S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3216
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 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.
   §  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.
   §  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.
              

                                                            LBD02915-01-1

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 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, subparagraph 6 of paragraph b
 of  subdivision  2  as  amended  by chapter 192 of the laws of 2016, 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  pink  or  patterned
 fluorescent  orange  or  pink  consisting  of no less than fifty percent
 fluorescent orange or pink material 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 or pink material and
 visible from all directions. For purposes of this  [paragraph]  SUBDIVI-
 SION,  "physical  control" shall mean that the physical 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.
   §  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

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 section  265.05  of  the  penal law. [A holder who is twelve or thirteen
 years of age shall not hunt with a crossbow.]
   § 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.
   §  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:
 § 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.
   § 7. This act shall take effect immediately.