NY Env Conserv L § 11-0719 (2021)
2021 New York Laws ENV - Environmental Conservation Article 11 - Fish and Wildlife Title 7 - Hunting, Fishing and Trapping Licenses 11-0719 - Revocation and Suspension of Licenses and of Right to Hunt, Fish or Trap Without License.

§ 11-0719. Revocation  and  suspension of licenses and of right to hunt,              fish or trap without license.   1.  a.  In  the  circumstances  described  in  paragraph  b  of   this subdivision the department may revoke any license, bowhunting privilege, or  muzzle-loading  privilege,  of  any  person,  to hunt, fish or trap, defined in section 11-0701 of this  title  or  issued  pursuant  to  any provision  of  the  Fish  and Wildlife Law, or it may revoke all of such licenses, bowhunting privileges, or muzzle-loading  privileges.  It  may also  deny  such  person,  for  a  period  not exceeding five years, the privilege of obtaining such license or licenses,  bowhunting  privilege, or  muzzle-loading  privilege,  or  of  hunting,  trapping  or  fishing, anywhere in the state with or without license, bowhunting privilege,  or muzzle-loading privilege, except as provided in subdivision 1 of section 11-0707 of this title or in section 11-0523 of this article. It may also require  that  such  person successfully complete a department-sponsored course and obtain a certificate of qualification in responsible  hunting including   responsible  crossbow  hunting,  responsible  bowhunting  or responsible trapping practices before being issued another license.   b. This subdivision applies to any person who:  (1) is convicted of a violation of the Fish and Wildlife Law involving the taking of deer or bear with the aid of an artificial light or  signs an  acknowledgment  of  such  violation  of  that law for the purpose of effecting a settlement by civil compromise or by stipulation; or  (2) is convicted of a violation of the Fish and Wildlife Law involving the illegal taking of a deer, moose or bear, or signs an  acknowledgment of  any  such  violation  of  that  law  for  the purpose of effecting a settlement by civil compromise or by stipulation; or  (3) is convicted of any violation of the  Fish  and  Wildlife  Law  or signs  an acknowledgment of any violation of that law for the purpose of effecting a settlement  by  civil  compromise  or  by  stipulation,  and previously  during  the five years immediately preceding such conviction or the signing of such acknowledgment  has  been  so  convicted  or  has signed such an acknowledgment; or  (4)  is  convicted of an offense involving a violation of subdivisions one and two of section 11-0901 of this article  relating  to  taking  of wildlife  when  the person taking is in or on a motor vehicle while such motor vehicle is on a public highway or an offense involving a violation of subdivision one of section 11-0901 of this article  and  subparagraph one  of  paragraph  a  of  subdivision  four  of section 11-0931 of this article relating to taking wildlife when the person taking is in or on a motor vehicle and discharging a firearm, crossbow or longbow in  such  a way  that the load, bolt or arrow passes over a public highway or a part thereof or signs an acknowledgment of any such violation for the purpose of affecting a settlement by civil compromise or by stipulation.   c. Upon receipt of a court notification of the failure of a person  to appear  within  three  months  of  the  return  date  or  new subsequent adjourned date pursuant to  an  appearance  ticket,  uniform  appearance ticket  or uniform appearance ticket and simplified information charging such person with a violation of the Fish and Wildlife Law, or  any  rule or  regulation  adopted pursuant thereto, the department may suspend any license of such person to hunt, fish or trap pending receipt  of  notice from  the  court  that  such  person  has  appeared  in response to such appearance ticket. Such suspension shall take effect no less than thirty days from the day upon which notice thereof is sent by the department to the person whose license is to be suspended.   2. a.  The  department  may  revoke  the  licenses,  tags,  bowhunting privileges,  or muzzle-loading privileges, which authorize the holder to hunt and/or trap wildlife, and may deny the privilege of obtaining  such  licenses, tags, bowhunting privileges, or muzzle-loading privileges, and may  deny  the  privileges  of hunting and/or trapping with or without a license.  (1) of any person who, while engaged in hunting or trapping,  (i)  causes  death  or  injury to any person by discharging a firearm, crossbow or longbow, or  (ii) so negligently discharges a firearm, crossbow or  longbow  as  to endanger the life or safety of another, or  (iii)  so  negligently  and wantonly discharges a firearm, crossbow or longbow as to destroy or damage public or private property; or  (2) of any agent of the department authorized to issue certificates of qualification in  responsible  hunting  including  responsible  crossbow hunting,  bowhunting,  or  trapping  practices who improperly issues any such certification to a person whom he or she has not trained,  or  whom he or she knows has not satisfactorily completed all of the requirements necessary for such certification.   b.  