§ 11-0901 — Prohibitions

New York § 11-0901

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 9: Hunting
• Art. 11: Fish and Wildlife

Text

§ 11-0901. Prohibitions.\n 1. No person while in or on a motor vehicle, as defined in section\n11-0931 of this chapter, shall take wildlife other than migratory game\nbirds, or use any lights on any such vehicle for such purpose.\n * 2. Wildlife shall not be taken on or from any public highway,\nexcept:\n a. that in the forest preserve counties it may be taken from highways\nother than state, county or town highways; and\n b. by a nuisance wildlife specialist with a permit issued pursuant to\nsection 11-0522 of this article provided that such activities are in\nfurtherance of the site-specific deer management plan.\n c. by a nuisance wildlife specialist with a permit issued pursuant to\nsection 11-0522-a of this article provided that such activities are in\nfurtherance of the site-specific deer management plan.\n * NB Effective until January 1, 2027\n * 2. Wildlife shall not be taken on or from any public highway, except\nthat in the forest preserve counties it may be taken from highways other\nthan state, county or town highways.\n * NB Effective January 1, 2027\n 3. a. Migratory game birds shall be taken only as permitted by\nregulations of the department adopted pursuant to section 11-0307.\n b. Wild deer and bear shall not be taken except by gun, crossbow or by\nlong bow. Where an open season, set forth in the table of open seasons\nin section 11-0907 of this title or otherwise established by law or\nfixed by regulation, is specified as an open season for taking such game\nby shotgun or long bow only, or is specified as an open season for\ntaking such game by long bow only, they shall not be taken except as so\nspecified.\n c. Wild small game and wild upland game birds shall be taken only by\nlongbow or gun, or by the use of raptors as provided in title 10 of this\narticle, except that:\n (1) skunk, raccoon, bobcat, coyote, fox, mink and muskrat may be taken\nin any manner not prohibited in this section or in title 11 of the Fish\nand Wildlife Law;\n (2) frogs may also be taken by spearing, catching with the hands, or\nby the use of a club or hook; and\n (3) crossbows may be used but only by licensees who are fourteen years\nof age or older.\n d. Muskrat shall not be taken by the use of a spear and shall not be\ntaken by shooting except that until the state of Vermont shall prohibit\ntaking of muskrats on Lake Champlain by shooting, muskrats may be taken,\nby shooting with a firearm not larger than twenty-two caliber, on Lake\nChamplain, exclusive of the tributary streams flowing into such lake.\nPossession of pierced or stabbed muskrats shall be presumptive evidence\nthat they were unlawfully taken. Wild mink shall not be taken by the use\nof firearms in the Northern Zone nor elsewhere within the state with a\nfirearm larger than twenty-two caliber. Skunk, raccoon, bobcat, mink and\nmuskrat shall not be taken by the use of smoke, chemicals, gas or\npoison. Beaver, fisher and otter shall not be hunted.\n e. Wild pheasant shall be taken only by shotgun or long bow, or by the\nuse of raptors as provided in title 10 of this article. Except as\nspecifically authorized by regulation of the department adopted pursuant\nto section 11-1007 or whenever the department determines that the taking\nof hen pheasants will result in better pheasant management and not be\ndetrimental to the natural propagation of such pheasants, only male wild\npheasants shall be taken.\n f. No wildlife shall be taken with an arrow with an explosive head or\nshaft, or with an arrow, dart or any device, propelled by any means,\nthat is used for the purpose of injecting or delivering any type of drug\ninto the blood system of such wildlife. Nothing in this paragraph shall\nbe construed as prohibiting a wildlife biologist or employee of the\ndepartment or anyone acting under a license from the department from\nusing any method to take wildlife if he is doing so within the scope of\nhis employment for the department, or pursuant to the license issued by\nthe department.\n g. Wildlife shall not be taken by the use of a device commonly called\na spear gun.\n 4. a. Wild deer and bear shall not be taken in water.\n b. No person shall hunt deer:\n (1) with the aid of a dog, or aircraft of any kind; or\n (2) with the aid of a jacklight, spotlight, headlight or other type of\nartificial light; or\n (3) with a pistol, revolver or rifle using rim-fire ammunition; or\n (4) with a shotgun of less than twenty gauge or loaded with shells\nother than shells each carrying a single round ball or a single slug,\nprovided however, the use of a shotgun of twenty gauge or larger having\na rifled barrel or a smooth bore barrel fitted with a rifled choke,\nloaded with shells each carrying a single round ball or a single slug,\nshall not be prohibited so long as only shells having a non-metallic\ncase, except for the base, are used; or\n (5) with a long bow with a draw weight of less than thirty-five\npounds; or\n (6) with an arrow or bolt with an arrowhead that measures less than\nseven-eighths of an inch at its widest point or that has fewer than two\nsharp cutting edges; or\n (7) with the aid of a pre-established bait pile other than those areas\nestablished by standard agricultural production practices; or\n (8) with an arrow with a barbed broadhead arrowhead; or\n (9) with a crossbow unless such crossbow shall consist of a bow and\nstring, either compound or recurve, mounted upon a stock with a trigger\nthat holds the string and limbs under tension until released. The\ntrigger unit of such crossbow must have a working safety. The minimum\npeak draw weight of such crossbow shall be one hundred pounds.