2013 New York Consolidated Laws
ENV - Environmental Conservation
Article 11 - FISH AND WILDLIFE
Title 9 - (11-0901 - 11-0931) HUNTING
11-0901 - Prohibitions.

 
  § 11-0901. Prohibitions.
    1.  No  person  while  in or on a motor vehicle, as defined in section
  11-0931 of this chapter, shall take wildlife other than  migratory  game
  birds, or use any lights on any such vehicle for such purpose.
    2.  Wildlife  shall not be taken on or from any public highway, except
  that in the forest preserve counties it may be taken from highways other
  than state, county or town highways.
    3. a. Migratory game  birds  shall  be  taken  only  as  permitted  by
  regulations of the department adopted pursuant to section 11-0307.
    b. Wild deer and bear shall not be taken except by gun or by long bow.
  Where  an open season, set forth in the table of open seasons in section
  11-0907 or otherwise established by  law  or  fixed  by  regulation,  is
  specified  as an open season for taking such game by shotgun or long bow
  only, or is specified as an open season for taking such game by long bow
  only, they shall not be taken except as so specified.
    c. Wild small game and wild upland game birds shall be taken  only  by
  longbow or gun, or by the use of raptors as provided in title 10 of this
  article, except that:
    (1) skunk, raccoon, bobcat, coyote, fox, mink and muskrat may be taken
  in  any manner not prohibited in this section or in title 11 of the Fish
  and Wildlife Law, and
    (2) frogs may also be taken by spearing, catching with the  hands,  or
  by the use of a club or hook.
    d.  Muskrat  shall not be taken by the use of a spear and shall not be
  taken by shooting except that until the state of Vermont shall  prohibit
  taking of muskrats on Lake Champlain by shooting, muskrats may be taken,
  by  shooting  with a firearm not larger than twenty-two caliber, on Lake
  Champlain, exclusive of the tributary streams flowing  into  such  lake.
  Possession  of pierced or stabbed muskrats shall be presumptive evidence
  that they were unlawfully taken. Wild mink shall not be taken by the use
  of firearms in the Northern Zone nor elsewhere within the state  with  a
  firearm larger than twenty-two caliber. Skunk, raccoon, bobcat, mink and
  muskrat  shall  not  be  taken  by  the  use of smoke, chemicals, gas or
  poison. Beaver, fisher and otter shall not be hunted.
    e. Wild pheasant shall be taken only by shotgun or long bow, or by the
  use of raptors as provided in title 10  of  this  article.    Except  as
  specifically authorized by regulation of the department adopted pursuant
  to section 11-1007 or whenever the department determines that the taking
  of  hen  pheasants  will result in better pheasant management and not be
  detrimental to the natural propagation of such pheasants, only male wild
  pheasants shall be taken.
    f. No wildlife shall be taken with an arrow with an explosive head  or
  shaft,  or  with  an  arrow, dart or any device, propelled by any means,
  that is used for the purpose of injecting or delivering any type of drug
  into the blood system of such wildlife. Nothing in this paragraph  shall
  be  construed  as  prohibiting  a  wildlife biologist or employee of the
  department or anyone acting under a license  from  the  department  from
  using  any method to take wildlife if he is doing so within the scope of
  his employment for the department, or pursuant to the license issued  by
  the department.
    g.  Wildlife  shall  not be taken by the use of a cross-bow, by a long
  bow drawn, pulled,  released,  or  held  in  a  drawn  position  by  any
  mechanical  device  attached  to  a  portion  of  the bow other than the
  bowstring, or by the use of a device commonly called a spear gun.
