S T A T E O F N E W Y O R K
________________________________________________________________________
3056
2009-2010 Regular Sessions
I N A S S E M B L Y
January 22, 2009
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Introduced by M. of A. BARCLAY, SAYWARD, SALADINO, KOLB, GIGLIO, OAKS --
Multi-Sponsored by -- M. of A. BACALLES, BALL, BURLING, BUTLER,
CALHOUN, CROUCH, ERRIGO, HAWLEY, MOLINARO, O'MARA, QUINN -- read once
and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to big
game hunting by people between the ages of twelve and sixteen years,
with adult supervision
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 11-0701 of the environmental
conservation law is amended by adding a new paragraph d to read as
follows:
D. A JUNIOR BIG GAME LICENSE ENTITLES A RESIDENT HOLDER WHO IS BETWEEN
THE AGES OF TWELVE AND SIXTEEN YEARS TO HUNT WILD DEER AND BEAR DURING
THE REGULAR BIG GAME SEASON, AS PROVIDED IN TITLE 9 OF THIS ARTICLE, AS
IF SUCH PERSON HELD A BIG GAME LICENSE, SUBJECT TO THE PROVISIONS OF
SUBDIVISION FIVE OF SECTION 11-0929 AND SUBDIVISION THREE OF SECTION
11-0713 OF THIS ARTICLE. IT ENTITLES A NON-RESIDENT HOLDER WHO IS
BETWEEN THE AGES OF TWELVE AND SIXTEEN YEARS TO HUNT WILD DEER AND BEAR
DURING REGULAR BIG GAME SEASON, AS PROVIDED IN TITLE 9 OF THIS ARTICLE,
AS IF SUCH PERSON HELD A NON-RESIDENT BEAR TAG, SUBJECT TO THE
PROVISIONS OF SECTION 11-0929 AND SUBDIVISION THREE OF SECTION 11-0713
OF THIS ARTICLE.
S 2. Section 11-0929 of the environmental conservation law is amended
by adding a new subdivision 5 to read as follows:
5. A JUNIOR BIG GAME LICENSEE, BETWEEN THE AGES OF TWELVE AND SIXTEEN
YEARS, SHALL NOT HUNT DEER OR BEAR WITH FIREARMS UNLESS HE OR SHE IS
ACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN, OR BY A PERSON OVER
EIGHTEEN YEARS OF AGE DESIGNATED IN WRITING BY HIS OR HER PARENT OR
LEGAL GUARDIAN WHO HAS AT LEAST ONE YEAR'S EXPERIENCE IN HUNTING DEER OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02794-01-9
A. 3056 2
BEAR, AND SUCH ACCOMPANYING PARENT, LEGAL GUARDIAN, OR PERSON HOLDS A
VALID LICENSE ENTITLING HIM OR HER TO HUNT BIG GAME WITH FIREARMS.
S 3. Subdivision 2, paragraph b of subdivision 4 and subdivision 6 of
section 11-0703 of the environmental conservation law, as amended by
chapter 344 of the laws of 2008, are amended to read as follows:
2. No license, permit, tag or stamp is transferable. No person shall
alter, change, lend to another or attempt to transfer to another any
license or any button, permit, tag or stamp issued therewith. No person,
while hunting, shall possess a license, button, permit, tag or stamp
which was issued to another person unless actually accompanied by the
person to whom such license, button, permit, tag or stamp was issued. No
person shall purchase, possess or use more than one junior archery,
junior hunting, JUNIOR BIG GAME, small and big game, big game, bowhunt-
ing, muzzle-loading, sportsman, or resident super-sportsman license or
stamp, non-resident bowhunting or muzzle-loading license, non-resident
super-sportsman license, non-resident bear tag or special permit for the
current license year, except as permitted by regulation of the depart-
ment. Notwithstanding the prohibitions contained in this subdivision,
the department may authorize by rule or regulation the transfer of deer
management permits, issued pursuant to section 11-0913 of this article,
to any person licensed to hunt deer pursuant to this title.
b. A person under the age of [fourteen] TWELVE years is ineligible for
any license which authorizes the holder to hunt big game. [A] EXCEPT AS
PROVIDED IN PARAGRAPH D OF SUBDIVISION 2 OF SECTION 11-0701 OF THIS
TITLE, A person under the age of sixteen years is ineligible for a small
and big game, sportsman or resident super-sportsman, non-resident
super-sportsman, non-resident big game, non-resident bowhunting license,
or bowhunting stamp. A person is ineligible for a small game, small and
big game, junior hunting, big game, junior archery, sportsman and resi-
dent super-sportsman, non-resident super-sportsman, or non-resident
bowhunting or muzzle-loading license unless such person meets the
requirements of subdivision 3 of section 11-0713 of this title.
