§ 11-0713 — Procedure in issuing licenses

§ 11-0713. Procedure in issuing licenses.\n 1. a. All licenses, bowhunting privileges, muzzle-loading privileges,\ntags, permits, registrations, and permit applications authorized by this\ntitle or section 13-0355 of this chapter, and any additional privileges\nauthorized by the department shall be issued by:\n (1) clerks of a county, town or city, except a city having a\npopulation of one million or more, although such clerks may request\nauthorization from the department to cease issuing such licenses or\nregistrations,\n (2) clerks of a village having more than one thousand inhabitants\naccording to the last preceding federal census, or of a village in a\ncounty of less than five hundred thousand inhabitants, adjoining a city\nof over one million inhabitants, both according to such census, although\nsuch clerks may request authorization from the department to cease\nissuing such licenses or registrations, and\n (3) license issuing officers as may be appointed by the commissioner.\nApplicants for designation as license issuing officers shall be over the\nage of eighteen years and shall meet such other requirements of\neligibility, including posting bond, as the department may by regulation\nspecify. Such issuing officers shall be entitled to receive and keep the\nsame fees for issuing licenses and stamps that are specified in section\n11-0715 of this title for issuing clerks, and shall file reports and\nremit license fees to the appropriate regional environmental\nconservation officer or the department as required by regulation.\n b. Special antlerless deer licenses shall be issued by the department\nas provided in subdivision 6 of section 11-0903 of this article.\n c. One-day fishing licenses may be issued by any person who has never\nbeen convicted of or pleaded guilty to a misdemeanor under this chapter\nwithin the past three years, and has not been convicted of a crime under\nany other law. Such licenses shall be issued to any such person\nfollowing payment of the applicable license fee for each license.\nOne-day fishing licenses may be sold by the initial purchaser for no\nmore than the applicable license fee, plus one dollar for the person\nselling such license. In the case of misuse or fraud in handling the\nfishing licenses, the department shall have the authority to revoke the\nprivilege to buy and sell the licenses.\n 2. The issuing officer shall not issue a hunting license or bowhunting\nprivilege or muzzle-loading privilege to a person between the ages of\ntwelve and sixteen years unless, at the time of issuance, the applicant\nis accompanied by his or her parent or legal guardian who shall consent\nto the issuance of the license and shall so signify by signing his or\nher name in ink across the face of it. At no time shall such licenses be\nissued by mail to persons between the ages of twelve and sixteen years.\n 3. a. Subject to the provisions of paragraph b of this subdivision,\nthe issuing officer shall not issue a license, privilege, tag, permit,\nor permit application which authorizes the holder to hunt wildlife, to\nany person unless the applicant presents:\n (1) a license which authorizes the holder to hunt wildlife issued to\nhim previously; or\n (2) an affidavit from a license issuing officer stating that applicant\npreviously has been issued a license which authorizes the holder to hunt\nwildlife; or\n (3) a certificate of qualification in responsible hunting, responsible\nbowhunting and responsible trapping practices, including safety, ethics\nand landowner-hunter relations, issued or honored by the department,\npursuant to this subdivision.\n b. (1) The issuing officer shall not issue a bow hunting privilege to\nany person unless the applicant presents a hunting license issued to\nthat person for the corresponding license year and a New York state\nlicense which authorizes the holder to exercise the privilege of hunting\nwith a longbow issued in 1980 or later, an affidavit as provided in\nsubparagraph 2 of paragraph a of this subdivision or a certificate of\nqualification in responsible bowhunting practices issued or honored by\nthe department.\n (2) The issuing officer shall not issue a trapping license to any\nperson unless the applicant presents a trapping license issued to him or\nher previously, an affidavit as provided in subparagraph 2 of paragraph\na of this subdivision or a certificate of qualification in responsible\ntrapping practices.\n (3) The issuing officer shall not issue a muzzle-loading privilege to\nany person unless the applicant presents a hunting license issued to\nthat person for the corresponding license year and such person is at\nleast fourteen years old.