§ 11-0719 — Revocation and suspension of licenses and of right to hunt, fish or trap without license

New York § 11-0719

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 7: Hunting, Fishing and Trapping Licenses
• Art. 11: Fish and Wildlife

Text

§ 11-0719. Revocation and suspension of licenses and of right to hunt,\n fish or trap without license.\n 1. a. In the circumstances described in paragraph b of this\nsubdivision the department may revoke any license, bowhunting privilege,\nor muzzle-loading privilege, of any person, to hunt, fish or trap,\ndefined in section 11-0701 of this title or issued pursuant to any\nprovision of the Fish and Wildlife Law, or it may revoke all of such\nlicenses, bowhunting privileges, or muzzle-loading privileges. It may\nalso deny such person, for a period not exceeding five years, the\nprivilege of obtaining such license or licenses, bowhunting privilege,\nor muzzle-loading privilege, or of hunting, trapping or fishing,\nanywhere in the state with or without license, bowhunting privilege, or\nmuzzle-loading privilege, except as provided in subdivision 1 of section\n11-0707 of this title or in section 11-0523 of this article. It may also\nrequire that such person successfully complete a department-sponsored\ncourse and obtain a certificate of qualification in responsible hunting\nincluding responsible crossbow hunting, responsible bowhunting or\nresponsible trapping practices before being issued another license.\n b. This subdivision applies to any person who:\n (1) is convicted of a violation of the Fish and Wildlife Law involving\nthe taking of deer or bear with the aid of an artificial light or signs\nan acknowledgment of such violation of that law for the purpose of\neffecting a settlement by civil compromise or by stipulation; or\n (2) is convicted of a violation of the Fish and Wildlife Law involving\nthe illegal taking of a deer, moose or bear, or signs an acknowledgment\nof any such violation of that law for the purpose of effecting a\nsettlement by civil compromise or by stipulation; or\n (3) is convicted of any violation of the Fish and Wildlife Law or\nsigns an acknowledgment of any violation of that law for the purpose of\neffecting a settlement by civil compromise or by stipulation, and\npreviously during the five years immediately preceding such conviction\nor the signing of such acknowledgment has been so convicted or has\nsigned such an acknowledgment; or\n (4) is convicted of an offense involving a violation of subdivisions\none and two of section 11-0901 of this article relating to taking of\nwildlife when the person taking is in or on a motor vehicle while such\nmotor vehicle is on a public highway or an offense involving a violation\nof subdivision one of section 11-0901 of this article and subparagraph\none of paragraph a of subdivision four of section 11-0931 of this\narticle relating to taking wildlife when the person taking is in or on a\nmotor vehicle and discharging a firearm, crossbow or longbow in such a\nway that the load, bolt or arrow passes over a public highway or a part\nthereof or signs an acknowledgment of any such violation for the purpose\nof affecting a settlement by civil compromise or by stipulation.\n c. Upon receipt of a court notification of the failure of a person to\nappear within three months of the return date or new subsequent\nadjourned date pursuant to an appearance ticket, uniform appearance\nticket or uniform appearance ticket and simplified information charging\nsuch person with a violation of the Fish and Wildlife Law, or any rule\nor regulation adopted pursuant thereto, the department may suspend any\nlicense of such person to hunt, fish or trap pending receipt of notice\nfrom the court that such person has appeared in response to such\nappearance ticket. Such suspension shall take effect no less than thirty\ndays from the day upon which notice thereof is sent by the department to\nthe person whose license is to be suspended.\n 2. a. The department may revoke the licenses, tags, bowhunting\nprivileges, or muzzle-loading privileges, which authorize the holder to\nhunt and/or trap wildlife, and may deny the privilege of obtaining such\nlicenses, tags, bowhunting privileges, or muzzle-loading privileges, and\nmay deny the privileges of hunting and/or trapping with or without a\nlicense.\n (1) of any person who, while engaged in hunting or trapping,\n (i) causes death or injury to any person by discharging a firearm,\ncrossbow or longbow, or\n (ii) so negligently discharges a firearm, crossbow or longbow as to\nendanger the life or safety of another, or\n (iii) so negligently and wantonly discharges a firearm, crossbow or\nlongbow as to destroy or damage public or private property; or\n (2) of any agent of the department authorized to issue certificates of\nqualification in responsible hunting including responsible crossbow\nhunting, bowhunting, or trapping practices who improperly issues any\nsuch certification to a person whom he or she has not trained, or whom\nhe or she knows has not satisfactorily completed all of the requirements\nnecessary for such certification.\n b. Action by the department resulting in the revocation of such\nlicense or denial of the privilege to hunt and trap as provided in this\nsubdivision shall be only after a hearing held by the department upon\nnotice to the offender, at which proof of facts indicating the violation\nis established to the satisfaction of the commissioner or of the hearing\nofficer designated by him or her and concurred in by the commissioner.\nProvided that where a person, while hunting, causes death or injury to\nany person by discharge of a firearm, crossbow or longbow, the\ncommissioner may, in his or her discretion, suspend such person's\nlicense or licenses to hunt and suspend such person's right to hunt\nwithout a license for a period of up to sixty days pending a hearing as\nprovided for in this subdivision.