Law Enforcement FAQs
This page contains answers to the most frequently asked questions about Law Enforcement at DEC.
License Issues
Sportsmen Education
Question: Where can I take a Hunter Safety course?
Answer: Call the Sportsmen Education Office at your local New York State Department of Environmental Conservation (NYSDEC) regional office for a recording of all the local courses being offered or check the NYSDEC web site at www.dec.state.ny.us
Age
Question: At what age can an individual hunt?
Answer: 12 years old for a small game license including turkey. 14 years old for archery big game and 16 years old for regular big game.
Question: At what age does an individual need a fishing license?
Answer: 16 years and older.
Lost tags/License/Hunter Safety Certificate
Question: What do I do if I lose my wallet containing my hunting, fishing or trapping license?
Answer: If you lose your hunting, fishing or trapping license, you may go to any license issuing outlet to have it replaced. This also applies for lost carcass tags.
Question: I lost my back tag holder and all of my back tags, what do I do?
Answer: Lost back tags (the small numbered portion only) may be replaced free by any license issuing agent, or you may write the number on an index card.
Question: I took my hunter training course a few years ago and I can't find an old hunting license or a copy of my training certificate. Is there anything I can do to get a copy of an old hunting license?
Answer: DEC keeps computer records of all licenses sold after September 2002. If your last license was obtained before that date, the person who sold the license may have a record of it. License issuing agents are required to keep copies of previous years hunting licenses for one year. Town clerks keep records for two years. Some town clerks keep records longer. An affidavit from a person who sold licenses who swears they sold the applicant a hunting license in the past is also proof of eligibility. See a license issuing agent for details.
If no record of a previous license is on file, applicants can use a hunter education certificate as proof of eligibility. If you took your hunter education course in 1980 or later, license issuing agents may have a record of this on file. If it is not on file, you may contact the person who taught the course, or the NYSDEC sportsmen education program in Albany, telephone 1-888-HUNT ED 2 (1-888-486-8332) and ask for help locating a record of the course.
Carry Requirements
Question: Am I required to carry my hunting or fishing license on my person while engaged in these activities?
Answer: You must have your license on your person while exercising any privilege of that license. You are required to exhibit it on demand to any police officer, peace officer or owner, lessee or person in control of the lands or waters or the designees of the owner, lessee or person in control of the lands or waters on which the license holder is present.
Question: Will I get a ticket for carrying my license/tags in the holder on my back?
Answer: The Environmental Conservation Law requires hunters outside of the Northern Zone and the Catskill Park to wear the numbered license tag (Back Tag) issued with their license, displayed in the middle of their back. There is no requirement that anything else be displayed, nor is there a prohibition against the display of anything else except for an expired license tag. Environmental Conservation Officers will allow hunters in the field to use a reasonable facsimile of a tag to continue a hunt when the original is lost. However, carrying your license or carcass tags in the back tag holder is not recommended because a significant number of licenses and carcass tags are lost each year along with the back tag hold. For that reason, the DEC strongly recommends that licenses and carcass tags be carried in secure interior pockets, safe from loss.
Firearms
Legal Hunting Implements
Question: What legal hunting implements may I use and what number shot is legal to hunt turkeys?
Answer: You may use a bow or any size shotgun. You may not use a rifle or handgun. If you are using a shotgun the shot size can not be larger than # 2 or smaller than # 8.
Question: What legal hunting implements may I use and what type of shot is legal to hunt migratory waterfowl?
Answer: You can use an shotgun 10 gauge or smaller. The shotgun can only be capable of holding 3 shells at a time. It may be "Plugged" to reduce its shell holding capacity to 3 shells. Only approved types of nontoxic shot maybe used.
Loaded Guns, Discharge Distances, Lights, and Guns
Question: How far from a building do I have to be to discharge my firearm?
Answer: You cannot discharge a firearm or bow within 500 feet of any school, playground, occupied factory or church. You cannot discharge a firearm or bow within 500 feet of a dwelling, farm building, or structure unless you own it, lease it, are an immediate member of the family, an employee, or have the owner's consent. This does not apply to the discharge of a shotgun over water when hunting migratory game birds and no dwelling, public structure, livestock, or person is in the line of fire.
Question: How far off the highway must I be before I can discharge my firearm or longbow?
