NY Env Conserv L § 11-0901 (2021)
2021 New York Laws ENV - Environmental Conservation Article 11 - Fish and Wildlife Title 9 - Hunting 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 that in the forest preserve counties it may be taken from highways other than state, county or town highways.   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, that launches a minimum fourteen inch bolt, not including point, 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 limb width of  such  crossbow  shall  be seventeen inches, have a minimum peak draw weight of one hundred pounds and a  maximum  peak  draw  weight  of  two hundred  pounds.  The  minimum  overall  length  of  such  crossbow from buttstock to front of limbs shall be twenty-four inches.   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, that  launches  a  minimum  fourteen inch bolt, not including point, 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 limb width of such crossbow shall be seventeen inches, have  a  minimum  peak  draw weight  of  one  hundred  pounds  and  a maximum peak draw weight of two hundred pounds.  The  minimum  overall  length  of  such  crossbow  from buttstock to front of limbs shall be twenty-four inches.   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. 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.   15. 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.   16. 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.