\n c. No person shall hunt bear:\n (1) with the aid of a dog, or aircraft of any kind; or\n (2) with the aid of a jacklight, spotlight, headlight or other type of\nartificial light; or\n (3) with a pistol, revolver or rifle using rim-fire ammunition; or\n (4) with a shotgun of less than twenty gauge or loaded with shells\nother than shells each carrying a single round ball or a single slug,\nprovided however, the use of a shotgun of twenty gauge or larger having\na rifled barrel or a smooth bore barrel fitted with a rifled choke,\nloaded with shells each carrying a single round ball or a single slug,\nshall not be prohibited so long as only shells having a non-metallic\ncase, except for the base, are used; or\n (5) with a long bow with a draw weight of less than thirty-five\npounds; or\n (6) with an arrow or bolt with an arrowhead that measures less than\nseven-eighths of an inch at its widest point or that has fewer than two\nsharp cutting edges; or\n (7) with the aid of a pre-established bait pile other than those areas\nestablished by standard agricultural production practices; or\n (8) with an arrow with a barbed broadhead arrowhead; or\n (9) with a crossbow unless such crossbow shall consist of a bow and\nstring, either compound or recurve, mounted upon a stock with a trigger\nthat holds the string and limbs under tension until released. The\ntrigger unit of such crossbow must have a working safety. The minimum\npeak draw weight of such crossbow shall be one hundred pounds.\n d. The use upon land inhabited by deer or bear of a jacklight,\nspotlight or other type of artificial light by any person who is or is\naccompanied by a person who is in possession, at the time of such use,\nof a long bow, a crossbow or firearm of any kind, shall be presumptive\nevidence that such person is hunting deer or bear with the aid of such\nlight, in violation of this subdivision, unless:\n (1) such long bow or crossbow is unstrung, or such a firearm is taken\ndown, or securely fastened in a case, or locked in the trunk of a\nvehicle, or\n (2) the firearm is a pistol or revolver, or\n (3) the firearm is not in or on a motor vehicle and is a rifle\ndesigned or adapted for use of rim-fire ammunition and neither the\nperson in possession of the gun, nor any member of his party, has in his\npossession any twenty-two caliber ammunition other than twenty-two\ncaliber rim-fire ammunition, or\n (4) the firearm is not in or on a motor vehicle and is a shotgun and\nneither the person in possession of the gun, nor any member of his\nparty, has in his possession ammunition other than shells loaded with\nscatter shot of size number four or smaller.\n e. (1) No person shall use a jacklight, spotlight or other type of\nartificial light upon lands inhabited by deer or bear within five\nhundred feet from a dwelling house, farm building or farm structure\nactually occupied or used, for the purpose of locating, spotting,\nharrying, worrying or otherwise disturbing deer or bear.\n (2) The prohibition contained in subparagraph one of this paragraph\nshall not apply to (i) the owner or lessee of the dwelling house, or\nmembers of his immediate family residing therein, or a person in his\nemploy, or the guest of the owner or lessee of the dwelling house acting\nwith the consent of said owner or lessee; provided however, that nothing\nherein shall be deemed to authorize such persons to use a jacklight,\nspotlight or other type of artificial light within five hundred feet\nfrom any other dwelling house, farm building or farm structure actually\noccupied or used, for the purpose of locating, spotting, harrying,\nworrying or otherwise disturbing deer or bear or (ii) the authorized use\nof a spotlight or other artificial light regularly operated and\nmaintained by a police department or other law enforcement agency or by\nany local or state department or agency duly authorized to render\nservices for the protection of life and property.\n 5. a. Varying hares shall not be taken by the use of ferrets,\nfitch-ferrets or fitch.\n b. Cottontail rabbits shall not be taken by the use of ferrets,\nfitch-ferrets or fitch unless permitted by regulation of the department\nor unless a permit for such taking has first been obtained from the\ndepartment.\n c. The possession afield of ferrets, fitch-ferrets or fitch shall be\npresumptive evidence of their illegal use.