Answer: The Environmental Conservation Law prohibits you from discharging the firearm or longbow in such a manner that the arrow, bullet or load of shot passes over any portion of the highway. In order to safely meet this requirement, you need to be on the field side of the ditch, fence line or other obvious line of demarcation separating the maintained highway right of way and the adjacent property on which you are attempting to take game. You must also discharge the longbow or firearm away from the highway.
Question: I have been hunting in a rural area and have returned to the road. Can I walk down the road with my firearm loaded?
Answer: Yes. The Environmental Conservation Law does not prohibit you from possessing a loaded firearm while afoot in the highway right of way. However, you may not discharge a firearm or longbow from the highway or in such a manner that the arrow, bullet or load of shot passes over any portion of the highway.
Question: Can I use a light at night to look for "spotlight" deer from my car?
Answer: It is legal in New York to use artificial light to spot deer as long as: Firearms not possessed pursuant to a handgun permit are locked in the trunk, secured in a case, or broken down. This includes compound/long and crossbows . You are not operating an artificial light within 500' of a dwelling without consent of the owner/lessee.
Question: How do I get a license to carry a shotgun in NYC?
Answer: In order to possess a rifle or shotgun in NYC, a permit must be obtained from the NYC Firearms Control Board, 120-55 Queens Blvd., Queens. (718) 520-9300. This is required even if the individual has a hunting license or handgun permit.
Handgun
Question: Can I carry my handgun while hunting?
Answer: Yes, providing the barrel length is less than 16 inches and you are a New York State resident with a valid New York State pistol permit. However; you cannot carry one if you are archery or muzzleloader hunting during those special seasons.
Question: What is the minimum and maximum handgun barrel length that is allowed when using a handgun to hunt big game in areas where the use of a pistol is legal?
Answer: Maximum legal barrel length is 16 inches. There is no minimum barrel length. Autoloading pistols must have a barrel length of less than 8 inches. Any center-fire caliber is legal when hunting big game with a handgun.
Question: I hold a New York State Pistol Permit, can I carry my pistol while bow hunting or muzzleloader hunting?
Answer: No, even though you possess a valid pistol permit to carry the pistol, the Environmental Conservation Law (ECL) states the following: No person engaged in hunting deer or bear pursuant to a bowhunting stamp or muzzleloader stamp and no person accompanying him or a member of his party, while he is so engaged in hunting during a special longbow or muzzleloader season, shall have in his possession a firearm of any kind. A pistol is defined as a firearm in the Environmental Conservation Law and possession is not allowed afield with or near a person while they are engaged in hunting pursuant to the special bow or muzzleloader season.
Question: Can I carry my licensed pistol while bow or muzzleloader hunting if I am a Peace or Police officer?
Answer: Environmental Conservation Law states that "No person" can carry a firearm of "any kind" while hunting under the authority of a bow-stamp or muzzleloader stamp. There is no provision under this section of law which exempts police or peace officers. The answer is NO.
Question: Can I carry a handgun while archery hunting during the regular big game season?
Answer: Yes. You may not however, carry a firearm while archery hunting during a special archery season.
Muzzle Loader
Question: Can I use a scope on a muzzle loader?
Answer: It is legal to use an optical sight on a muzzleloader during the special muzzleloader season. It is legal if you are using the muzzleloader to hunt during the regular firearm season.
Question: Can I use the Fiber Optic sights on my Muzzleloader?
Answer: Yes Fiber optic sights can be used at any time.
Question: Are "in-line" muzzleloaders legal implements during the muzzle loading season? Answer: Yes.
Question: Are double barrel muzzleloaders legal to use during the muzzle loading season? Answer: No. Only a muzzle loader capable of firing a single projectile is legal to use.
Question: If I'm transporting my muzzleloader in a motor vehicle, do I have to remove the charge from the barrel?
Answer: No. However, you do have to remove the priming cap/priming powder/primer from the firearm.
Question: Can a convicted felon hunt with a bow or muzzleloader?
Answer: A convicted felon can hunt with a bow. To hunt with a muzzleloader contact your local District Attorney.
Question: Is it legal to use a bow or muzzleloader during the regular northern zone "rifle" season or southern zone "shotgun" season?