    4. a. Wild deer and bear shall not be taken in water.
    b. No person shall hunt deer:
    (1) with the aid of a dog, or aircraft of any kind; or

    (2) with the aid of a jacklight, spotlight, headlight or other type of
  artificial light; or
    (3) with a pistol, revolver or rifle using rim-fire ammunition; or
    (4)  with  a  shotgun  of less than twenty gauge or loaded with shells
  other than shells each carrying a single round ball or  a  single  slug,
  provided  however, the use of a shotgun of twenty gauge or larger having
  a rifled barrel or a smooth bore barrel  fitted  with  a  rifled  choke,
  loaded  with  shells each carrying a single round ball or a single slug,
  shall not be prohibited so long as only  shells  having  a  non-metallic
  case, except for the base, are used; or
    (5)  with  a bow other than a long bow with a draw weight in excess of
  thirty-five pounds; or
    (6)  with  an  arrow  with  an  arrowhead  that  measures  less   than
  seven-eighths  of an inch at its widest point or that has fewer than two
  sharp cutting edges; or
    (7) with the aid of a pre-established bait pile other than those areas
  established by standard agricultural production practices; or
    (8) with an arrow with a barbed broadhead arrowhead.
    c. No person shall hunt bear:
    (1) with the aid of a dog, or aircraft of any kind; or
    (2) with the aid of a jacklight, spotlight, headlight or other type of
  artificial light; or
    (3) with a pistol, revolver or rifle using rim-fire ammunition; or
    (4) with a shotgun of less than twenty gauge  or  loaded  with  shells
  other  than  shells  each carrying a single round ball or a single slug,
  provided however, the use of a shotgun of twenty gauge or larger  having
  a  rifled  barrel  or  a  smooth bore barrel fitted with a rifled choke,
  loaded with shells each carrying a single round ball or a  single  slug,
  shall  not  be  prohibited  so long as only shells having a non-metallic
  case, except for the base, are used; or
    (5) with a bow other than a long bow with a draw weight in  excess  of
  thirty-five pounds; or
    (6)   with  an  arrow  with  an  arrowhead  that  measures  less  than
  seven-eighths of an inch at its widest point or that has fewer than  two
  sharp cutting edges; or
    (7) with the aid of a pre-established bait pile other than those areas
  established by standard agricultural production practices; or
    (8) with an arrow with a barbed broadhead arrowhead.
    d.  The  use  upon  land  inhabited  by  deer  or bear of a jacklight,
  spotlight or other type of artificial light by any person who is  or  is
  accompanied  by  a person who is in possession, at the time of such use,
  of a long bow, a crossbow or firearm of any kind, shall  be  presumptive
  evidence  that  such person is hunting deer or bear with the aid of such
  light, in violation of this subdivision, unless:
    (1) such long bow is unstrung, or such a firearm  is  taken  down,  or
  securely fastened in a case, or locked in the trunk of a vehicle, or
    (2) the firearm is a pistol or revolver, or
    (3)  the  firearm  is  not  in  or  on  a motor vehicle and is a rifle
  designed or adapted for use  of  rim-fire  ammunition  and  neither  the
  person in possession of the gun, nor any member of his party, has in his
  possession  any  twenty-two  caliber  ammunition  other  than twenty-two
  caliber rim-fire ammunition, or
    (4) the firearm is not in or on a motor vehicle and is a  shotgun  and
  neither  the  person  in  possession  of  the gun, nor any member of his
  party, has in his possession ammunition other than  shells  loaded  with
  scatter shot of size number four or smaller.
    e.  (1)  No  person  shall use a jacklight, spotlight or other type of
  artificial light upon lands  inhabited  by  deer  or  bear  within  five

  hundred  feet  from  a  dwelling  house, farm building or farm structure
  actually occupied or  used,  for  the  purpose  of  locating,  spotting,
  harrying, worrying or otherwise disturbing deer or bear.
    (2)  The  prohibition  contained in subparagraph one of this paragraph
  shall not apply to (i) the owner or lessee of  the  dwelling  house,  or
  members  of  his  immediate  family residing therein, or a person in his
  employ, or the guest of the owner or lessee of the dwelling house acting
  with the consent of said owner or lessee; provided however, that nothing
  herein shall be deemed to authorize such persons  to  use  a  jacklight,
  spotlight  or  other  type  of artificial light within five hundred feet
  from any other dwelling house, farm building or farm structure  actually
  occupied  or  used,  for  the  purpose  of locating, spotting, harrying,
  worrying or otherwise disturbing deer or bear or (ii) the authorized use
  of  a  spotlight  or  other  artificial  light  regularly  operated  and
  maintained  by a police department or other law enforcement agency or by
  any local or state  department  or  agency  duly  authorized  to  render
  services for the protection of life and property.
