S T A T E O F N E W Y O R K
________________________________________________________________________
11266
I N A S S E M B L Y
May 25, 2010
___________
Introduced by M. of A. SALADINO, MONTESANO -- Multi-Sponsored by -- M.
of A. ALFANO, BARRA -- read once and referred to the Committee on
Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
allowing fishing without a license; and repealing certain provisions
of such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The title heading of title 7 of article 11 of the environ-
mental conservation law is amended to read as follows:
HUNTING[, FISHING] AND TRAPPING LICENSES
S 2. Subdivisions 4 and 15 of section 11-0701 of the environmental
conservation law, subdivision 4 as amended by section 1 of part LL of
chapter 59 of the laws of 2009 and subdivision 15 as amended by section
16 of part F of chapter 82 of the laws of 2002, are amended to read as
follows:
4. [A fishing license entitles the holder] NOTWITHSTANDING ANY OTHER
LAW, RULE OR REGULATION TO THE CONTRARY, NO LICENSE SHALL BE REQUIRED to
take fish by angling, spearing, hooking, longbow and tipups, to take
frogs by spearing, catching with the hands or by use of a club or hook,
and to take bait fish for personal use, as provided in titles 9 and 13
of this article, except that [such license shall not entitle the holder]
NO PERSON SHALL BE ENTITLED to take migratory fish of the sea or to take
fish from the waters of the marine district WITHOUT FIRST OBTAINING THE
PROPER LICENSE THEREFOR.
15. A non-resident combined hunting, [fishing,] big game, bowhunting
and muzzle-loading license, hereinafter in this article referred to as a
non-resident super-sportsman license, entitles a person who has not been
a resident of the state for more than thirty days to the privileges that
the holder would have if the holder held separately a non-resident hunt-
ing license, [a non-resident fishing license,] a non-resident big game
license, a non-resident bowhunting license, a non-resident muzzle-load-
ing license and a non-resident turkey permit.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16435-01-0
A. 11266 2
S 3. The opening paragraph of subparagraph 1 of paragraph a of subdi-
vision 2 of section 11-0701 of the environmental conservation law, as
added by section 5 of part F of chapter 82 of the laws of 2002, is
amended to read as follows:
A small and big game license, ALSO HEREINAFTER IN THIS ARTICLE
REFERRED TO AS A SPORTSMAN LICENSE, entitles the resident holder to hunt
wildlife subject to the following:
S 4. Paragraph a of subdivision 5 of section 11-0701 of the environ-
mental conservation law is REPEALED and paragraphs b and c are relet-
tered paragraphs a and b.
S 5. Subdivisions 6, 8 and 9-a of section 11-0701 of the environmental
conservation law are REPEALED.
S 6. The section heading and subdivisions 1 and 2 of section 11-0702
of the environmental conservation law, the section heading as added by
chapter 352 of the laws of 1987, subdivision 1 as separately amended by
section 2 of part KK and section 2 of part LL of chapter 59 of the laws
of 2009 and subdivision 2 as amended by section 18 of part F of chapter
82 of the laws of 2002, are amended to read as follows:
1. There are hereby created the following lifetime hunting, [fishing,]
trapping, archery and muzzle-loading licenses and fees therefor subject
to the same privileges and obligations of a comparable short term
license:
Licenses Fees
a. Lifetime sportsman
license and turkey
permit. If purchased,
for a child four years
of age or younger $380.00
for a child age five through
eleven years of age $535.00
for a person age twelve through
sixty-nine years of age $765.00
for a person age seventy
and over. $65.00
b. Lifetime small and
big game license. $535.00
c. [Lifetime fishing
license for a person age
sixty-nine or younger. $460.00
d. Lifetime fishing license
for a person age seventy
and over. $ 65.00
e.] Lifetime trapping
license. $395.00
[f.] D. Lifetime archery
stamp. $235.00
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[g.] E. Lifetime muzzle-loading
stamp. $235.00
[g.] F. Lifetime recreational
marine fishing license. $150.00
[h.] G. Lifetime combination fishing
and recreational marine fishing
license. $450.00
The holder of a lifetime small and big game license [or fishing
license] may, at any time, convert such license to a lifetime [sports-
man] SMALL AND BIG GAME license and turkey permit for an additional fee
equal to the existing differential.
2. Legal residency within the state of New York shall be a prerequi-
site for persons to obtain, or have obtained for them, any lifetime
licenses included within this section. Lifetime licenses so obtained
shall continue to be valid for use within the state by the person to
whom the lifetime license was issued, regardless of a change in residen-
cy of that lifetime license holder. Holders of lifetime licenses which
include lifetime big game privileges who become non-residents of the
state may continue to obtain resident bowhunting and muzzle-loading
stamps, including lifetime archery and muzzle-loading stamps. Holders of
lifetime licenses which include bowhunting and muzzle-loading privileges
who become non-residents of the state may continue to obtain resident
big game privileges, including lifetime sportsman [or small and big
game] licenses. An annual turkey permit will be granted at no additional
fee as an additional privilege of all existing lifetime sportsman
licenses. Possession of lifetime licenses is nontransferable.