Answer: You may use a bow or muzzleloader during the regular big game season. However, if using a bow, you must have completed the bowhunter training course and carry with you during the hunt either a valid bow stamp or the bowhunter training course certificate.
Hunting
General
Question: What are the legal hunting hours?
Answer: Legal hunting hours vary by species being hunted. Check the hunting guide that you received when you purchased your license for specific legal hunting hours. As a general rule Sunrise to sunset would be the legal hunting hours for most species. Turkey hunting hours vary according to season, ½ hour before sunrise to 12 noon during the spring, sunrise to sunset during the fall. Migratory waterfowl are from ½ hour before sunrise to sunset. Some furbearers can be hunted 24 hours a day while in season.
Question: I have to submit for my vacation one year in advance. Is there some way I can determine when the regular big game season will begin next year?
Answer: Yes. The season dates for the following year are now published in the hunting guide. However, there is a formula in the Environmental Conservation Law (ECL) that determines these dates. For the Northern Zone, the regular big game season is the "next to last Saturday in October through the first Sunday in December". For the Southern Zone, the regular big game season is "the first Monday after November 15th through the first Tuesday after December 7".
Question: Is it legal to put out apples or grain to feed deer?
Answer: No, it is not legal to feed deer. Concern for the potential introduction and transmission of Chronic Wasting Disease in our deer population has resulted in a complete prohibition of all deer feeding activities.
Question: Can I use bait for hunting?
Answer: It is illegal to hunt with the aid of bait, or on or over any baited area when hunting big game, upland game birds, turkeys or waterfowl. NOTE: There are many products on the market that can legally be sold, but are illegal to hunt over. If the product is meant to be eaten by the animal it is considered a bait and would be illegal to hunt over. Any product containing salt would be prohibited to hunt deer over.
Question: May I take my young child or any other person without a hunting license with me while I am hunting?
Answer: Yes, and I highly recommend it! Just make sure the child or unlicensed person is not hunting or taking part in any aspect of the hunt (i.e. driving game to you). Bring an extra pair of binoculars and plenty of snacks and have a good time!
Question: Are walkie-talkies legal while I am hunting in the woods?
Answer: Yes, walkie-talkies are legal while hunting.
Age Requirements
Question: Who may a 12-year old child hunt small game with legally?
Answer: 12 and 13 year-old youngsters who have an appropriate hunting license may be supervised while hunting by a parent, legal guardian or relative over 21. The relative would need written permission from the parent or legal guardian. Any of these individuals accompanying the child would also need a current hunting license.
Question: Who may a 14-year old child hunt small game with legally?
Answer: 14 and 15-year old youngsters may be supervised while hunting by a parent, legal guardian or person over 18. If other than the parent or legal guardian, the person over 18 would need written permission from the parent or legal guardian. Any of these individuals accompanying the child would also need a current hunting license.
Question: Who may a 14-year old hunt big game with and what type of license does he/she need?
Answer: 14 and 15-year old youngsters may hunt big game during the special archery season pursuant to a Junior Archery license, and during the regular season with bow only, while accompanied by a parent, legal guardian or an adult over 18. If other than the parent or guardian, the person over 18 would need written permission from the parent or legal guardian. The person accompanying the child must have a current bow hunting license and one year's experience.
Question: My son is fourteen years old and has a small game hunting license. May he accompany me in the woods while I am hunting big game?
Answer: As long as he does not actively participate in the big game hunt, including driving, he may hunt small game while accompany you in the woods while you are hunting big game.
Tagging Questions
Question: When do I have to tag my deer?
Answer: You must fill in all information in indelible ink on the carcass tag and call in card. The month and date must also be cut or marked in ink on the margin of
the carcass tag. The tag does not have to be physically attached to the carcass until you reach your vehicle or camp.
Question: I have taken a deer. I would like to take the deer carcass to a meat processor and the head to a taxidermist. What part of the deer does the carcass tag go on? What do I legally need to attach to the other part?
Answer: The carcass tag must remain with the carcass of the deer. Evidence of the sex of the deer must not be destroyed and a tag listing the name and address of the taxidermist handling the head must be attached to the carcass.
Requirements for the head are as follows: You must create an additional tag to be attached to the head of the deer. This tag must have your signature, address and license number, the name and address of the taxidermist, and the number of points on each antler if it is a male deer.
