in such revocation shall

become effective only after a hearing held by the department upon notice

to such person, at which proof of facts indicating the violation is

established to the satisfaction of the commissioner, or of the hearing

officer and concurred in by the commissioner. A person whose license to

hunt has been revoked as provided in this subdivision is ineligible for

such license during the period determined by the department as provided

in this section. No such person shall, during such period, procure any

license for which he is ineligible. No person shall without license hunt

or trap during any period in which the privilege to do so has been

denied him by the department as provided in this section. When the

department has revoked a license, or has denied to any person the

ability to obtain a license, it shall cause the fact of such revocation

or denial, or both, as the case may be, and the terms and extent

thereof, to be entered in the minutes of the department, and shall

forthwith send a written notice of its action as so entered in the

minutes to the person affected, at his last known address, either by

registered or certified mail or by delivery personally by a

representative of the department. Within five days after service of such

notice, such person shall deliver to the department the license or

licenses revoked, together with any bowhunting privileges,

muzzle-loading privileges or tags issued in connection with them. If the

license was one entitling the holder to the privilege of several

licenses, and the revocation concerned some but not all of such

privileges, any license, bowhunting privilege, muzzle-loading privilege

or tag so delivered shall be returned by the department to the person to

whom it was issued, appropriately marked or stamped to show the extent

to which it is revoked.

4. Violation of any subdivision of section 11-1203 of this title shall

constitute grounds for forfeiture pursuant to the provisions of and

under the procedures prescribed in subdivisions one, two, five, six and

seven of section 71-0909 of this chapter.