6. a. Except as provided in section 11-0707 and section 11-0709 of
this title, no person shall (1) hunt wildlife, other than deer or bear,
or take fish with a gun, unless such person holds and is entitled to
exercise the privileges of a small game, junior hunting, JUNIOR BIG
GAME, small and big game, free sportsman, sportsman or resident super-
sportsman, or non-resident super-sportsman license; (2) hunt antlerless
deer in a special open season therefor pursuant to subdivision 6 of
section 11-0903 of this article unless such person holds and is entitled
to exercise the privileges of and has on his or her person while so
hunting a JUNIOR BIG GAME, small and big game, big game, junior archery,
free sportsman, junior hunting if the licensee is at least fourteen
years old, sportsman, resident super-sportsman, non-resident super-
sportsman or non-resident bowhunting or muzzle-loading license, and a
special antlerless deer license; (3) take fish or frogs in the manner
described in subdivision 4 of section 11-0701 of this title unless such
person is entitled to exercise the privileges of a fishing license; (4)
trap wildlife unless such person holds a trapping license.
b. Except as provided in section 11-0707 and section 11-0709 of this
title, no resident shall (1) hunt wild deer or bear unless such person
holds and is entitled to exercise the privileges of a small and big
game, JUNIOR BIG GAME, junior archery, junior hunting if the licensee is
at least fourteen years old, free sportsman, sportsman, or resident
super-sportsman license, and meets the requirements of this article; (2)
hunt wild deer or bear with a longbow in a special longbow season unless
A. 3056 3
such person holds and is entitled to exercise the privileges of a small
and big game, junior archery, free sportsman, sportsman, or resident
super-sportsman license with a bowhunting stamp affixed and meets the
requirements of this article; or (3) hunt wild deer or bear with a
muzzle-loading firearm in a special muzzle-loading firearm season unless
such person holds a small and big game, free sportsman, sportsman,
junior hunting if the licensee is at least fourteen years old, or resi-
dent super-sportsman license with a muzzle-loading stamp affixed and
meets the requirements of this article.
c. Except as provided in section 11-0707 and section 11-0709 of this
title, no non-resident shall (1) hunt wild deer unless such person holds
and is entitled to exercise the privileges of a big game, JUNIOR BIG
GAME, junior archery, junior hunting if the licensee is at least four-
teen years old, non-resident super-sportsman, or non-resident bowhunting
or muzzle-loading license; (2) hunt wild deer with a longbow in a
special longbow season unless such person holds and is entitled to exer-
cise the privileges of a non-resident super-sportsman, non-resident
bowhunting, or junior archery license; (3) hunt wild deer with a
muzzle-loading firearm in a special muzzle-loading firearm season unless
such person holds a non-resident super-sportsman or non-resident
muzzle-loading license; (4) hunt wild bear unless such person holds a
junior hunting license if the licensee is at least fourteen years old, a
junior archery license, or a non-resident bear tag in combination with
one of the non-resident deer licenses listed in subparagraph 1, 2 or 3
of this paragraph.
S 4. Subdivision 2 of section 11-0713 of the environmental conserva-
tion law, as amended by chapter 344 of the laws of 2008, is amended to
read as follows:
2. The issuing officer shall not issue a junior archery license to a
person between the ages of fourteen and sixteen YEARS or a junior hunt-
ing OR JUNIOR BIG GAME license to a person between the ages of twelve
and sixteen years unless at the time of issuance applicant is accompa-
nied by his or her parent or legal guardian who shall consent to the
issuance of the license and shall so signify by signing his 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.
S 5. Subdivision 3 of section 11-0719 of the environmental conserva-
tion law, as amended by chapter 344 of the laws of 2008, is amended to
read as follows:
3. A junior hunting license issued to a person who is at least twelve
and less than sixteen years of age or a junior archery OR JUNIOR BIG
GAME license issued to a person who is fourteen or fifteen years of age
may be revoked by the department upon proof satisfactory to the depart-
ment that such person, while under the age of sixteen, has engaged in
hunting wildlife with a gun or longbow, in circumstances in which a
license is required, while not accompanied by his or her parent, guardi-
an or other adult as provided in section 11-0929 of this article. If
such license or privilege is revoked the department shall fix the period
of such revocation, which is not to exceed four years. The department
may require that such person successfully complete a department spon-
sored course and obtain a certificate of qualification in responsible
hunting or responsible bowhunting practices before being issued another
hunting or bowhunting license.
S 6. This act shall take effect immediately.