S T A T E   O F   N E W   Y O R K
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                                  8358

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             August 12, 2015
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  lowering  the  age  for universal hunting licenses from fourteen years
  old to twelve years old

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subparagraph 3 of paragraph b of subdivision 3 of section
11-0713 of the environmental conservation law, as amended by  section  3
of  part  R  of  chapter  58  of the laws of 2013, is amended to read as
follows:
  (3) The issuing officer shall not issue a muzzle-loading privilege  to
any  person  unless  the  applicant presents a hunting license issued to
that person for the corresponding license year and  such  person  is  at
least [fourteen] TWELVE years old.
  S  2.  Paragraph b of subdivision 6 of section 11-0703 of the environ-
mental conservation law, as amended by section 2 of part R of chapter 58
of the laws of 2013, is amended to read as follows:
  b. Except as provided in section 11-0707 and section 11-0709  of  this
title,  no  person  shall  (1) hunt wild deer or bear unless such person
holds and is entitled to exercise the privileges of a  hunting  license,
and  meets  the requirements of this article; (2) hunt wild deer or bear
with a longbow in a special longbow season unless such person holds  and
is  entitled  to  exercise  the  privileges  of a hunting license with a
bowhunting privilege 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 is at least  [fourteen]
TWELVE years old and holds a hunting license with a muzzle-loading priv-
ilege and meets the requirements of this article.
  S  3.  Subdivisions  1  and  2 of section 11-0929 of the environmental
conservation law, subdivision 1 as amended by section 20 of part  EE  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10722-01-5
              

A. 8358                             2

chapter  55  of the laws of 2014, subdivision 2 as amended by section 13
of part R of chapter 58 of the laws of 2013, paragraph a and the opening
paragraph of paragraph b of subdivision 2 as amended by  section  11  of
part  EE  of  chapter  55  of  the  laws of 2014, are amended to read as
follows:
  1. A licensee who is twelve or thirteen years of age  shall  not  hunt
wildlife  with a gun or a longbow unless he or she is accompanied by his
or her parent or legal guardian, or by a person twenty-one years of  age
or older designated in writing by his or her parent or legal guardian on
a  form  prescribed  by  the department, who holds a hunting license. [A
licensee who is twelve or thirteen years of age shall not  hunt  with  a
crossbow.]
  2. A licensee who is fourteen or fifteen years of age shall not[:
  a.]  hunt  wildlife  with  a gun, crossbow or longbow, other than wild
deer or bear as provided in [paragraph  b]  SUBDIVISION  THREE  of  this
[subdivision]  SECTION,  unless  he  or she is accompanied by his or her
parent or legal guardian holding a hunting license, or by a person eigh-
teen years of age or older, designated in writing by his or  her  parent
or legal guardian, holding such license;
  [b.]  3. A LICENSEE WHO IS TWELVE, THIRTEEN, FOURTEEN OR FIFTEEN YEARS
OF AGE, SHALL NOT hunt wild deer or bear with a crossbow or gun unless:
  [(1)] A. he or she is accompanied by his or  her  parent  or  a  legal
guardian,  or  a  youth  mentor  who is twenty-one years of age or older
designated in writing by the parent or legal guardian of the licensee on
a form prescribed by the department; and
  [(2)] B. such parent, guardian or youth mentor has had at least  three
years of experience in hunting big game; and
  [(3)]  C.  such  parent,  guardian  or  youth  mentor  holds a hunting
license; and
  [(4)] D. such parent, guardian  or  youth  mentor  maintains  physical
control  over  the  minor  he  or she is accompanying at all times while
hunting; and
  [(5)] E. such parent, guardian or youth mentor and the minor he or she
is accompanying remain at ground level at all times while hunting; and
  [(6)] F. such parent, guardian or youth mentor and the minor he or she
is accompanying shall each display either a minimum total of two hundred
fifty square inches of solid fluorescent orange or patterned fluorescent
orange consisting of no less than fifty percent fluorescent orange mate-
rial worn above the waist and visible from all directions, or a  hat  or
cap  with no less than fifty percent of the exterior consisting of solid
fluorescent  orange  material  and  visible  from  all  directions.  For
purposes of this paragraph, "physical control" shall mean that the phys-
ical  proximity  of the minor to the parent, guardian or youth mentor is
such that the parent, guardian or youth mentor  is  reasonably  able  to
issue  verbal  directions  and  instructions,  maintain  constant visual
contact, and otherwise provide guidance and supervision to the minor.
  S 4. Paragraph a of subdivision 1 of section 11-0701 of  the  environ-
mental  conservation law, as amended by section 21 of part EE of chapter
55 of the laws of 2014, is amended to read as follows:
  a. entitles a holder who is twelve or thirteen years of  age  to  hunt
wildlife,  [except  big  game,]  as  provided in title 9 of this article
subject, specifically, to the provisions  of  section  11-0929  of  this
article.  It  entitles  such  holder  to possess firearms as provided in
section 265.05 of the penal law. [A holder who  is  twelve  or  thirteen
years of age shall not hunt with a crossbow.]

A. 8358                             3

  S 5. Subparagraph 3 of paragraph c of subdivision 3 of section 11-0901
of  the environmental conservation law, as amended by section 19 of part
EE of chapter 55 of the laws of 2014, is amended to read as follows:
  (3)  crossbows  may  be  used but only by licensees who are [fourteen]
TWELVE years of age or older.
  S 6. Section 11-0933 of the environmental conservation law,  as  added
by  section  22 of part EE of chapter 55 of the laws of 2014, is amended
to read as follows:
S 11-0933. Taking small game by crossbow.
  Notwithstanding any provision of this chapter, or any  prior  notwith-
standing  language  in  this article, the department may, by regulation,
authorize the taking of small game and wild upland game birds by the use
of a crossbow by any licensed person [fourteen] TWELVE years of  age  or
older,  in  any  small game season, in any area designated in items (a),
(b), (c), (d), (e), (f), (i), (k), and (l) of paragraph a of subdivision
two of section 11-0907 of this title in which a shotgun or muzzle loader
is permitted.
  S 7. This act shall take effect immediately.