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Part 177: Sporting License Issuance and Use

Contents:

Sec.

§177.0 Purpose.

The purpose of this Part is to establish: the administrative procedures for the issuance and use of hunting, fishing and trapping licenses and the voluntary habitat stamp; the administrative procedures and requirements for reporting license sales and remitting license revenue by license issuing agents and license issuing officers; and the fee for the habitat stamp.

§177.1 Definitions.

(a) Commissioner means the Commissioner of Environmental Conservation.

(b) Department means the Department of Environmental Conservation.

(c) Domicile means that place where a person has his or her true, fixed and permanent home, and to which he or she intends to return even though he or she may actually reside elsewhere.

(d) Habitat stamp means and refers to the voluntary habitat stamp authorized by Section 11-0305 of the Environmental Conservation Law.

(e) License means any resident or nonresident license authorized by Section 11-0701 of the Environmental Conservation Law.

(f) License issuing agent means a municipal clerk.

(g) License issuing officer means a business authorized by the Department to issue licenses.

(h) Resident means a person whose domicile is within the New York State.

§177.2 Requirements for Purchasing Sporting Licenses.

Applicants for sporting licenses authorized under Section 11-0701 of the Environmental Conservation Law shall provide the following information to authorized license issuing agents/officers as proof of qualification for license privileges:

(a) Identification. Each applicant shall provide his/her name, address, date of birth, eye color and height as identifying information. The applicant may provide his/her telephone number and e-mail address on a voluntary basis.

(b) Proof of residence. Every applicant for a license defined in section 11-0701 of the Environmental Conservation Law, who claims to be a resident of the State for more than 30 days immediately preceding the date of application, shall furnish proof of such residence by submitting to the license issuing agent or license issuing officer, for examination, one or more of the following which shall serve to verify the residence claimed by the applicant during the preceding 30-day period:

(1) a New York State driver's license;

(2) a New York State non-driver's identification card issued by the New York State Department of Motor Vehicles;

(3) a New York State motor vehicle registration;

(4) an IT-201 or W-2 income tax form;

(5) a current voter registration card or a letter from the Board of Elections verifying that the applicant is currently registered to vote in New York State;

(6) a current pay stub or a letter from a current employer on company letterhead;

(7) a current lease within New York State in the applicant's name;

(8) in cases where religious constraints preclude the above forms of proof, a letter from the elders of the applicant's religious group certifying that the applicant has been a resident of New York State for more than 30 days immediately preceding the date of application;

(9) in the case of military applicants, a leave and earnings statement indicating New York State as the state of entry, or work orders assigning the military applicant to a tour of duty in New York State; and

(10) in the case of students, a current school identification card or a letter from the registrar indicating that the student is enrolled full-time for the current school year.

(c) Proof of age. Every applicant for a license defined in section 11-0701 of the Environmental Conservation Law shall provide his or her date of birth to the license issuing agent or officer. Applicants less than 16 years of age shall provide proof of age to be eligible for the purchase of junior license privileges. Applicants 16 years of age or older shall provide proof of age to be eligible for the purchase of their first sporting license. Applicants 65 years of age or older shall provide proof of age in order to be eligible for senior license privileges. Acceptable proofs of age include:

(1) applicant's birth certificate;

(2) any license, certificate or identity card issued by any governmental agency (Federal, local, State or foreign) which contains the applicant's age or date of birth; or

(3) an affidavit properly sworn and executed, subject to the penalty for making a false written statement in violation of section 210.45 of the Penal Law, by an applicant aged 16 years or more, or, in the case of an applicant under 16 years of age, an affidavit sworn and executed by the applicant' parent or guardian or other person over 18 years who has personal knowledge of the applicant's age.

(d) Proof of eligibility.

(1) In order to purchase a license listed in section 11-0701 of the Environmental Conservation Law which authorizes hunting or big game hunting, an applicant shall present one of the proofs of eligibility listed in paragraph (a) of subdivision (3) of section 11-0713 of the Environmental Conservation Law.

(2) In order to purchase a license listed in section 11-0701 of the Environmental Conservation Law which authorizes big game hunting with a bow, an applicant shall present one of the proofs of eligibility listed in subparagraph (1) of paragraph (b) of subdivision (3) of section 11-0713 of the Environmental Conservation Law.

(3) In order to purchase a license listed in section 11-0701 of the Environmental Conservation Law which authorizes trapping, an applicant shall present one of the proofs of eligibility listed in subparagraph (2) of paragraph (b) of subdivision (3) of section 11- 0713 of the Environmental Conservation Law.

(e) Miscellaneous proofs.

(1) A blind applicant who is applying for a free fishing license pursuant to section 11-0715 must present a letter from a physician or a letter issued by the Office of Children and Family Services verifying that the applicant's degree of visual impairment meets the requirements set forth in subdivision (2) of section 11-0715 of the Environmental Conservation Law.

(2) Resident applicants honorably discharged from service in the armed forces with a service-related disability that qualifies them for a $5 sportsman license must provide an annual letter from the Veteran's Administration certifying that their disability is 40 percent or greater and is service related.

(3) Native Americans who qualify for free licenses pursuant to subdivision (2) of section 11-0715 of the Environmental Conservation Law must present proof that they have Native American heritage and that they live on a reservation wholly or partly within New York State.