Archery
Question: Can I take a deer of either sex during the special archery season?
Answer:Yes if you purchased only archery season privileges with your license, you will have received an Either Sex Deer Tag that is valid for taking any deer during the special archery seasons only. If you purchased a Super Sportsman or Conservation Legacy License, you also received an Antlerless Only Deer Tag which is valid only during the special seasons for taking an antlerless deer with either a longbow or a muzzleloader. You may also use your WMU specific Deer Management Permits (DMPs) in Southern Zone Units starting on October 15th.
Question: I am a bowhunter. May I use my bow during regular big game season?
Answer: Yes, you may use a bow, but you would only be allowed to take bucks during regular big game season. Additionally, you must possess a valid big game tag and hunting license and either a current bowhunting stamp or valid bowhunter education course certificate.
Fishing
General
Question: How do I use the fishing regulation guide book that I received when I purchased my license to determine the fish size and creel limits?
Answer: The information is located in two areas of the booklet. The general fishing regulations are located in the front of the booklet and appear in a table by fish species. There are also sections which contain regulations governing the Great Lakes, Finger Lakes and water bodies that border neighboring states. Once you have looked at these regulations you need to review any special regulations which may be specific to the body of water that you would like to fish. These special regulations are listed by Region, then County and then body of water. These specific regulations would supersede the general regulations.
Question: Where can I find regulations for the local lakes and streams in my area? Answer: Any regulation specific to only one body of water can be found in the NYSDEC Fishing guide book that you receive when you buy your fishing license. These special regulations are listed by Region, then County and then by body of water within the County. If there is no special regulation listed then the general angling regulations would apply.
Question: Where can I go fishing?
Answer: Generally, fishing is allowed in any water where access can be obtained legally. Fishing access is often obtained from publicly owned lands, public fishing access sites or public boat launches. Legal access is also commonly obtained by permission or payment of a fee to private landowners or marinas.
Question: Can fishermen walk down a stream and fish if they don't have the adjacent landowner's permission as long as they stay in the water?
Answer: This question does not have one answer that fits all situations. In some cases, as with ponds and lakes, a landowner may hold title only to the shoreline. In others, the owner may in fact own the stream bad or lake bed and may be able to legally prohibit all access and uses except navigation by boat through the waterway. It may be necessary to research the deed for a piece of property to determine the owner's rights. The best starting point is always to seek permission to avoid unpleasant confrontations.
Question: Do I need a fishing license to fish the Hudson River?
Answer: You do not need a fishing license when fishing in the waters of the Marine District or in the Hudson River south of the Troy Barrier Dam. You do however, need a license to fish the tributaries of the Hudson River.
Question: I plan a fishing trip to Lake Ontario and the Salmon River each year. Is there someone I can call to find out when the fish are "in"?
Answer: Yes. In the fishing guide you will find a listing of the "FISHING HOTLINES" for several areas of the State. You may also call the regional fisheries' office that covers the area you are planning to go to.
Question: How many fishing rods may I use?
Answer: An angler may operate no more than two lines, with or without a rod, and each line is limited to five lures or baits. In addition each line shall not have more than fifteen hook points. This regulation does not apply when fishing in the marine and coastal district.
Reservoirs
Question: Do I need an additional license to fish in NY City Reservoirs besides a NY State fishing license?
Answer: Yes. You need a NYC reservoir permit.
Question: Where do I get a reservoir permit?
Answer: 1250 Broadway & 32nd Street, 8th Floor, NY, NY Phone: 212-643-2201
Posted Property/Trespass
Posting Requirements
Question: What is the required distance between "POSTED" signs?
Answer: Signs can be no more than 660 feet apart. The signs should, however, be placed close enough together to be seen and at a height that is easily visible. Posted signs must have the name and address of the person authorized to post the property. Each side of all corners of the property must be marked with posted signs, so that corners can be reasonably ascertained.
Question: Can I be arrested for trespass if I didn't see any posted signs?
Answer: Yes. The New York State Penal Law makes it an offense to enter any land without permission unless it is apparently unimproved and unused. The posting of signs is a tool found in the Environmental Conservation Law that landowners can use to make their wishes plainly known to those who seek to use their land. The posting law specifies the maximum distance between signs (660 ft.), the minimum size of the signs (11 inches square) and the area covered by the printing (80 sq. inches.). There is no requirement that signs be "seen," and in fact, the land is still posted for a period of one year even if the signs are illegally removed by unauthorized persons the day they are put up. This illustrates the importance of seeking permission to enter private land, regardless of whether of not it is posted.