    5.  a.  Varying  hares  shall  not  be  taken  by  the use of ferrets,
  fitch-ferrets or fitch.
    b. Cottontail rabbits shall not  be  taken  by  the  use  of  ferrets,
  fitch-ferrets  or fitch unless permitted by regulation of the department
  or unless a permit for such taking has  first  been  obtained  from  the
  department.
    c.  The  possession afield of ferrets, fitch-ferrets or fitch shall be
  presumptive evidence of their illegal use.
    d. The department may adopt regulations specifying towns  or  counties
  in  which ferrets, fitch-ferrets or fitch may be used to take cottontail
  rabbits. Whenever cottontail rabbits are injuring property  on  occupied
  lands,  the  department,  on  request  of  the owner or occupant of such
  lands, may issue a permit to use ferrets, fitch-ferrets or fitch to take
  them if it is satisfied there exists sufficient damage  to  warrant  its
  issuance.
    6.  Skunks  shall not be taken from holes or dens by digging or by the
  aid of dogs.
    7. Raccoons shall not be taken from dens or houses or by  cutting  den
  trees.
    8.  Traps shall not be used except as permitted in title 5 or title 11
  of the Fish and Wildlife Law.
    9. No protected wild bird for which no open season is  established  by
  law or fixed by regulation shall be taken.
    10.  No  wild game shall be taken except in an open season established
  by law as provided in section 11-0905, 11-0907 or 11-1103  or  fixed  by
  regulation  as provided in section 11-0903, or in section 11-0307 in the
  case of migratory game birds, or in section 11-1103, in  the  areas  for
  which  such  open seasons are established or fixed, and during the hours
  permitted for such taking; nor shall any wild game be taken in excess of
  bag limits specified in section 11-0905 or section 11-0907, or fixed  by
  regulation as provided in section 11-0903 or section 11-0307.
    11.  No  long  bow  equipped with a mechanical device which is used to
  draw, hold or release the bow string or arrow and which is attached to a
  portion of the bow other than the bow string  may  be  used  or  carried
  afield. The shooting of a long bow shall only be accomplished by holding
  the  bow  at  arm's  length,  with  arrow on the string, and may only be
  drawn, pulled or released by hand.
    12. Upland game birds shall not be taken with the aid of baiting or on
  or over any baited area.
    * 13. Persons engaged in hunting deer and/or bear with a longbow  must
  possess   a   current   bowhunting  stamp  or  a  valid  certificate  of

  qualification in responsible bowhunting practices issued or  honored  by
  the department.
    * NB Effective until February 1, 2014
    * 13.  Persons engaged in hunting deer and/or bear with a longbow must
  possess a  current  bowhunting  privilege  or  a  valid  certificate  of
  qualification  in  responsible bowhunting practices issued or honored by
  the department.
    * NB Effective February 1, 2014
    14. This section does not:
    a. restrict the authority of any special permit or license  issued  by
  the department;
    b.  limit  title  11  or  provisions  of title 3, title 5, or title 19
  authorizing taking of wildlife;
    c. limit prohibitions set forth in any other section of the  Fish  and
  Wildlife Law.
    15.  Notwithstanding  any  inconsistent provision of this section, the
  department may issue a permit to take big game or small game by the  use
  of a bow equipped with a mechanical device for holding and releasing the
  bowstring,  attached to the handle section of an otherwise legal bow, to
  any person who  is  permanently  physically  incapable  of  drawing  and
  holding  a  bow because of a physical handicap or disability, subject to
  such restrictions as the department may deem necessary in  the  interest
  of public safety.
    16.  Notwithstanding  any  inconsistent provision of this section, the
  department may issue to a physically disabled person a  permit  to  take
  big  game  or  small  game  by  the  use of a cross-bow equipped with an
  apparatus permitting release of the bowstring by means of such  person's
  discharge  of  breath. For the purposes of this subdivision, "physically
  disabled person" shall mean any person who submits to the  department  a
  statement  of  a  physician  duly  licensed to practice medicine in this
  state that such  person  is  permanently  physically  incapable  of  arm
  movement   sufficient  to  release  a  pre-drawn  bow  authorized  under
  subdivision fifteen of this section.