Full Statute Name:  McKinney's Consolidated Laws of New York Annotated. Environmental Conservation Law. Chapter 43-B. Of the Consolidated Laws. Article 11. Fish and Wildlife. Title 19. Propagation; Shooting Preserves; Farm Fish Ponds; Fishing Preserves. Article 71. Enforcement. Title 9. Enforcement of Articles 11 and 13--the Fish and Wildlife Law

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Primary Citation:  McKinney's E. C. L. § 11-1906, McKinney's E. C. L. § 71-0923 Country of Origin:  United States Last Checked:  December, 2021 Alternate Citation:  N.Y. Envtl. Conserv. Law §§ 11-1906, 71-0923 Date Adopted:  2005 Historical: 
Summary: This statute prohibits online shooting in the state of New York. Violation of the statute is punishable by a fine of not more than 2,500 dollars.

Article 11. Fish and Wildlife. Title 19. Propagation; Shooting Preserves; Farm Fish Ponds; Fishing Preserves

§ 11-1906. On-line shoots prohibited

1. No person, firm, corporation, partnership, limited liability company, association or other business entity shall:

a. own or operate a shooting range or gallery located in this state for purposes of the on-line shooting or spearing of targets or animals; or

b. create, maintain or utilize a website via the internet, or a service or business via any other means, from any location within this state for purposes of the on-line shooting or spearing of targets or animals.

2. For purposes of this section:

a. “on-line shooting or spearing” shall mean the firing of a hunting instrument from a remote location by using a computer, a website via the internet or a service or business via any other means, and any combination of cameras, viewers and sites, or any other devices or controls, to operate such hunting instrument, regardless of whether such operation is live-action, in real-time or delayed;

b. “hunting instrument” shall mean any type of firearm, bow and arrow or mechanically propelled single or multiple pronged pike, blade, or harpoon;

c. “shooting” shall mean the discharge of any type of firearm or bow and arrow;

d. “spearing” shall mean the use of any mechanically propelled single or multiple pronged pike, blade, or harpoon; and

e. “shooting range or gallery” shall mean any place equipped with targets, animals or both, where a hunting instrument is fired.

Credits

(Added L.2005, c. 653, § 1, eff. Sept. 16, 2005.)

 

Article 71. Enforcement. Title 9. Enforcement of Articles 11 and 13--the Fish and Wildlife Law

§ 71-0923. Violations

1. Any offense specified in section 71-0919 of this article, unless made a misdemeanor by section 71-0921 of this article or another provision of such chapter, shall be a violation, punishable, except as otherwise provided in this section, by imprisonment for not more than fifteen days, or by a fine of not more than two hundred fifty dollars, or by both such fine and imprisonment.

2. A violation of subdivision 1 of section 11-0705 of this chapter shall be punishable as follows:

a. As provided in subdivision 1 of this section, if the violation consisted of a refusal to exhibit a license on demand of any environmental conservation officer or other person;

b. By forfeiture of the license and by a fine of not more than twenty-five dollars if the violation was committed while exercising the privileges of a special antlerless deer license and consisted of failure of the offender to have on his person a license held by him entitling him to exercise those privileges.

3. A violation of subdivision 2 of section 11-0705 of this chapter shall be punishable by forfeiture of licenses and tags issued pursuant to this chapter which authorizes the holder to hunt wildlife and by a fine of not more than twenty-five dollars.

4. When a license or license tag is forfeited as provided in this section, the licensee shall surrender it to any environmental conservation officer, special game protector or any other person authorized by the department to receive it. Such forfeiture does not prevent the procurement of another license.

5. A violation of subdivision one of section 11-0923 is punishable by imprisonment for not more than ten days, or by a fine of not less than two hundred dollars, or by both such fine and imprisonment.

6. A first conviction for a violation of subdivision eight of section 13-0309 of this chapter, involving devices for taking shellfish in uncertified lands, or a violation of subdivision ten of section 13-0309 of this chapter, involving possession of a stick dredge, shall be punishable as a violation under this section.

7. Repealed.

8. Any violation of sections 13-0329, 13-0330, 13-0331, 13-0333, 13-0334, 13-0335, subdivision one of section 13-0337, 13-0338, 13-0339, 13-0339-a, 13-0340, 13-0340-a through 13-0340-g, 13-0341, 13-0342, 13-0343, 13-0347, and 13-0349 of this chapter, or of any regulation adopted pursuant to the foregoing sections, shall be punishable by imprisonment of not more than fifteen days or by a fine of the greater of two hundred fifty dollars or:

a. for violations involving one to five fish, shellfish or crustaceans, twenty-five dollars for each fish, shellfish or crustacean taken or possessed in violation of the above sections;

b. for violations involving six to twenty-five fish, shellfish or crustaceans, fifty dollars for each fish, shellfish or crustacean taken or possessed in violation of the above sections;

c. for violations involving more than twenty-five fish, shellfish or crustaceans, one hundred dollars for each fish, shellfish or crustacean taken or possessed in violation of the above sections; or by both such fine and imprisonment.

For purposes of determining the applicable fine pursuant to this subdivision, the number of fish, crustaceans or shellfish shall be the aggregate number involved in the violation, regardless of species.

9. A violation of section 11-0110 of this chapter is punishable by imprisonment for not more than ten days, or by a fine of not more than two hundred fifty dollars, or by both such fine and imprisonment.

10. A violation of subdivision twelve of section 11-1101 of this chapter is punishable by imprisonment of not more than ten days, or by a fine of not more than one hundred dollars, or by both such fine and imprisonment.

11. A violation of subdivision eight of section 11-0505 of this chapter shall be punishable by a fine of not more than fifty dollars.

12. A violation of section 11-1906 of this chapter shall be punishable by a fine of not more than two thousand five hundred dollars.

Credits
(Added L.1977, c. 640, § 8. Amended L.1978, c. 208, § 28; L.1979, c. 160, § 18; L.1980, c. 694, § 25; L.1980, c. 896, § 1; L.1981, c. 23, § 1; L.1981, c. 530, § 2; L.1983, c. 455, §§ 3, 4; L.1986, c. 323, § 1; L.1986, c. 881, § 2; L.1991, c. 586, § 2; L.1992, c. 143, § 2; L.1996, c. 417, §§ 5, 6; L.1997, c. 381, § 2, eff. Oct. 4, 1997; L.2002, c. 82, pt. F, § 53, eff. Oct. 1, 2002; L.2004, c. 284, § 5, eff. Aug. 3, 2004; L.2005, c. 653, § 2, eff. Sept. 16, 2005.)

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