N.Y. Envtl. Conserv. Law § 11-1209

Current through 2022 NY Law Chapter 642
Section 11-1209 - Penalties
1. Whoever shall hunt while his ability is impaired by the consumption of alcohol shall be guilty of a violation of law.
2. Whoever shall hunt while in an intoxicated condition or while his ability to hunt is impaired by the use of a drug shall be guilty of a misdemeanor, punishable by imprisonment in a penitentiary or county jail for not more than one year, or by a fine of not more than five hundred dollars, or by both such fine and imprisonment.
3. Notwithstanding any provision in section 11-1205 of this title, the department may revoke, for a period not exceeding two years, any or all licenses, bowhunting privileges, muzzle-loading privileges, or permits to hunt of any person who violates any subdivision of section 11-1203 of this title. Action by the department resulting in such revocation shall become effective only after a hearing held by the department upon notice to such person, at which proof of facts indicating the violation is established to the satisfaction of the commissioner, or of the hearing officer and concurred in by the commissioner. A person whose license to hunt has been revoked as provided in this subdivision is ineligible for such license during the period determined by the department as provided in this section. No such person shall, during such period, procure any license for which he is ineligible. No person shall without license hunt or trap during any period in which the privilege to do so has been denied him by the department as provided in this section. When the department has revoked a license, or has denied to any person the ability to obtain a license, it shall cause the fact of such revocation or denial, or both, as the case may be, and the terms and extent thereof, to be entered in the minutes of the department, and shall forthwith send a written notice of its action as so entered in the minutes to the person affected, at his last known address, either by registered or certified mail or by delivery personally by a representative of the department. Within five days after service of such notice, such person shall deliver to the department the license or licenses revoked, together with any bowhunting privileges, muzzle-loading privileges or tags issued in connection with them. If the license was one entitling the holder to the privilege of several licenses, and the revocation concerned some but not all of such privileges, any license, bowhunting privilege, muzzle-loading privilege or tag so delivered shall be returned by the department to the person to whom it was issued, appropriately marked or stamped to show the extent to which it is revoked.
4. Violation of any subdivision of section 11-1203 of this title shall constitute grounds for forfeiture pursuant to the provisions of and under the procedures prescribed in subdivisions one, two, five, six and seven of section 71-0909 of this chapter.

N.Y. Envtl. Conserv. Law § 11-1209

Amended by New York Laws 2013, ch. 58,Sec. R-30, eff. 2/1/2014.