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2006 New York Code - General Provisions.



 
  § 11-0703. General provisions.
    1.  a.  The  privileges  of the licenses and stamps defined in section
  11-0701 may be exercised only at the times and places, and in the manner
  and to the extent, permitted by provisions of the Fish and Wildlife  Law
  and  applicable  regulations  of  the  department,  including provisions
  contained and  regulations  authorized  in  sections  of  the  Fish  and
  Wildlife  Law  other  than  those  specifically  referred  to in section
  11-0701.
    b. No license or stamp authorizes the  holder  (a)  to  trespass  upon
  private  lands  or  waters  or  to  interfere with property belonging to
  another person; (b) to take fish or wildlife on an  Indian  reservation;
  (c)  to  enter  upon, or to take or disturb fish or wildlife upon, state
  lands or waters posted by the department except  in  accordance  with  a
  written   permit  from  the  department  or  an  order  adopted  by  the
  department; (d) to take any fish or wildlife in any area closed  to  the
  taking  of fish or wildlife, or to take any species of fish, wildlife or
  protected insect in an area closed to the taking of such species.
    2. No license, permit, tag or stamp is transferable. No  person  shall
  alter,  change,  lend  to  another or attempt to transfer to another any
  license or any button, permit, tag or stamp issued therewith. No person,
  while hunting, shall possess a license, button,  permit,  tag  or  stamp
  which  was  issued  to another person unless actually accompanied by the
  person to whom such license, button, permit, tag or stamp was issued. No
  person shall purchase, possess or use  more  than  one  junior  archery,
  junior   small   game,   small  and  big  game,  big  game,  bowhunting,
  muzzle-loading, sportsman, or resident super-sportsman license or stamp,
  non-resident  bowhunting   or   muzzle-loading   license,   non-resident
  super-sportsman license, non-resident bear tag or special permit for the
  current   license  year,  except  as  permitted  by  regulation  of  the
  department.  Notwithstanding  the   prohibitions   contained   in   this
  subdivision,  the  department  may  authorize  by rule or regulation the
  transfer of deer management permits, issued pursuant to section  11-0913
  of  this  article,  to any person licensed to hunt deer pursuant to this
  title.
    3. Any license, stamp or certificate in lieu of a  lost  or  destroyed
  license, obtained by fraud, or by a person not authorized to hold it, or
  who makes a false statement in applying for it, is void.
    4. a. Non-resident fishing, non-resident super-sportsman, non-resident
  bowhunting  or  muzzle-loading,  or  non-resident  trapping licenses, or
  non-resident bear tags are issuable only to  non-residents  and  persons
  who  have been residents for less than thirty days immediately preceding
  the date of application.
    b. A person under the age of fourteen  years  is  ineligible  for  any
  license which authorizes the holder to hunt big game. A person under the
  age  of  sixteen years is ineligible for a small and big game, sportsman
  or resident super-sportsman, non-resident super-sportsman,  non-resident
  big  game,  or  non-resident  bowhunting  or  muzzle-loading license, or
  muzzle-loading or  bowhunting  stamp.  A  person  is  ineligible  for  a
  hunting,  small  and  big  game,  junior  small  game,  big game, junior
  archery,   sportsman   and   resident   super-sportsman,    non-resident
  super-sportsman,  or  non-resident  bowhunting or muzzle-loading license
  unless such person meets the requirements of subdivision  3  of  section
  11-0713 of this article.
    c.  Only the following persons are eligible for resident licenses: (1)
  persons who have been residents in the state for more than  thirty  days
  immediately  preceding  the date of application for the licenses, or who
  are enrolled in a full-time course at a college or university within the
  state and who are in residence in the state for the school year, or  who
  are  out of state or foreign exchange high school students enrolled in a
  full-time course in a high school  within  the  state  and  who  are  in
  residence  in  the  state  for  the school year; (2) Indian residents or
  members  of the six nations residing on any reservation wholly or partly
  within the state; (3) members of  the  United  States  armed  forces  in
  active  service,  stationed  in  this  state, regardless of the place of
  residence at the time  of  entry  into  the  service;  and  (4)  persons
  privileged  under  subdivision  5  of section 11-0707 of this article to
  take wildlife, other than  deer  and  bear,  as  if  they  held  hunting
  licenses.
    d. Only persons who possess a small and big game license, the big game
  license  portion  of  the  free  sportsman,  or  a sportsman or resident
  super-sportsman license are eligible for a bowhunting or  muzzle-loading
  stamp.
    e.  A  person under the age of twelve years is ineligible for a junior
  small game license.
