NY Env Conserv L § 11-1903 (2021)
2021 New York Laws ENV - Environmental Conservation Article 11 - Fish and Wildlife Title 19 - Propagation; Shooting Preserves; Farm Fish Ponds; Fishing Preserves 11-1903 - Shooting Preserves.

§ 11-1903. Shooting preserves.1.  The department may, in its discretion, issue to an owner or lessee   of wholly enclosed lands or an entire island a shooting preserve license   permitting him or her to purchase, possess, rear and transport,  and  to   release  and  take  by  shooting  therein,  domestic  game birds legally   possessed or acquired. No birds may be held for propagation after  April   15  unless  the  owner or lessee also has a domestic game bird breeder's   license as provided for in section 11-1901 of this title. In the case of   leased lands, the applicant shall furnish with his  or  her  application   evidence  of  a  written  lease  executed  by  each  lessor covering the   premises to be licensed. The license shall  expire  on  April  15  every   fifth  year.  The  department  shall  prescribe  and  furnish  forms for   application for such license. Applicants shall pay, and  the  department   shall  be  entitled  to  receive,  fees according to the type of license   issued as follows:a. Class A license, two hundred dollars. This license shall allow  the   holder  thereof  to  operate  a  commercial  club or membership shooting   preserve with a minimum of one hundred acres and charge a daily fee  for   hunting  or  charge a fee for each bird killed or a combination thereof.   Birds may be killed by the licensee for his or her own use  and  may  be   sold dead or alive.b. Class B license, sixty dollars. This license shall allow the holder   thereof  to  operate  a  shooting  preserve  with  use restricted to the   licensee, his or her family and invitees, provided no fees  are  charged   for  the  privilege of hunting or for birds shot. Birds may be killed by   the licensee for his or her own use but no live birds, or their eggs, or   carcasses may be sold unless the licensee holds  a  Class  A  game  bird   breeder's license.3.  The department may revoke the license of any licensee convicted of   a violation of this section, and no license shall be issued  to  him  or   her  for  the  ensuing  two  years. The licensee, unless he or she shall   waive such right, shall have an  opportunity  to  be  heard.  Notice  of   hearing shall be given by mailing the same in writing to the licensee at   the address contained in his or her license. Attendance of witnesses may   be  compelled  by subpoena. Revocation shall be deemed an administrative   act reviewable by the supreme court as such.5. The  boundaries  of  a  shooting  preserve  shall  be  posted  with   appropriate signs in accordance with section 11-2111.7. Domestic game birds may not be killed, by shooting, on the premises   specified in the application for the license, except under the following   conditions:a.  Birds  shall  be  marked  as  provided in subdivision 5 of section   11-1901 of this title. Birds so  marked,  which  have  escaped,  may  be   recaptured  by the licensee. Escaped birds may be recaptured only on the   premises of the licensee.b. Ducks, geese, brant and swans liberated under this section  may  be   taken only under rules and regulations made by the department or adopted   by  the  federal department of the interior; provided, however, that any   federal regulations shall be provided by department  press  release  and   any  other  means  that  the department determines to be appropriate and   effective, including posting on the department's public website.c. On the premises described in the application for the  license,  the   licensee  may  kill  domestic  game  birds  by shooting from September 1   through April 15 and in any manner, other than by shooting, at any time,   or any person may take domestic game birds by shooting from September  1   through April 15 with the consent of the licensee.8.  The  holder  of a shooting preserve license shall keep records and   make reports as required by and upon forms furnished by the  department.    The  reports  shall  be subscribed by the licensee, and shall contain an   affirmation  that  the  statements  therein  are  made  subject  to  the   penalties  of  perjury.  The records shall be continuous and current and   shall be kept on the licensed premises, and the licensee shall allow any   representative  of  the department to enter upon the premises to inspect   his operations and records. Records must be retained  for  a  period  of   three years.9.  On  the premises described in the application for the license, the   licensee may take any unprotected wild birds, or any predatory  wildlife   except protected birds, disturbing domestic game. Such birds or wildlife   may  be  taken at any time and in any manner, except that no trap of the   leg-gripping type, having teeth in the jaws or having a  greater  spread   of  jaws  than  six  inches, shall be used for such purpose, nor shall a   trap be set so  that  any  wildlife  when  caught  shall  be  suspended.   Carcasses  of  such  birds  or  wildlife  shall be immediately buried or   cremated,  except  that  carcasses  of  unprotected  wildlife,  and   of   protected  wildlife  other  than  birds if taken during their respective   open seasons, may be possessed, transported,  bought  and  sold  to  the   extent permitted by section 11-0917.10. a. Carcasses and parts of domestic game birds shall be accompanied   by a form provided by the department pursuant to section 11-1721 of this   article.  No  domestic  game  birds  so  killed  shall  be  possessed or   transported without such form. Only an authorized person as provided  in   the  rules  and  regulations  of the department shall have in his or her   possession such form.b. Domestic game bird carcasses  and  parts  shall  be  identified  as   required by section 11-1721 of this article.11. Notwithstanding any provision in this section to the contrary, any   person  may  conduct a field trial on the grounds of a shooting preserve   at any time under the provisions of section 11-0927.