§ 11-0707. Exemptions from requirement of hunting, fishing and trapping

licenses.

1. Resident owners and lessees and members of their immediate
families, actually occupying and cultivating farm lands, on such farm
lands and the waters thereof, shall have the right,

a. to hunt wildlife except wild deer and bear,

b. to trap bobcat, coyote, fox, mink, muskrat, raccoon, opossum,
weasel, skunk, and unprotected wildlife that may lawfully be taken by
trapping (except that only the owner or lessee thereof may trap without
license on a registered muskrat marsh) and

c. to take fish and frogs, except that they may not take bait fish by
net or trap, all as if they held the licenses defined in section 11-0701
and required by section 11-0703, subdivision 6.

2. Minors under the age of sixteen may take fish and frogs as if they
held fishing licenses, except that they may not take bait fish by net or
trap.

3. Any person who is a patient at any facility in this state
maintained by the United States Veterans Health Administration or at any
hospital or sanitorium for treatment of tuberculosis maintained by the
state or any municipal corporation thereof or resident patient at any
institution of the department of Mental Hygiene, or resident patient at
the rehabilitation hospital of the department of Health, or any
incarcerated individual of a conservation work camp within the youth
rehabilitation facility of the department of corrections and community
supervision, or any incarcerated individual of a youth opportunity or
youth rehabilitation center within the Office of Children and Family
Services, any resident of a nursing home or residential health care
facility as defined in subdivisions two and three of section
twenty-eight hundred one of the public health law, or any staff member
or volunteer accompanying or assisting one or more residents of such
nursing home or residential health care facility on an outing authorized
by the administrator of such nursing home or residential health care
facility may take fish as if he or she held a fishing license, except
that he or she may not take bait fish by net or trap, if he or she has
on his or her person an authorization upon a form furnished by the
department containing such identifying information and data as may be
required by it, and signed by the superintendent or other head of such
facility, institution, hospital, sanitarium, nursing home, residential
health care facility or rest camp, as the case may be, or by a staff
physician thereat duly authorized so to do by the superintendent or
other head thereof. Such authorization with respect to incarcerated
individuals of said conservation work camps shall be limited to areas
under the care, custody and control of the department.

4. If persons holding fishing licenses issued under the New York Fish
and Wildlife Law are not required to have licenses issued by a state
named in paragraph a, b, c or d of this subdivision when fishing in that
part of the waters, specified in such paragraph, which lies within that
state, then, in such case, a person holding a fishing license issued by
such state may, without a fishing license issued under the New York
State Fish and Wildlife Law, take fish as provided in title 13, from
that part of such waters specified in paragraph a, b, c or d which lies
within this state:

a. License issued by Vermont: that part of Lake Champlain lying
between New York and Vermont;

b. License issued by Pennsylvania: that part of the Delaware River
lying between New York and Pennsylvania;

c. License issued by Connecticut: those parts of Indian Lake, and of
Samuel Bargh Reservoir (Mianus Reservoir) lying between New York and
Connecticut;

d. License issued by New Jersey: that part of Greenwood Lake lying
between New York and New Jersey.

7. The owner or lessee of a registered muskrat marsh may, without
license, trap muskrat, bobcat, coyote, fox, mink, raccoon, opossum,
weasel, skunk, and unprotected wildlife permitted to be taken by
trapping, on such registered muskrat marsh.

8. The enrolled members of an Indian tribe having a reservation
located wholly or partly within the state and such other Indians as are
permitted by the tribal government having jurisdiction over such
reservation may hunt, fish, trap upon such reservation subject only to
rules, regulations and fish and wildlife laws established by the
governing body of such reservation. Before fish and wildlife taken on
reservations by Indians shall be transported or possessed off the
reservation it shall be tagged for identification purposes in a manner
to be required by the governing body of such reservation. This
subdivision shall in no way limit or otherwise impair the existing
powers of any tribal government to regulate hunting, fishing and
trapping and/or to issue licenses for same.

9. A minor under the age of twelve may accompany and assist a licensed
trapper who is the minor's parent or legal guardian or who is a person
eighteen years of age or older designated in writing by the minor's
parent or legal guardian on a form prescribed by the department and such
parent, legal guardian or designee has had at least three years of
trapping experience. Such minor may assist the licensed adult in all
aspects of trapping without possessing a trapping license.