\n c. In case such discharge of a firearm, crossbow or longbow causes\ndeath or injury to any person, the license or licenses, bowhunting\nprivilege, and muzzle-loading privilege shall be revoked and the ability\nto obtain any such license and of hunting or of trapping anywhere in the\nstate with or without a license denied, for a period not exceeding ten\nyears, except that no revocation shall be made in cases in which facts\nestablished at the hearing indicate to the satisfaction of the\ncommissioner that there was no negligence on the part of the shooter or\nbowhunter. In all other cases the license or licenses, bowhunting\nprivilege, or muzzle-loading privilege, shall be revoked and the\nprivilege of obtaining such license, bowhunting privilege, or\nmuzzle-loading privilege, and of hunting or of trapping anywhere in the\nstate with or without a license denied for a period not exceeding five\nyears. The department may also require that the person causing such\ndeath or injury successfully complete a department-sponsored course and\nobtain a certificate of qualification in responsible hunting including\nresponsible crossbow hunting or bowhunting practices before being issued\nanother hunting license.\n d. Every person injuring himself, herself or another person in a\nhunting related incident, and the investigating law enforcement officer\nsummoned to or arriving at the scene of such incident shall within ten\ndays from the occurrence of such incident file a report of the incident\nin writing with the department. Every such person or law enforcement\nofficer shall make such other and additional reports as the department\nshall require. Failure to report such incident as herein provided by\nthe person causing injury or to furnish relevant information required by\nthe department shall be a violation and shall constitute grounds for\nsuspension or revocation of such person's hunting licenses and\nbowhunting and muzzle-loading privileges and denial of the ability to\nobtain any such license and of hunting with or without a license\nfollowing a hearing or opportunity to be heard. In addition, the\ndepartment may temporarily suspend the license of the person failing to\nreport a hunting related incident within the period prescribed herein\nuntil such report has been filed. In the case of a non-resident, the\nfailure to report an incident as herein provided shall constitute\ngrounds for suspension or revocation of his or her privileges of hunting\nwithin this state. The report required by this section shall be made in\nsuch form and number as the department may prescribe.\n 3. A hunting license issued to a person who is at least twelve and\nless than sixteen years of age or a hunting license with bowhunting\nprivilege issued to a person who is between the ages of twelve and\nsixteen years may be revoked by the department upon proof satisfactory\nto the department that such person, while under the age of sixteen, has\nengaged in hunting with a gun, crossbow or longbow, in circumstances in\nwhich a license and/or bowhunting or muzzle-loading privilege is\nrequired, while not accompanied by his or her parent, guardian or other\nadult as provided in section 11-0929 of this article. Additionally, the\ndepartment may revoke the hunting and/or bowhunting or muzzle-loading\nprivilege of any parent, guardian, youth mentor or other adult upon\nproof satisfactory to the department that such person allowed the holder\nof a hunting license, bowhunting privilege or muzzle-loading privilege\nto hunt with a gun, crossbow or longbow in violation of section 11-0929\nof this article. If such license or privilege is revoked the department\nshall fix the period of such revocation, which is not to exceed six\nyears. The department may require that such person successfully complete\na department sponsored course and obtain a certificate of qualification\nin responsible hunting including responsible crossbow hunting, or\nresponsible bowhunting practices before being issued another hunting or\nbowhunting license.\n 4. A person whose license to hunt, trap, or fish has been suspended or\nrevoked as provided in this section is ineligible for such license\nduring the period determined by the department as provided in this\nsection. No such person shall, during such period, procure any license\nfor which he or she is ineligible. No person shall without license hunt,\ntrap, or fish during any period in which the privilege to do so has been\ndenied by the department as provided in this section.\n 5. When the department has revoked a license, or has denied to any\nperson the ability to obtain a license, or of hunting, trapping or\nfishing without a license, it shall cause the fact of such revocation or\ndenial, or both, as the case may be, and the terms and extent thereof,\nto be entered in the minutes of the department, and shall forthwith send\na written notice of its action as so entered in the minutes to the\nperson affected, at his last known address, either by registered or\ncertified mail or by delivery personally by a representative of the\ndepartment. Within five days after service of such notice, such person\nshall deliver to the department the license or licenses revoked,\ntogether with any tags issued in connection with them. If the license\nwas one entitling the holder to a bowhunting or muzzle-loading privilege\nand the revocation concerned some but not all of such privileges, any\nlicense, or tag so delivered shall be returned by the department to the\nperson to whom it was issued, appropriately marked or stamped to show\nthe extent to which it is revoked.\n