\n d. The department may adopt regulations specifying towns or counties\nin which ferrets, fitch-ferrets or fitch may be used to take cottontail\nrabbits. Whenever cottontail rabbits are injuring property on occupied\nlands, the department, on request of the owner or occupant of such\nlands, may issue a permit to use ferrets, fitch-ferrets or fitch to take\nthem if it is satisfied there exists sufficient damage to warrant its\nissuance.\n 6. Skunks shall not be taken from holes or dens by digging or by the\naid of dogs.\n 7. Raccoons shall not be taken from dens or houses or by cutting den\ntrees.\n 8. Traps shall not be used except as permitted in title 5 or title 11\nof the Fish and Wildlife Law.\n 9. No protected wild bird for which no open season is established by\nlaw or fixed by regulation shall be taken.\n 10. No wild game shall be taken except in an open season established\nby law as provided in section 11-0905, 11-0907 or 11-1103 or fixed by\nregulation as provided in section 11-0903, or in section 11-0307 in the\ncase of migratory game birds, or in section 11-1103, in the areas for\nwhich such open seasons are established or fixed, and during the hours\npermitted for such taking; nor shall any wild game be taken in excess of\nbag limits specified in section 11-0905 or section 11-0907, or fixed by\nregulation as provided in section 11-0903 or section 11-0307.\n 11. No long bow equipped with a mechanical device which is used to\ndraw, hold or release the bow string or arrow and which is attached to a\nportion of the bow other than the bow string may be used or carried\nafield. The shooting of a long bow shall only be accomplished by holding\nthe bow at arm's length, with arrow on the string, and may only be\ndrawn, pulled or released by hand.\n 12. Upland game birds shall not be taken with the aid of baiting or on\nor over any baited area.\n 13. Persons engaged in hunting deer and/or bear with a longbow must\npossess a current bowhunting privilege or a valid certificate of\nqualification in responsible bowhunting practices issued or honored by\nthe department.\n 14. It shall be unlawful for any person to organize, sponsor, conduct,\npromote, or participate in any contest, competition, tournament, or\nderby with the objective of taking or hunting wildlife for prizes or\nother inducement, or for entertainment. The remains of any wildlife\nkilled during the course of a contest, competition, tournament, or derby\nconducted in violation of this subdivision shall be forfeited by every\norganizer, promoter, participant or any other person conducting or\ninvolved in such contest, competition, tournament, or derby and the\nremains of such wildlife shall become the property of the department.\nThe provisions of this subdivision shall not apply to: (a) any contest,\ncompetition, tournament, or derby with the object of taking or hunting\nwhite-tailed deer, turkey, or bear; or (b) special dog training areas or\nfield trials pursuant to sections 11-0925 and 11-0927 of this title, or\nany similar canine performance events.\n 15. This section does not:\n a. restrict the authority of any special permit or license issued by\nthe department;\n b. limit title 11 or provisions of title 3, title 5, or title 19\nauthorizing taking of wildlife;\n c. limit prohibitions set forth in any other section of the Fish and\nWildlife Law.\n 16. Notwithstanding any inconsistent provision of this section, the\ndepartment may adopt regulations to allow the taking of big game or\nsmall game by the use of a long bow equipped with a mechanical device\nfor holding and releasing the bowstring, attached to the handle section\nof an otherwise legal long bow, to any person with a physical disability\nwho is physically incapable of drawing and holding a long bow because of\na physical disability, subject to such restrictions as the department\nmay adopt by regulation. For the purpose of this subdivision, a person\nwith a physical disability shall mean any person who submits to the\ndepartment a statement of a physician duly licensed to practice medicine\nthat such person is physically incapable of arm movement sufficient to\ndraw, hold and release a long bow as defined in subdivision four of this\nsection or as otherwise defined in department regulation. The department\nis authorized to adopt regulations requiring documentation to establish\nthat an applicant is eligible to use a mechanical device pursuant to\nthis subdivision.\n 17. Notwithstanding any inconsistent provision of this section, the\ndepartment may issue to a physically disabled person a permit to take\nbig game or small game by the use of a cross-bow equipped with an\napparatus permitting release of the bowstring by means of such person's\ndischarge of breath. For the purposes of this subdivision, "physically\ndisabled person" shall mean any person who submits to the department a\nstatement of a physician duly licensed to practice medicine in this\nstate that such person is permanently physically incapable of arm\nmovement sufficient to release a pre-drawn bow authorized under\nsubdivision fifteen of this section.\n