§ 11-0713. Procedure in issuing licenses.

1. a. All licenses, bowhunting privileges, muzzle-loading privileges,
tags, permits, registrations, 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 or
registrations,

(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 or registrations, 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 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 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 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.

2. The issuing officer shall not issue a hunting license or bowhunting
privilege or muzzle-loading privilege to a person between the ages of
twelve and sixteen years unless, at the time of issuance, the 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 or
her 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 paragraph b of this subdivision,
the issuing officer shall not issue a license, privilege, tag, 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 bow hunting privilege to
any person unless the applicant presents a hunting license issued to
that person for the corresponding license year and a New York state
license which authorizes the holder to exercise the privilege of hunting
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 or
her previously, an affidavit as provided in subparagraph 2 of paragraph
a of this subdivision or a certificate of qualification in responsible
trapping practices.

(3) The issuing officer shall not issue a muzzle-loading privilege to
any person unless the applicant presents a hunting license issued to
that person for the corresponding license year and such person is at
least fourteen years old.

c. 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 privilege 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
privilege 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 tag issued with
such a license or privilege may apply to any license issuing officer for
a duplicate and the department shall issue a duplicate tag when
satisfied that the application is made in good faith.

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. 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.

6. The department shall require training in the safe use of hunting
with a crossbow and safe hunting practices in the basic hunter education
course required for all new hunters. All persons who have completed
hunter education and who have not certified their completion of a safety
course which includes crossbow hunting training prior to April first,
two thousand fourteen shall complete an online or other training program
approved by the department prior to using a crossbow to hunt.

7. The commissioner shall ensure that space is provided on any form
for application or renewal of a license issued pursuant to this title so
that the applicant shall register or decline registration in the donate
life registry for organ, eye and tissue donations pursuant to section
forty-three hundred ten of the public health law and that the following
is stated on the form in clear and conspicuous type:

"You must fill out the following section: Would you like to be added
to the Donate Life Registry? Check box for 'yes' or 'skip this
question'."

The commissioner of health shall not maintain records of any person
who checks "skip this question". Except where the application is made in
person or electronically, failure to check a box shall not impair the
validity of an application, and failure to check "yes" or checking "skip
this question" shall not be construed to imply a wish not to donate. In
the case of an applicant under eighteen years of age, checking "yes"
shall not constitute consent to make an anatomical gift or registration
in the donate life registry, except as otherwise provided pursuant to
the provisions of paragraph (b) of subdivision one of section
forty-three hundred one of the public health law. Where an applicant has
previously consented to make an anatomical gift or registered in the
donate life registry, checking "skip this question" or failing to check
a box shall not impair that consent or registration.