S 7. Paragraph a of subdivision 4 and paragraph a of subdivision 6 of
section 11-0703 of the environmental conservation law, paragraph a of
subdivision 4 as amended by section 21 of part F of chapter 82 of the
laws of 2002 and paragraph a of subdivision 6 as amended by chapter 344
of the laws of 2008, are amended to read as follows:
a. Non-resident [fishing, non-resident] super-sportsman, non-resident
bowhunting or muzzle-loading, or non-resident trapping licenses, or
non-resident bear tags are issuable only to non-residents and persons
who have been residents for less than thirty days immediately preceding
the date of application.
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 exer-
cise the privileges of a small game, junior hunting, 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 privi-
leges of and has on his or her person while so hunting a 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.
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S 8. Paragraphs a and b of subdivision 5 of section 11-0703 of the
environmental conservation law are REPEALED and paragraphs c and d,
paragraph d as relettered by chapter 470 of the laws of 1994, are relet-
tered paragraphs a and b.
S 9. Subdivision 3 of section 11-0705 of the environmental conserva-
tion law, as amended by chapter 57 of the laws of 1993, is amended to
read as follows:
3. Failure of a licensee to have the holder's license, tag or license
with stamp affixed, on the holder's person while exercising any privi-
lege of the license, tag or license and stamp, and to wear in plain
sight any button issued with the license while so doing, is presumptive
evidence that the holder is hunting[, fishing] or trapping, as the case
may be, without holding the license, tag or license and stamp required
by subdivision 6 of section 11-0703.
S 10. The section heading and subdivision 1 of section 11-0707 of the
environmental conservation law, subdivision 1 as amended by chapter 721
of the laws of 1975, the opening paragraph of subdivision 1 as amended
by chapter 415 of the laws of 1977 and paragraph b of subdivision 1 as
amended by chapter 329 of the laws of 1986, are amended to read as
follows:
Exemptions from requirement of hunting, big game[, fishing] and trap-
ping licenses.
1. Resident owners and lessees and members of their immediate fami-
lies, actually occupying and cultivating farm lands, on such farm lands
and the waters thereof, shall have the right,
a. to hunt wildlife except wild deer and bear, AND
b. to trap bobcat, coyote, fox, mink, muskrat, raccoon, opossum, weas-
el, skunk, and unprotected wildlife that may lawfully be taken by trap-
ping (except that only the owner or lessee thereof may trap without
license on a registered muskrat marsh) [and
c. to take fish and frogs, except that they may not take bait fish by
net or trap, all as if they held the licenses defined in section 11-0701
and required by section 11-0703, subdivision 6].
S 11. Subdivisions 2, 3 and 4 of section 11-0707 of the environmental
conservation law are REPEALED and subdivisions 7, 8 and 9 are renumbered
subdivisions 2, 3 and 4.
S 12. Paragraph c of subdivision 1 of section 11-0713 of the environ-
mental conservation law, as amended by section 4 of part LL of chapter
59 of the laws of 2009, is amended to read as follows:
c. One-day [fishing licenses and one-day] recreational marine fishing
licenses may be issued by any person who has never been convicted of or
pleaded guilty to a misdemeanor under this chapter within the past three
years, and has not been convicted of a crime under any other law. Such
licenses shall be issued to any such person following payment of the
applicable license fee for each license. One-day [fishing licenses and
one-day] recreational marine fishing licenses may be sold by the initial
purchaser for no more than the applicable license fee, plus one dollar
for the person selling such license. In the case of misuse or fraud in
handling the fishing licenses, the department shall have the authority
to revoke the privilege to buy and sell the licenses.
S 13. Subdivisions 2 and 3 of section 11-0715 of the environmental
conservation law, subdivision 2 as amended by section 3 and subdivision
3 as amended by section 4 of part KK of chapter 59 of the laws of 2009,
are amended to read as follows:
2. A member of the Shinnecock tribe or the Poospatuck tribe or a
member of the six nations, residing on any reservation wholly or partly
A. 11266 5
within the state, is entitled to receive free of charge [a fishing
license,] a small and big game license, [a sportsman license,] a
muzzle-loading stamp, a trapping license, and a bow hunting stamp; a
resident of the state who is a member of the United States armed forces
in active service who is not stationed within the state and has not been
herein longer than thirty days on leave or furlough, is entitled to
receive free of charge [a fishing license,] a small and big game
license, and a trapping license; a resident of the state who is an
active member of the organized militia of the state of New York as
defined by section one of the military law, or the reserve components of
the armed forces of the United States, and excluding members of the
inactive national guard and individual ready reserve, is entitled to
receive free of charge [a fishing license,] a small and big game
license, and a trapping license[; and a resident who is blind is enti-
tled to receive a fishing license free of charge. For the purposes of
this subdivision a person is blind only if either: (a) his or her
central visual acuity does not exceed 20/200 in the better eye with
correcting lenses, or (b) his or her visual acuity is greater than
20/200 but is accompanied by a limitation of the field of vision such
that the widest diameter of the visual field subtends an angle no great-
er than 20 degrees].