(4) Any nonresident of New York State who seeks to be issued a license defined in section 11-0701 of the Environmental Conservation Law at the resident fee, on the grounds that he or she is enrolled in a full-time course at a college or university within the State and is in residence in the State for the school year, as provided in such section 11- 0701, shall submit to the license issuing agent or officer for examination one of the following:

(i) a statement signed by the registrar or comparable official of such college or university that he or she is so enrolled and in residence; or

(ii) a student identification card valid during the license issuing year that carries the official seal of the college or university or the signature of the registrar or comparable official of such college or university.

§177.3 Issuing Procedures.

Persons and entities authorized to issue licenses pursuant to subdivision (2) of section 11-0713 of the Environmental Conservation Law shall adhere to the following procedures for issuing such licenses:

(a) Each license shall be issued in the name of the department on special preprinted license stock of the size, form and color as the department may determine.

(b) Each license shall identify the licensee by providing the licensee's name, address, date of birth, eye color, height and sex, and each license shall be signed by the licensee. Nothing in these regulations shall be construed as prohibiting the application for and issuance of licenses by mail, phone or internet.

(c) Each license shall contain the following information: the agent number, a unique transaction ID number, the time and date of sale, the type(s) of license purchased by the licensee, any permits purchased by the licensee, and the valid dates for those license types and permits.

(d) Each individual purchasing a license which allows hunting or big game hunting shall receive a back tag to be worn in accordance with subdivision (2) of section 11-0705 of the Environmental Conservation Law. Such tag shall be of the size, form and color as the department may determine and, when issued, shall bear the license number of the licensee in figures of at least one inch in height.

(e) Carcass tags. Carcass tags shall be of the size, form and color as the department may determine. Carcass tags shall be filled out and attached to the game taken as follows:

(1) Each individual purchasing a license which allows deer hunting shall receive one carcass tag for each deer that may be taken. When a deer is taken, the taker shall immediately fill out the carcass tag and attach it to the deer in accordance with section 11-0911, subdivision 1 of the Environmental Conservation Law. The taker shall provide information on the deer taken in accordance with reporting procedures in section 180.10 of this Title.

(2) Each individual purchasing a license which allows bear hunting shall receive one carcass tag for each bear that may be taken. When a bear is taken, the taker shall immediately fill out the bear tag and provide information on the bear taken in accordance with reporting procedures in section 180.10 of this Title.

(3) Each individual purchasing a turkey permit shall receive one carcass tag for each turkey that may be taken. When a turkey is taken, the taker shall immediately fill out the carcass tag and affix it to the turkey, in accordance with section 1.40 of this Title. The taker shall provide information on the turkey taken in accordance with procedures in section 180.10 of this Title.

(4) Each individual selected for a deer management permit shall receive one carcass tag for each deer management permit issued. When a deer is taken, the taker shall immediately fill out the carcass tag and attach it to the deer in accordance with section 1.21 of this Title. The taker shall provide information on the deer taken in accordance with reporting procedures in section 180.10 of this Title.

(f) Voided licenses. Misprinted licenses may be voided by the license issuing officer or agent if the license is returned to the point of sale by close of business on the date of issuance. A voided sale shall be credited to the license issuing officer's or agent's account. Voided licenses shall be submitted to the department by the officer or agent. After close of business on the date of issuance, a misprinted license may only be voided by applying directly to the department.

§177.4 Reporting of Sales and Disposition of Fees.

(a) The department shall provide each license issuing officer or agent with a daily sales report, which shall include a list of the day's transactions, total sales and commissions collected, and the net dollar amount due to the department for the day.

(b) License revenue due to the department shall be collected by electronic transfer of funds.

(1) License issuing agents. The department shall transmit to license issuing agents, by the 10th of each month, an account notice which summarizes license sales revenue for the previous month, less the agent commission. Each month, license issuing agents shall deposit the license sales revenue due the department into a designated bank account for electronic transfer of funds according to the following schedule:

(i) For license issuing agents in counties falling alphabetically between and including Albany through Franklin Counties, funds shall be deposited so that they are available for withdrawal by the department at the commencement of the banking business day on the 14th of the month.

(ii) For license issuing agents in counties falling alphabetically between and including Fulton through Oswego Counties, funds shall be deposited so that they are available for withdrawal by the department at the commencement of the banking business day on the 15th of the month.

(iii) For license issuing agents in counties falling alphabetically between and including Otsego through Yates Counties, funds shall be deposited so that they are available for withdrawal by the department at the commencement of the banking business day on the 16th of the month.

(2) License issuing officers. The department shall transmit to license issuing officers, on a weekly basis, an account notice which summarizes license sales revenue for the previous week, less the agent commission. License issuing officers shall deposit the license sales revenue due the department into a designated bank account for electronic transfer of funds so that they are available for withdrawal by the department within 72 hours of receiving an account notice.

(c) No employee of the department shall be entitled to any fee or payment for any expense incurred in the issuance of any license or permit.

§177.5 Habitat Stamp Fee.

The fee for the habitat stamp shall be $5. One dollar shall be retained by the license issuing agent as commission, and $4 shall be deposited in the habitat account authorized by subdivision (h) of section 83 of the State Finance Law.