Question: If a property is not posted, does that mean I can hunt there?
Answer: Just because there are no signs does not necessarily mean you can hunt there. To be legally posted, the law requires it to be posted with signs and checked once a year by the person posting it. Perhaps the signs were torn down or fallen off due to deterioration a month before you arrive to hunt. Legally, it is still posted. There is also a general trespassing on improved lands written in the Penal Law. "Improved Lands" are any lands that have been altered in such a way by man so that they are not "wild." This can be (but is not limited to) mowing of grass/brush hogging, farming (i.e. plowing fields and growing crops), re-grading, etc. The best rule of thumb is to knock on some doors and talk with property owners. That way, it is clear if you are welcome on the property or not. That also shows common courtesy, and it also shows that you respect their rights as a property owner.
Question: If I shoot a deer and it runs onto posted property, do I have the legal right to go on the property to retrieve it?
Answer: No. the DEC recommends that hunters finding themselves in this predicament seek out the landowner, explain the situation, and ask permission. If the landowner refuses, the hunter will not be able to enter the property, and the DEC cannot compel a landowner to grant access. If the hunter has reason to believe that the landowner intends to illegally possess the deer, it should be reported to the nearest Environmental Conservation Officer. This situation illustrates the need for hunters to establish good landowner relations prior to going afield, and to take only good clean kill shots when hunting for any game.
Question: Where is a good place to hunt?
Answer: Your hunting license does not give you the right to trespass on private property. It is your responsibility to find out who the land owner is and ask their permission whether the property is posted or not. Land that is owned by the State of New York and managed by DEC (marked with DEC signs) is usually open to hunting. Look at pages 29 and 30 in this year's hunting guide. Investigate State held lands open to hunting at the NYSDEC web site at www.dec.state.ny.us
Injured, Nuisance, Rabid, or Endangered Wildlife
Rabid Animals
Question: Who do I call regarding a suspected rabid animal?
Answer: Rabies cases are handled by your local County Health Department. If someone has had actual physical contact with an animal suspected to be rabid, or if the suspected rabid animal had contact with a domestic animal, the suspect animal must be captured for testing. If you are unable to capture the animal yourself, you can call the NYS Environmental Conservation Police or your local or state police agency who can assist in capturing the suspect animal. If you have had contact with a suspected rabid animal, you should seek medical attention immediately.
Question: If I have a rabid, nuisance or injured wild animal in my yard can I shoot it with a firearm, even if I live in a municipality that prohibits a discharge of a firearm within its limits?
Answer: No, you cannot discharge a firearm within the boundaries of a municipality that prohibits the discharge of firearms. You should contact a licensed nuisance wildlife control agent or your local Environmental Conservation Police Officer or the State or Local police and ask for assistance.
Nuisance Animals
Question: Can my neighbor trap squirrels in his backyard?
Answer: The law allows that whenever black, gray, or fox squirrels are injuring property on occupied farms, lands or dwellings, they may be taken at any time in any manner, by the owner, occupant or by a person authorized in writing by the owner or occupant.
Question: "Can you please remove a raccoon from my property"?
Answer: The NY State Department of Environmental Conservation does not remove animals, but the department's Bureau of Wildlife can refer you to a licensed wildlife rehabilitator or you may check your local yellow pages for nuisance wildlife trappers. These licensed professionals will charge for their services.
Question: Does the DEC pay for repairs when a deer damages my car?
Answer: No, the repair of damage to a car from a car/deer accident is the responsibility of the vehicle owner. Generally automobile insurance will cover the cost of repairs for this kind of accident. The Environmental Conservation Law allows the owner of a vehicle damaged by collision with a deer, to keep the carcass for consumption or give it to a third party. The accident must be reported to a police agency within 24 hours and a permit obtained.
Injured Wildlife
Question: What do I do if I find an animal that has been injured.