\n c. Certifications of qualification in responsible hunting, responsible\nbowhunting and responsible trapping practices may be made by duly\nqualified and designated persons, whose fitness to give instructions in\nsaid practices has been determined by an agent of the department. The\ndepartment may designate any person it deems qualified to act as its\nagent in the giving of instruction and the making of certification. No\ncharge shall be made for any certificate or instruction given to a\nperson to qualify him or her to obtain a license or privilege other than\nfor certain instruction and materials accredited by the department to\nprovide preparation for final instruction and testing by agents of the\ndepartment or for replacement education certificates for a commission of\none dollar to the issuing agent. The department shall make available to\nthe public courses without charge which do not require additional\npreparation at the expense of students, and may also offer optional\ncourses which require preparatory instruction which may be at the\nexpense of the student. The department may make rules and regulations\nwhich in its opinion effectuate better the purpose of this subdivision.\n 4. a. A person who has lost or accidentally destroyed a license or\nprivilege authorizing the holder to hunt, fish, or trap may apply to the\nofficer who issued it for a certificate in lieu thereof. Such officer\nshall issue a certificate stating the name and address of the applicant,\nthe type of license issued and the fee, if any, paid for it.\nApplications and certificates furnished by the department shall be used\nfor this purpose.\n b. A person who has lost or accidentally destroyed a tag issued with\nsuch a license or privilege may apply to any license issuing officer for\na duplicate and the department shall issue a duplicate tag when\nsatisfied that the application is made in good faith.\n c. A person who has lost or accidentally destroyed a deer management\npermit may apply to any license issuing officer for a duplicate. Such\nofficer shall issue a duplicate tag when satisfied that the application\nis made in good faith. The officer shall also issue a certificate\nstating the name and address of the applicant, the identifying number of\nthe tag that is being issued and the fee, if any, paid for it.\nApplications and tags furnished by the department shall be used for this\npurpose.\n 5. The commissioner shall establish a toll-free telephone number or a\ndedicated number for use to purchase sporting licenses by credit card\npurchasers. Notwithstanding any inconsistent provision of this chapter,\nthe commissioner may authorize the sale of licenses via the internet,\ntelephone or mail and establish procedures therefor, and may, through\nbulk sales or otherwise, furnish licenses for retail sale to outdoor and\nrecreational outlets and not-for-profit organizations, and the\ndepartment may sell licenses at department facilities. Except as\nprovided in subdivision 1 of this section, a license sold at retail\nshall not be sold for a price which exceeds the fee for such license\nestablished in the fish and wildlife law.\n 6. The department shall require training in the safe use of hunting\nwith a crossbow and safe hunting practices in the basic hunter education\ncourse required for all new hunters. All persons who have completed\nhunter education and who have not certified their completion of a safety\ncourse which includes crossbow hunting training prior to April first,\ntwo thousand fourteen shall complete an online or other training program\napproved by the department prior to using a crossbow to hunt.\n 7. The commissioner shall ensure that space is provided on any form\nfor application or renewal of a license issued pursuant to this title so\nthat the applicant shall register or decline registration in the donate\nlife registry for organ, eye and tissue donations pursuant to section\nforty-three hundred ten of the public health law and that the following\nis stated on the form in clear and conspicuous type:\n "You must fill out the following section: Would you like to be added\nto the Donate Life Registry? Check box for 'yes' or 'skip this\nquestion'."\n The commissioner of health shall not maintain records of any person\nwho checks "skip this question". Except where the application is made in\nperson or electronically, failure to check a box shall not impair the\nvalidity of an application, and failure to check "yes" or checking "skip\nthis question" shall not be construed to imply a wish not to donate. In\nthe case of an applicant under eighteen years of age, checking "yes"\nshall not constitute consent to make an anatomical gift or registration\nin the donate life registry, except as otherwise provided pursuant to\nthe provisions of paragraph (b) of subdivision one of section\nforty-three hundred one of the public health law. Where an applicant has\npreviously consented to make an anatomical gift or registered in the\ndonate life registry, checking "skip this question" or failing to check\na box shall not impair that consent or registration.\n