    5. a. One-day and seven-day fishing licenses expire on the date stated
  on them.
    b. A fishing license issued without charge to a resident  as  formerly
  provided in subdivision 2 of section 11-0715, shall remain effective for
  the life of the licensee.
    c.  A  special antlerless deer license is effective during the special
  open season for which it is issued.
    d. All other licenses  and  stamps  defined  in  section  11-0701  are
  effective  for  a  license year beginning October 1 and ending September
  30.
    6. a. Except as provided in section 11-0707  and  section  11-0709  of
  this  article,  no  person  shall  (1) hunt wildlife, other than deer or
  bear, or take fish with a gun, unless such person holds and is  entitled
  to  exercise  the  privileges of a hunting, junior small game, small and
  big game, free sportsman,  sportsman  or  resident  super-sportsman,  or
  non-resident  super-sportsman  license;  (2)  hunt  antlerless deer in a
  special open season  therefor  pursuant  to  subdivision  6  of  section
  11-0903  of  this  article  unless  such person holds and is entitled to
  exercise the privileges of and has on his or her person while so hunting
  a  small  and  big  game,  big  game,  junior  archery  free  sportsman,
  sportsman,  resident  super-sportsman,  non-resident  super-sportsman or
  non-resident  bowhunting  or  muzzle-loading  license,  and  a   special
  antlerless  deer license; (3) take fish or frogs in the manner described
  in subdivision 4 of section 11-0701 of this article unless  such  person
  is  entitled  to  exercise the privileges of a fishing license; (4) trap
  wildlife unless such person holds a trapping license.
    b. Except as provided in section 11-0707 and section 11-0709  of  this
  article, no resident shall (1) hunt wild deer or bear unless such person
  holds  and  is  entitled  to  exercise the privileges of a small and big
  game,  junior  archery,   free   sportsman,   sportsman,   or   resident
  super-sportsman license, and meets the requirements of this article; (2)
  hunt wild deer or bear with a longbow in a special longbow season unless
  such  person holds and is entitled to exercise the privileges of a small
  and big game, junior archery, free  sportsman,  sportsman,  or  resident
  super-sportsman  license  with  a bowhunting stamp affixed and meets the
  requirements of this article; or (3) hunt  wild  deer  or  bear  with  a
  muzzle-loading firearm in a special muzzle-loading firearm season unless
  such  person  holds  a small and big game, free sportsman, sportsman, or
  resident super-sportsman license with a muzzle-loading stamp affixed and
  meets the requirements of this article.
    c. Except as provided in section 11-0707 and section 11-0709  of  this
  article,  no  non-resident  shall  (1) hunt wild deer unless such person
  holds and is entitled to exercise the privileges of a big  game,  junior
  archery,  non-resident  super-sportsman,  or  non-resident bowhunting or
  muzzle-loading license; (2) hunt wild deer with a longbow in  a  special
  longbow  season unless such person holds and is entitled to exercise the
  privileges of a non-resident super-sportsman,  non-resident  bowhunting,
  or  junior  archery  license;  (3)  hunt wild deer with a muzzle-loading
  firearm in a special muzzle-loading firearm season  unless  such  person
  holds  a  non-resident  super-sportsman  or  non-resident muzzle-loading
  license; (4) hunt wild bear unless such person holds  a  junior  archery
  license  or  a  non-resident  bear  tag  in  combination with one of the
  non-resident deer licenses listed in subparagraph 1,  2  or  3  of  this
  paragraph.

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