Answer: Wildlife experts agree that an injured wild animal should be left where it is found. An injured or dying animal is food for other wildlife and although it may seem cruel it is part of the natural life cycle . If you feel as though you must help or the animal is an endangered or rare species, you should call the DEC Regional office or your local Environmental Conservation Police Officer. In most cases the injured animal will be placed under the care of a licensed Wildlife Rehabilitator until it is well enough to be released back into the wild.
Endangered Species
Question: How can I buy or sell an endangered species or an item made from the animal. Answer: Generally you must first obtain a permit issued by the New York State Department of Environmental Conservation. To obtain a permit, contact the Departments Bureau of Special Licenses in Albany. Generally to obtain a license you will need to submit proof that the animal or item was legally obtained or possessed prior to the species being listed as threatened or endangered by New York State or U.S. Fish and Wildlife Service.
Boats, ATVS, Snowmobiles
Boats
Question: At what age does a child no longer have to wear a life jacket?
Answer: All children under the age of 12 must wear an approved personal flotation device while the vessel is underway. There must be a U.S. Coast Guard approved flotation device for every person on board.
Question: Do I need to have U.S. Coast Guard flotation devices for every person while canoeing?
Answer: Yes.
Question: My canoe has an electric motor or small gasoline motor. Do I need to register it with the Department of Motor Vehicles?
Answer: Yes. Any mechanically powered vessel, including a canoe, must be registered with DMV and must display the registration numbers.
ATV
Question: Does my ATV need to be registered and do I need to have insurance?
Answer: Yes, your ATV must be registered regardless of where you operate it. Additionally, you must carry with you proof of insurance whenever you are operating your ATV off of your own property.
Question: Where can I ride my new ATV?
Answer: Only on your own property as long as the ATV is registered, or on other property with written permission provided the ATV is registered and insured and is outfitted with all proper equipment.
Question: Can I operate my ATV on State lands or on State truck trails?
Answer: No. Off road travel of motor vehicles is not allowed on State lands. The definition of "highways" in the Vehicle and Traffic Law includes State truck trails. The Vehicle and Traffic Law prohibits the operation of ATV's on highways.
Environmental Quality
Solid Waste and Open Burning
Question: Is it legal to burn my trash and garbage at home?
Answer: The burning of garbage (food waste) is prohibited. You may not open burn any materials, including leaves, within the limits of an incorporated village or city. If the total population of the town you live in is less than twenty thousand people, and you do not live within a "fire town" a resident of a single family dwelling not connected to a business may burn other trash without a special burning permit. However, if the burning process produces odors and smoke that are bothersome to other people in the area, you may then be in violation of Environmental Conservation Law. If you have a need to burn something for disposal, you should contact your local DEC office and speak with a Forest Ranger or an Air Resources engineer to see if you need to apply for a permit. You should also check with your local zoning office to see if they have any regulations regarding open burning. No open burning may be done by a business or commercial establishment regardless of its location without first obtaining a permit.
Question: Where is it legal to dump construction debris?
Answer: Only at a licensed Solid Waste Facility, Except; that facilities that operate only between the hours of sunrise and sunset, and (if the allowable waste comes from an off-site source) no fee or other form of consideration is required for the privilege of using the facility for disposal purposes, the following C&D debris may be placed: recognizable uncontaminated concrete and concrete products (including steel or fiberglass reinforced rods that are embedded in the concrete), asphalt pavement, brick, glass, soil and rock.
Question: I live in NYC. My neighbor's trash is blocking the sidewalk, can you help? Answer: Household trash is handled by the NYC Dept. of Sanitation. They can be contacted at: (212) 219-8090.
Waste oil
Question: Why doesn't the local gas station accept my waste motor oil?
Answer: Any Service Establishment that sells at least 500 gallons of lubricating oil per year and has an onsite oil changing operation, and any Retail Establishment selling in excess of 1000 gallons of lubricating oil per year, must accept, without charging a fee, up to 5 gallons of waste oil per day from any individual. The Retail or Service Establishments do not have to accept the oil if it is determined to have been contaminated through other than ordinary and normal use, or the oil is not in a screw-top, rigid, closed containers.
Bottle Bill
Question: Aren't the stores supposed to take the bottles back?
Answer: Yes, the Returnable Container Law (6NYCRR part 367) requires any store selling a particular brand and container size must redeem the deposit to any individual returning the container, whether or not the consumer actually purchased the container at that store.