Action  by  the  department  resulting  in  the revocation of such license or denial of the privilege to hunt and trap as provided in  this subdivision  shall  be  only after a hearing held by the department upon notice to the offender, at which proof of facts indicating the violation is established to the satisfaction of the commissioner or of the hearing officer designated by him or her and concurred in by  the  commissioner. Provided  that  where a person, while hunting, causes death or injury to any  person  by  discharge  of  a  firearm,  crossbow  or  longbow,  the commissioner  may,  in  his  or  her  discretion,  suspend such person's license or licenses to hunt and suspend  such  person's  right  to  hunt without  a license for a period of up to sixty days pending a hearing as provided for in this subdivision.   c. In case such discharge of a firearm,  crossbow  or  longbow  causes death  or  injury  to  any  person,  the license or licenses, bowhunting privilege, and muzzle-loading privilege shall be revoked and the ability to obtain any such license and of hunting or of trapping anywhere in the state with or without a license denied, for a period not  exceeding  ten years,  except  that no revocation shall be made in cases in which facts established  at  the  hearing  indicate  to  the  satisfaction  of   the commissioner  that there was no negligence on the part of the shooter or bowhunter. In all  other  cases  the  license  or  licenses,  bowhunting privilege,  or  muzzle-loading  privilege,  shall  be  revoked  and  the privilege  of  obtaining  such   license,   bowhunting   privilege,   or muzzle-loading  privilege, and of hunting or of trapping anywhere in the state with or without a license denied for a period not  exceeding  five years.  The  department  may  also  require that the person causing such death or injury successfully complete a department-sponsored course  and obtain  a  certificate of qualification in responsible hunting including responsible crossbow hunting or bowhunting practices before being issued another hunting license.   d. Every person injuring himself,  herself  or  another  person  in  a hunting  related incident, and the investigating law enforcement officer summoned to or arriving at the scene of such incident shall  within  ten days  from the occurrence of such incident file a report of the incident in writing with the department. Every such  person  or  law  enforcement officer  shall  make such other and additional reports as the department shall require.  Failure to report such incident as  herein  provided  by the person causing injury or to furnish relevant information required by the  department  shall  be  a violation and shall constitute grounds for suspension  or  revocation  of  such  person's  hunting   licenses   and bowhunting  and  muzzle-loading  privileges and denial of the ability to obtain any such license  and  of  hunting  with  or  without  a  license  following  a  hearing  or  opportunity  to  be  heard.  In addition, the department may temporarily suspend the license of the person failing  to report  a  hunting  related incident within the period prescribed herein until  such  report  has  been filed. In the case of a non-resident, the failure to report  an  incident  as  herein  provided  shall  constitute grounds for suspension or revocation of his or her privileges of hunting within  this state. The report required by this section shall be made in such form and number as the department may prescribe.   3. A hunting license issued to a person who is  at  least  twelve  and less  than  sixteen  years  of  age or a hunting license with bowhunting privilege issued to a person who is  between  the  ages  of  twelve  and sixteen  years  may be revoked by the department upon proof satisfactory to the department that such person, while under the age of sixteen,  has engaged  in hunting with a gun, crossbow or longbow, in circumstances in which  a  license  and/or  bowhunting  or  muzzle-loading  privilege  is required,  while not accompanied by his or her parent, guardian or other adult as provided in section 11-0929 of this article. Additionally,  the department  may  revoke  the hunting and/or bowhunting or muzzle-loading privilege of any parent, guardian, youth  mentor  or  other  adult  upon proof satisfactory to the department that such person allowed the holder of  a  hunting license, bowhunting privilege or muzzle-loading privilege to hunt with a gun, crossbow or longbow in violation of section  11-0929 of  this article. If such license or privilege is revoked the department shall fix the period of such revocation, which  is  not  to  exceed  six years. The department may require that such person successfully complete a  department sponsored course and obtain a certificate of qualification in  responsible  hunting  including  responsible  crossbow  hunting,  or responsible  bowhunting practices before being issued another hunting or bowhunting license.   4. A person whose license to hunt, trap, or fish has been suspended or revoked as provided in this  section  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 or she is ineligible. No person shall without license hunt, trap, or fish during any period in which the privilege to do so has been denied by the department as provided in this section.   5.  When  the  department  has revoked a license, or has denied to any person the ability to obtain a  license,  or  of  hunting,  trapping  or fishing without 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  tags issued in connection with them. If the license was one entitling the holder to a bowhunting or muzzle-loading privilege and the revocation concerned some but not all of  such  privileges,  any license,  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.