2023 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:
a. that in the forest preserve counties it may be taken from  highways
other than state, county or town highways; and
b.  by a nuisance wildlife specialist with a permit issued pursuant to
section 11-0522 of this article provided that  such  activities  are  in
furtherance of the site-specific deer management plan.
c.  by a nuisance wildlife specialist with a permit issued pursuant to
section 11-0522-a of this article provided that such activities  are  in
furtherance of the site-specific deer management plan.
* NB Effective until January 1, 2027
* 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.
* NB Effective January 1, 2027
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.
* NB Effective until November 1, 2024
* 14.  It  shall  be  unlawful  for  any  person to organize, sponsor,
conduct,  promote,  or  participate   in   any   contest,   competition,
tournament,  or  derby  with the objective of taking or hunting wildlife
for prizes or other inducement, or for entertainment. The remains of any
wildlife killed during the course of a contest, competition, tournament,
or derby conducted in violation of this subdivision shall  be  forfeited
by every organizer, promoter, participant or any other person conducting
or  involved  in such contest, competition, tournament, or derby and the
remains of such wildlife shall become the property  of  the  department.
The  provisions of this subdivision shall not apply to: (a) any contest,
competition, tournament, or derby with the object of taking  or  hunting
white-tailed deer, turkey, or bear; or (b) special dog training areas or
field  trials pursuant to sections 11-0925 and 11-0927 of this title, or
any similar canine performance events.
* NB Effective November 1, 2024
* 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.
* NB Effective until November 1, 2024
* 15. 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.
* NB Effective November 1, 2024
* 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.
* NB Effective until November 1, 2024
* 16.  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.
* NB Effective November 1, 2024
* 17.  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.
* NB Effective November 1, 2024