11-0713 - Procedure in issuing licenses.
§ 11-0713. Procedure in issuing licenses. 1. a. All licenses, stamps, tags, buttons, permits, and permit applications authorized by this title or section 13-0355 of this chapter, and any additional privileges authorized by the department shall be issued by: (1) clerks of a county, town or city, except a city having a population of one million or more, although such clerks may request authorization from the department to cease issuing such licenses, (2) clerks of a village having more than one thousand inhabitants according to the last preceding federal census, or of a village in a county of less than five hundred thousand inhabitants, adjoining a city of over one million inhabitants, both according to such census, although such clerks may request authorization from the department to cease issuing such licenses, and (3) license issuing officers as may be appointed by the commissioner. Applicants for designation as license issuing officers shall be over the age of eighteen years and shall meet such other requirements of eligibility, including posting bond, as the department may by regulation specify. Such issuing officers shall be entitled to receive and keep the same fees for issuing licenses and stamps that are specified in section 11-0715 of this title for issuing clerks and section 13-0355 of this chapter, and shall file reports and remit license fees to the appropriate regional environmental conservation officer or the department as required by regulation. b. Special antlerless deer licenses shall be issued by the department as provided in subdivision 6 of section 11-0903 of this article. c. One-day fishing licenses and one-day recreational marine fishing licenses may be issued by any person who has never been convicted of or pleaded guilty to a misdemeanor under this chapter within the past three years, and has not been convicted of a crime under any other law. Such licenses shall be issued to any such person following payment of the applicable license fee for each license. One-day fishing licenses and one-day recreational marine fishing licenses may be sold by the initial purchaser for no more than the applicable license fee, plus one dollar for the person selling such license. In the case of misuse or fraud in handling the fishing licenses, the department shall have the authority to revoke the privilege to buy and sell the licenses. 2. The issuing officer shall not issue a junior archery license to a person between the ages of fourteen and sixteen or a junior hunting license to a person between the ages of twelve and sixteen years unless at the time of issuance applicant is accompanied by his or her parent or legal guardian who shall consent to the issuance of the license and shall so signify by signing his name in ink across the face of it. At no time shall such licenses be issued by mail to persons between the ages of twelve and sixteen years. 3. a. Subject to the provisions of paragraphs b and c of this subdivision, the issuing officer shall not issue a license, stamp, tag, button, permit, or permit application which authorizes the holder to hunt wildlife, to any person unless the applicant presents: (1) a license which authorizes the holder to hunt wildlife issued to him previously; or (2) an affidavit from a license issuing officer stating that applicant previously has been issued a license which authorizes the holder to hunt wildlife; or (3) a certificate of qualification in responsible hunting, responsible bowhunting and responsible trapping practices, including safety, ethics and landowner-hunter relations, issued or honored by the department, pursuant to this subdivision.b. (1) The issuing officer shall not issue a license or stamp which authorizes the holder to exercise the privilege of hunting big game with a longbow to any person unless the applicant presents a New York state license or stamp which authorizes the holder to exercise the privilege of hunting big game with a longbow issued in 1980 or later, an affidavit as provided in subparagraph 2 of paragraph a of this subdivision or a certificate of qualification in responsible bowhunting practices issued or honored by the department. (2) The issuing officer shall not issue a trapping license to any person unless the applicant presents a trapping license issued to him previously, an affidavit as provided in subparagraph 2 of paragraph a of this subdivision or a certificate of qualification in responsible trapping practices. c. The issuing officer shall not issue a bowhunting stamp or muzzle-loading stamp to any resident unless the applicant presents a junior hunting license if the licensee is at least fourteen years old, or a small and big game, free sportsman, or sportsman or resident super-sportsman license issued to that person for the corresponding license year. d. Certifications of qualification in responsible hunting, responsible bowhunting and responsible trapping practices may be made by duly qualified and designated persons, whose fitness to give instructions in said practices has been determined by an agent of the department. The department may designate any person it deems qualified to act as its agent in the giving of instruction and the making of certification. No charge shall be made for any certificate or instruction given to a person to qualify him or her to obtain a license or stamp other than for certain instruction and materials accredited by the department to provide preparation for final instruction and testing by agents of the department or for replacement education certificates for a commission of one dollar to the issuing agent. The department shall make available to the public courses without charge which do not require additional preparation at the expense of students, and may also offer optional courses which require preparatory instruction which may be at the expense of the student. The department may make rules and regulations which in its opinion effectuate better the purpose of this subdivision. 4. a. A person who has lost or accidentally destroyed a license or stamp authorizing the holder to hunt, fish, or trap may apply to the officer who issued it for a certificate in lieu thereof. Such officer shall issue a certificate stating the name and address of the applicant, the type of license issued and the fee, if any, paid for it. Applications and certificates furnished by the department shall be used for this purpose. b. A person who has lost or accidentally destroyed a button or tag issued with such a license or stamp may apply to any license issuing officer for a duplicate and the department shall issue a duplicate button or tag when satisfied that the application is made in good faith. A duplicate free sportsman tag shall be issued free of charge. c. A person who has lost or accidentally destroyed a deer management permit may apply to any license issuing officer for a duplicate. Such officer shall issue a duplicate tag when satisfied that the application is made in good faith. The officer shall also issue a certificate stating the name and address of the applicant, the identifying number of the tag that is being issued and the fee, if any, paid for it. Applications and tags furnished by the department shall be used for this purpose. 5. The commissioner shall establish a toll-free telephone number or a dedicated number for use to purchase sporting licenses by credit cardpurchasers. Notwithstanding any inconsistent provision of this chapter, the commissioner may authorize the sale of licenses via the internet, telephone or mail and establish procedures therefor, and may, through bulk sales or otherwise, furnish licenses for retail sale to outdoor and recreational outlets and not-for-profit organizations, and the department may sell licenses at department facilities. Except as provided in subdivision 1 of this section, a license sold at retail shall not be sold for a price which exceeds the fee for such license established in the fish and wildlife law. * 6. The department shall adopt regulations for the training in safe use of hunting with a crossbow and responsible hunting practices. Such training shall be included in the basic hunter education course required of all new hunters. Upon completion of the training by an individual the department shall provide documentation of the successful completion of the course. All persons who have completed hunter education prior to the date which crossbow training has been incorporated into the hunter education program shall complete an on line or other training program approved by the department prior to using a crossbow to hunt big game. The department may adopt rules and regulations as necessary to document completion of this program and may require a person to possess such proof while hunting with a crossbow. * NB Repealed December 31, 2012