NY Env Conserv L § 11-0713 (2021)
2021 New York Laws ENV - Environmental Conservation Article 11 - Fish and Wildlife Title 7 - Hunting, Fishing and Trapping Licenses 11-0713 - Procedure in Issuing Licenses.

§ 11-0713. Procedure in issuing licenses.   1.  a. All licenses, bowhunting privileges, muzzle-loading privileges, tags, permits, registrations, and permit applications authorized by this title or section 13-0355 of this chapter, and any additional  privileges authorized by the department shall be issued by:  (1)  clerks  of  a  county,  town  or  city,  except  a  city having a population of one million or more,  although  such  clerks  may  request authorization  from  the  department  to  cease issuing such licenses or registrations,  (2) clerks of a village having  more  than  one  thousand  inhabitants according  to  the  last  preceding federal census, or of a village in a county of less than five hundred thousand inhabitants, adjoining a  city of over one million inhabitants, both according to such census, although such  clerks  may  request  authorization  from  the department to cease issuing such licenses or registrations, and  (3) license issuing officers as may be appointed by the  commissioner. Applicants for designation as license issuing officers shall be over the age  of  eighteen  years  and  shall  meet  such  other  requirements of eligibility, including posting bond, as the department may by regulation specify. Such issuing officers shall be entitled to receive and keep the same fees for issuing licenses and stamps that are specified in  section 11-0715  of  this  title  for issuing clerks, and shall file reports and remit  license  fees   to   the   appropriate   regional   environmental conservation officer or the department as required by regulation.   b.  Special antlerless deer licenses shall be issued by the department as provided in subdivision 6 of section 11-0903 of this article.   c. One-day fishing licenses may be issued by any person who has  never been  convicted of or pleaded guilty to a misdemeanor under this chapter within the past three years, and has not been convicted of a crime under any other law.  Such  licenses  shall  be  issued  to  any  such  person following  payment  of  the  applicable  license  fee  for each license. One-day fishing licenses may be sold by the  initial  purchaser  for  no more  than  the  applicable  license fee, plus one dollar for the person selling such license. In the case of misuse or  fraud  in  handling  the fishing  licenses, the department shall have the authority to revoke the privilege to buy and sell the licenses.   2. The issuing officer shall not issue a hunting license or bowhunting privilege or muzzle-loading privilege to a person between  the  ages  of twelve  and sixteen years unless, at the time of issuance, the applicant is accompanied by his or her parent or legal guardian who shall  consent to  the  issuance  of the license and shall so signify by signing his or her name in ink across the face of it. At no time shall such licenses be issued by mail to persons between the ages of twelve and sixteen years.   3. a. Subject to the provisions of paragraph b  of  this  subdivision, the  issuing  officer shall not issue a license, privilege, tag, permit, or permit application which authorizes the holder to hunt  wildlife,  to any person unless the applicant presents:  (1)  a  license which authorizes the holder to hunt wildlife issued to him previously; or  (2) an affidavit from a license issuing officer stating that applicant previously has been issued a license which authorizes the holder to hunt wildlife; or  (3) a certificate of qualification in responsible hunting, responsible bowhunting and responsible trapping practices, including safety,  ethics and  landowner-hunter  relations,  issued  or honored by the department, pursuant to this subdivision.   b. (1) The issuing officer shall not issue a bow hunting privilege  to any  person  unless  the  applicant presents a hunting license issued to  that person for the corresponding license year  and  a  New  York  state license which authorizes the holder to exercise the privilege of hunting with  a  longbow  issued  in  1980 or later, an affidavit as provided in subparagraph  2  of  paragraph a of this subdivision or a certificate of qualification in responsible bowhunting practices issued or  honored  by the department.  (2)  The  issuing  officer  shall  not issue a trapping license to any person unless the applicant presents a trapping license issued to him or her previously, an affidavit as provided in subparagraph 2 of  paragraph a  of  this subdivision or a certificate of qualification in responsible trapping practices.  (3) The issuing officer shall not issue a muzzle-loading privilege  to any  person  unless  the  applicant presents a hunting license issued to that person for the corresponding license year and  such  person  is  at least fourteen years old.   c. Certifications of qualification in responsible hunting, responsible bowhunting  and  responsible  trapping  practices  may  be  made by duly qualified and designated persons, whose fitness to give instructions  in said  practices  has  been determined by an agent of the department. The department may designate any person it deems qualified  to  act  as  its agent  in  the giving of instruction and the making of certification. No charge shall be made for any  certificate  or  instruction  given  to  a person to qualify him or her to obtain a license or privilege other than for  certain  instruction  and materials accredited by the department to provide preparation for final instruction and testing by agents  of  the department or for replacement education certificates for a commission of one  dollar to the issuing agent. The department shall make available to the public courses  without  charge  which  do  not  require  additional preparation  at  the  expense  of  students, and may also offer optional courses which require  preparatory  instruction  which  may  be  at  the expense  of  the  student. The department may make rules and regulations which in its opinion effectuate better the purpose of this subdivision.   4. a. A person who has lost or accidentally  destroyed  a  license  or privilege authorizing the holder to hunt, fish, or trap may apply to the officer  who  issued  it for a certificate in lieu thereof. Such officer shall issue a certificate stating the name and address of the applicant, the  type  of  license  issued  and  the  fee,  if  any,  paid  for  it. Applications  and certificates furnished by the department shall be used for this purpose.   b. A person who has lost or accidentally destroyed a tag  issued  with such a license or privilege may apply to any license issuing officer for a  duplicate  and  the  department  shall  issue  a  duplicate  tag when satisfied that the application is made in good faith.   c. A person who has lost or accidentally destroyed a  deer  management permit  may  apply  to any license issuing officer for a duplicate. Such officer shall issue a duplicate tag when satisfied that the  application is  made  in  good  faith.  The  officer  shall also issue a certificate stating the name and address of the applicant, the identifying number of the tag that is  being  issued  and  the  fee,  if  any,  paid  for  it. Applications and tags furnished by the department shall be used for this purpose.   5.  The commissioner shall establish a toll-free telephone number or a dedicated number for use to purchase sporting licenses  by  credit  card purchasers.  Notwithstanding any inconsistent provision of this chapter, the commissioner may authorize the sale of licenses  via  the  internet, telephone  or  mail  and establish procedures therefor, and may, through bulk sales or otherwise, furnish licenses for retail sale to outdoor and recreational  outlets  and   not-for-profit   organizations,   and   the  department  may  sell  licenses  at  department  facilities.  Except  as provided in subdivision 1 of this section,  a  license  sold  at  retail shall  not  be  sold  for a price which exceeds the fee for such license established in the fish and wildlife law.   6.  The  department  shall require training in the safe use of hunting with a crossbow and safe hunting practices in the basic hunter education course required for all new hunters.  All  persons  who  have  completed hunter education and who have not certified their completion of a safety course  which  includes  crossbow hunting training prior to April first, two thousand fourteen shall complete an online or other training program approved by the department prior to using a crossbow to hunt.   7. The commissioner shall ensure that space is provided  on  any  form for application or renewal of a license issued pursuant to this title so that  the applicant shall register or decline registration in the donate life registry for organ, eye and tissue donations  pursuant  to  section forty-three  hundred ten of the public health law and that the following is stated on the form in clear and conspicuous type:   "You must fill out the following section: Would you like to  be  added to  the  Donate  Life  Registry?  Check  box  for  'yes'  or  'skip this question'."   The commissioner of health shall not maintain records  of  any  person who checks "skip this question". Except where the application is made in person  or  electronically,  failure to check a box shall not impair the validity of an application, and failure to check "yes" or checking "skip this question" shall not be construed to imply a wish not to donate.  In the  case  of  an  applicant under eighteen years of age, checking "yes" shall not constitute consent to make an anatomical gift or  registration in  the  donate  life registry, except as otherwise provided pursuant to the  provisions  of  paragraph  (b)  of  subdivision  one   of   section forty-three hundred one of the public health law. Where an applicant has previously  consented  to  make  an anatomical gift or registered in the donate life registry, checking "skip this question" or failing to  check a box shall not impair that consent or registration.