2006 New York Code - Shooting Preserves.

 
  § 11-1903. Shooting preserves.
    1.  The department may, in its discretion, issue to an owner or lessee
  of wholly enclosed lands or an entire island a shooting preserve license
  permitting him to purchase, possess, rear and transport, and to  release
  and  take  by shooting therein, domestic game birds legally possessed or
  acquired. No birds may be held for propagation after March 31 unless the
  owner or lessee also has a  domestic  game  bird  breeder's  license  as
  provided  for  in  section  11-1901.  In  the  case of leased lands, the
  applicant shall furnish with his application evidence of a written lease
  executed by each lessor  covering  the  premises  to  be  licensed.  The
  license  shall  expire  on  March  31 in each year. The department shall
  prescribe  and  furnish  forms  for  application   for   such   license.
  Applicants  shall  pay, and the department shall be entitled to receive,
  fees according to the type of license issued as follows:
    a. Class A license, fifty dollars for the first one hundred acres  and
  five  dollars  for  each additional one hundred acres or portion thereof
  comprising the premises described in the application. This license shall
  allow the holder thereof to operate a commercial shooting  preserve  and
  charge a daily fee for hunting or charge a fee for each bird killed or a
  combination thereof. Birds may be killed by the licensee for his own use
  and may be sold dead or alive.
    b.  Class  B  license,  twenty-five  dollars for the first one hundred
  acres and two dollars and fifty cents for each  additional  one  hundred
  acres  or  portion  thereof  comprising  the  premises  described in the
  application. This license shall allow the holder thereof  to  operate  a
  nonprofit  shooting  preserve or a nonprofit club or membership shooting
  preserve with use limited to members and guests. Birds may be killed  by
  the  licensee  for  his  own  use  but  no live birds, or their eggs, or
  carcasses may be sold unless the licensee holds  a  Class  A  game  bird
  breeder's license.
    c.  Class  C  license, fifteen dollars for the first one hundred acres
  and two dollars for each additional one hundred acres or portion thereof
  comprising the premises described in the application. This license shall
  allow the holder  thereof  to  operate  a  shooting  preserve  with  use
  restricted  to  the  licensee, his family and invitees, provided no fees
  are charged for the privilege of hunting or for birds shot. Birds may be
  killed by the licensee for his own use but no live birds, or their eggs,
  or carcasses may be sold unless the licensee holds a Class A  game  bird
  breeder's license.
    2.   Applications   for   shooting  preserve  licenses  shall  not  be
  entertained from September 1 through March 31.
    3. The department may revoke the license of any licensee convicted  of
  a  violation  of this section, and no license shall be issued to him for
  the ensuing two years. The licensee, unless he shall waive  such  right,
  shall  have an opportunity to be heard. Notice of hearing shall be given
  by mailing the same in writing to the licensee at the address  contained
  in  his  license.  Attendance of witnesses may be compelled by subpoena.
  Revocation shall be deemed  an  administrative  act  reviewable  by  the
  supreme court as such.
    4.  After  March 31, 1965 the minimum acreage for a shooting preserve,
  under a Class A or Class B license, which is licensed for the first time
  or for which a previous license has not been renewed for a period of one
  year or more, shall be not less than one hundred acres in  a  contiguous
  block.
    5.  The  boundaries  of  a  shooting  preserve  shall  be  posted with
  appropriate signs in accordance with section 11-2111.
    6. On each area or part thereof which is licensed for the first  time,
  or for which a previous license has not been renewed for a period of one
  year or more, the licensee of premises licensed for pheasants shall make
  an  initial  liberation,  to  be  witnessed  by  a representative of the
  department, of a number of pheasants at least fourteen weeks of age  and
  equal  to  one  bird for each ten acres of the licensed premises, in the
  ratio of one cock to four hens. This initial  liberation  shall  not  be
  included  in  the  computation  of  liberated  birds on which a shooting
  authorization is based.
    7. Domestic game birds may not be killed, by shooting, on the premises
  specified in the application for the license, except under the following
  conditions:
    a. Birds must be at least fourteen weeks  of  age  before  liberation.
  Ducks, geese, brant and swans shall be marked by having had the hind toe
  of  the  right  foot  removed,  except  as  provided in subdivision 5 of
  section 11-1901, and no such duck, goose, brant or swan, over four weeks
  of age, may be possessed, sold or killed by shooting without such  mark.
  Birds  so marked, which have escaped, may be recaptured by the licensee.
