Section 11-0713. Procedure in issuing licenses

* 1.  a.  All  licenses,  stamps,  tags,  buttons, permits, and permit
  applications authorized by this title,  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,
    (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, 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 article for issuing clerks, 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
    d.  One-day 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.  One-day  fishing  licenses shall be issued to any such
  person following payment  of  ten  dollars  for  each  license.  One-day
  fishing  licenses  may be sold by the initial purchaser for no more than
  ten dollars as a license fee and 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.
    * NB Effective until October 1, 2009
    * 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.
    * NB Effective October 1, 2009
    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 card
  purchasers.
    * NB Effective until October 1, 2009
    * 5. The commissioner shall establish a toll-free telephone number  or
  a  dedicated number for use to purchase sporting licenses by credit card
  purchasers. 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.
    * NB Effective October 1, 2009