A resident in the state for a period of thirty days immediately prior
to the date of application who has attained the age of seventy is enti-
tled to receive a sportsman license at the cost of ten dollars as a
license fee.
A resident in the state for a period of thirty days immediately prior
to the date of application who has attained the age of seventy is enti-
tled to receive a [fishing license, and a] trapping license, at a cost
of five dollars [for each] AS A license FEE.
A resident in the state for a period of thirty days immediately prior
to the date of application who has attained the age of seventy is enti-
tled to receive free of charge a bowhunting stamp and a muzzle-loading
stamp.
3. Each applicant for a license, permit or stamp shall pay to the
issuing officer a fee, according to the license, permit or stamp issued
and the residence or other qualification of the applicant.
a. In the case of persons who have been residents of the state for
more than thirty days immediately preceding the date of application or
who are enrolled in a full-time course at a college or university within
the state and who are in residence in the state for the school year,
Indians residing off reservations in the state and members of the United
States armed forces in active service stationed in this state regardless
of place of residence at the time of entry into service:
License Fee
(1) Super-sportsman $88.00
(2) Trapper Super-sportsman $88.00
(3) [Sportsman $47.00
(4)] Small and big game $29.00
[(5) Fishing $29.00
(6)] (4) Trapping $21.00
[(7)] (5) Small game $26.00
[(8)] (6) Junior trapping $ 6.00
[(9)] (7) Muzzle-loading stamp $21.00
[(10)] (8) Bowhunting stamp $21.00
[(11)] (9) Turkey permit $10.00
[(12) Seven-day fishing $15.00
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(13)] (10) Conservation legacy $96.00
[(14) One-day fishing $ 5.00]
b. In the case of a non-resident and persons resident in the state for
less than thirty days, other than persons who are enrolled in a full-
time course at a college or university within the state and who are in
residence in the state for the school year and those members of the
United States armed forces as to whom fees are specified in paragraph a
of this subdivision:
License Fee
(1) Big game $140.00
(2) Small game $ 85.00
(3) [Fishing $ 70.00
(4) Seven-day fishing $ 35.00
(5)] Trapping $310.00
[(6)] (4) Super-sportsman $280.00
[(7)] (5) Bowhunting $140.00
[(8)] (6) Muzzle-loading $140.00
[(9)] (7) Bear tag $ 50.00
[(10)] (8) Turkey permit $ 50.00
[(11) One-day fishing $ 15.00]
c. In all cases:
(1) Certificates in lieu of lost license or stamp
or tag $ 5.00
(2) Duplicate for lost or destroyed permit, button
or tag $10.00
(3) Junior hunting license $ 5.00
(4) Junior archery license $ 9.00
(5) [One-day fishing license $15.00
(6)] Conservation patron license $12.00
S 14. The section heading, paragraphs a and c of subdivision 1 and
subdivisions 4 and 5 of section 11-0719 of the environmental conserva-
tion law, the section heading as amended by chapter 269 of the laws of
1975, paragraph a of subdivision 1 as amended by chapter 176 of the laws
of 1987, paragraph c of subdivision 1 as added by chapter 13 of the laws
of 1982 and subdivision 4 as amended by chapter 312 of the laws of 1998,
are amended to read as follows:
Revocation and suspension of licenses and of right to hunt[, fish] or
trap without license.
a. In the circumstances described in paragraph b the department may
revoke any license or stamp, of any person, to hunt[, fish] or trap,
defined in section 11-0701 or issued pursuant to any provision of the
Fish and Wildlife Law, or it may revoke all of such licenses or stamps.
It may also deny such person, for a period not exceeding five years, the
privilege of obtaining such license or licenses or stamp or stamps or of
hunting[,] OR trapping [or fishing], anywhere in the state with or with-
out license or stamp, except as provided in subdivision 1 of section
11-0707 or in section 11-0523. It may also require that such person
successfully complete a department-sponsored course and obtain a certif-
icate of qualification in responsible hunting, responsible bowhunting or
responsible trapping practices before being issued another license.
c. Upon receipt of a court notification of the failure of a person to
appear within three months of the return date or new subsequent
adjourned date pursuant to an appearance ticket, uniform appearance
ticket or uniform appearance ticket and simplified information charging
such person with a violation of the Fish and Wildlife Law, or any rule
or regulation adopted pursuant thereto, the department may suspend any
A. 11266 7
license of such person to hunt[, fish] or trap pending receipt of notice
from the court that such person has appeared in response to such appear-
ance ticket. Such suspension shall take effect no less than thirty days
from the day upon which notice thereof is sent by the department to the
person whose license is to be suspended.
4. A person whose license to hunt[,] OR trap[, or fish] has been
suspended or revoked as provided in this section 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 or she is ineligible. No person shall without
license hunt[,] OR trap[, or fish] during any period in which the privi-
lege to do so has been denied by the department as provided in this
section.
5. When the department has revoked a license, or has denied to any
person the privilege of obtaining a license, or of hunting[,] OR trap-
ping [or fishing] without 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 represen-
tative 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 buttons 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, button 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.
S 15. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided, however,
that effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made and completed on
or before such effective date.