  Other such domestic game birds which have escaped may be  recaptured  by
  the  licensee  provided  they  are marked as prescribed in the rules and
  regulations of the department. Escaped birds may be recaptured  only  on
  the premises of the licensee.
    b.  Before  any  shooting  of  domestic  game  birds  may be done on a
  licensed shooting preserve the licensee must advise  the  department  in
  writing  of  the  numbers of each species of domestic game birds reared,
  purchased or otherwise acquired for liberation, and request and  receive
  in  writing  a  shooting  authorization which shall state the numbers of
  each species of game bird that may be taken by shooting. The  number  of
  birds  authorized  to be taken by shooting shall not be less than eighty
  per cent of the number liberated.
    Shooting authorization shall be based on the actual number of birds on
  hand or on contract at the time of application for  such  authorization.
  If  birds  are  purchased,  the  applicant  shall submit one copy of the
  contract agreement signed by the purchaser and seller on forms furnished
  by the department. The  contract  shall  state  the  name,  address  and
  license  number  of the party from whom purchased as well as the numbers
  of birds purchased and the dates of delivery.
    c. Ducks, geese, brant and swans liberated under this section  may  be
  taken only under rules and regulations made by the department.
    d.  On  the premises described in the application for the license, the
  licensee may kill domestic game  birds  by  shooting  from  September  1
  through March 31 and in any manner, other than by shooting, at any time,
  or  any person may take domestic game birds by shooting from September 1
  through March 31 with the consent of the licensee. When an investigation
  made by the department in the month of March of any  year  reveals  that
  during  the  current  shooting  preserve season reasonable opportunities
  were not afforded to harvest domestic game birds in any area or areas of
  the state because of abnormal weather conditions, the  department  shall
  have  power to extend by order the shooting preserve season in such area
  or areas for a period not to exceed 15 days.
    8. The holder of a shooting preserve license shall  keep  records  and
  make  reports as required by and upon forms furnished by the department.
  The reports shall be subscribed by the licensee, and  shall  contain  an
  affirmation  that  the  statements  therein  are  made  subject  to  the
  penalties of perjury. The records shall be continuous  and  current  and
  shall be kept on the licensed premises, and the licensee shall allow any
  representative  of  the department to enter upon the premises to inspect
  his operations and records. Records must be retained  for  a  period  of
  three years.
    9.  On  the premises described in the application for the license, the
  licensee may take any unprotected wild birds, or any predatory  wildlife
  except protected birds, disturbing domestic game. Such birds or wildlife
  may  be  taken at any time and in any manner, except that no trap of the
  leg-gripping  type,  having teeth in the jaws or having a greater spread
  of jaws than six inches, shall be used for such  purpose,  nor  shall  a
  trap  be  set  so  that  any  wildlife  when  caught shall be suspended.
  Carcasses of such birds or  wildlife  shall  be  immediately  buried  or
  cremated,   except  that  carcasses  of  unprotected  wildlife,  and  of
  protected wildlife other than birds if  taken  during  their  respective
  open  seasons,  may  be  possessed,  transported, bought and sold to the
  extent permitted by section 11-0917.
    10. a. The department shall supply tags, for which the licensee  shall
  pay a fee of five cents each, which shall be affixed to the carcass of a
  domestic  game  bird  and  remain  so  affixed until the bird is finally
  prepared for consumption. No domestic game  birds  so  killed  shall  be
  possessed without such tag. Only an authorized person as provided in the
  rules  and  regulations  of  the department shall have in his possession
  such tags.
    b. Notwithstanding any provision in this section to the  contrary,  no
  untagged carcass may be removed from the premises except carcasses which
  are  removed  for  processing.  When transporting untagged carcasses for
  processing, the bearer must have a  statement  signed  by  the  licensee
  stating  the number of carcasses transported and the name and address of
  the processor. The bearer must also have in his possession tags equal in
  number to the carcasses transported.  The  processor  or  bearer,  after
  picking  and  dressing the carcasses, shall affix the tags, furnished by
  the licensee, to each carcass.
    c. The licensee shall keep records of the number of tags  used.  If  a
  shooting  preserve  license  is  not renewed on its expiration date, all
  unused tags on inventory shall  be  returned  to  the  nearest  regional
  office  of  the  department not later than ten days after the expiration
  date of the license. There shall be no refund of money for such returned
  tags, which shall be immediately invalidated.
    d.  The  tagging  required  by  this  subdivision   shall   constitute
  compliance  with  the tagging requirements of section 11-1721. Carcasses
  of domestic game birds, tagged as provided in this subdivision,  may  be
  possessed  and transported by all licensees under this section, and they
  may be bought, sold and offered for sale  to  the  extent  permitted  by
  sections 11-1719 and 11-1723, except that no domestic duck, goose, brant
  or  swan  shall  be  bought, sold or killed by shooting unless marked as
  provided in subdivision 7 of this section.
    11. Notwithstanding any provision in this section to the contrary, any
  person may conduct a field trial on the grounds of a  shooting  preserve
  at any time under the provisions of section 11-0927.