§ 11-0703. General provisions.

Terms Used In N.Y. Environmental Conservation Law 11-0703

  • Fraud: Intentional deception resulting in injury to another.

1. a. The privileges of the licenses and stamps defined in section 11-0701 may be exercised only at the times and places, and in the manner and to the extent, permitted by provisions of the Fish and Wildlife Law and applicable regulations of the department, including provisions contained and regulations authorized in sections of the Fish and Wildlife Law other than those specifically referred to in section 11-0701.

b. No license or stamp authorizes the holder (a) to trespass upon private lands or waters or to interfere with property belonging to another person; (b) to take fish or wildlife on an Indian reservation; (c) to enter upon, or to take or disturb fish or wildlife upon, state lands or waters posted by the department except in accordance with a written permit from the department or an order adopted by the department; (d) to take any fish or wildlife in any area closed to the taking of fish or wildlife, or to take any species of fish, wildlife or protected insect in an area closed to the taking of such species.

2. Except as provided in section 11-0704 of this title, no license, permit, tag or privilege is transferable. No person shall alter, change, lend to another or attempt to transfer to another any license or any permit, tag or privilege issued therewith. No person, while hunting, shall possess a license, permit, tag or privilege which was issued to another person unless actually accompanied by the person to whom such license, permit, tag or privilege was issued. No person shall purchase, possess or use more than one hunting license, trapping license, bowhunting privilege, muzzle-loading privilege or special permit for the current license year, except as permitted by regulation of the department. Notwithstanding the prohibitions contained in this subdivision, the department may authorize by rule or regulation the transfer of deer management permits, issued pursuant to section 11-0913 of this article, to any person licensed to hunt deer pursuant to this title.

3. Any license, stamp or certificate in lieu of a lost or destroyed license, obtained by fraud, or by a person not authorized to hold it, or who makes a false statement in applying for it, is void.

4. a. Non-resident bear tags are issuable only to non-residents and persons who have been residents for less than thirty days immediately preceding the date of application.

b. A person is ineligible for a hunting license, trapping license, bowhunting privilege or muzzle-loading privilege unless such person meets the requirements of subdivision 3 of section 11-0713 of this title.

c. Only the following persons are eligible for resident fees: (1) persons who have been residents in the state for thirty days immediately prior to the date of application for the licenses, or who are enrolled as full-time students at a college or university within the state and who are in residence in the state for the school year, or who are out of state or foreign exchange high school students enrolled as full-time students in a high school within the state and who are in residence in the state for the school year; (2) Indian residents or members of the six nations residing on any reservation wholly or partly within the state; and (3) members of the United States armed forces in active service, stationed in this state, regardless of the place of residence at the time of entry into the service.

d. Only persons who possess a hunting license are eligible for a bowhunting privilege or muzzle-loading privilege.

e. A person under the age of twelve years is ineligible for a hunting license.

5. a. One-day and seven-day fishing licenses expire on the date stated on them.

b. A fishing license issued without charge to a resident as formerly provided in subdivision 2 of section 11-0715, shall remain effective for the life of the licensee.

c. A special antlerless deer license is effective during the special open season for which it is issued.

d. All other licenses and privileges defined in section 11-0701 are effective for a license year beginning September 1 and ending August 31; provided, however, a fishing license shall remain effective one year from the date on which it was issued.

6. a. Except as provided in section 11-0707 and section 11-0709 of this title, no person shall (1) hunt wildlife unless such person holds and is entitled to exercise the privileges of a hunting license; (2) hunt antlerless deer in a special open season therefor pursuant to subdivision 6 of section 11-0903 of this article unless such person holds and is entitled to exercise the privileges of and has on his or her person while so hunting a hunting license, bowhunting privilege or muzzle-loading privilege, and a special antlerless deer license; (3) take fish or frogs in the manner described in subdivision 4 of section 11-0701 of this title unless such person is entitled to exercise the privileges of a fishing license; (4) trap wildlife unless such person holds a trapping license.

b. Except as provided in section 11-0707 and section 11-0709 of this title, no person shall (1) hunt wild deer or bear unless such person holds and is entitled to exercise the privileges of a hunting license, and meets the requirements of this article; (2) hunt wild deer or bear with a longbow in a special longbow season unless such person holds and is entitled to exercise the privileges of a hunting license with a bowhunting privilege and meets the requirements of this article; or (3) hunt wild deer or bear with a muzzle-loading firearm in a special muzzle-loading firearm season unless such person is at least fourteen years old and holds a hunting license with a muzzle-loading privilege and meets the requirements of this article.

c. No non-resident shall hunt wild bear unless such person holds a hunting license and a non-resident bear tag and meets the requirements of this article.