Assembly Bill A6248

Vetoed By Governor
2021-2022 Legislative Session

Allows for certain hunting or sale of fish and wildlife pursuant to Indian treaty rights

download bill text pdf

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Archive: Last Bill Status Via S5266 - Vetoed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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2021-A6248 (ACTIVE) - Details

See Senate Version of this Bill:
S5266
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §11-0107, En Con L

2021-A6248 (ACTIVE) - Summary

Allows hunting, fishing, or sale of otherwise prohibited species by citizens of an Indian nation tribe who are exercising a hunting or fishing right reserved by a treaty to which such tribe is a party; includes exceptions for certain species that need protection.

2021-A6248 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6248
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2021
                                ___________
 
 Introduced by M. of A. HUNTER -- read once and referred to the Committee
   on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, in relation to hunt-
   ing or sale of fish and wildlife pursuant to Indian treaty rights
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 11-0107 of the environmental conservation  law,  as
 amended  by  chapter  400  of  the  laws  of 1973, is amended to read as
 follows:
 § 11-0107. Application of Fish and Wildlife Law.
   1. No person shall, at any time of the year, pursue,  take,  wound  or
 kill in any manner, number or quantity, any fish protected by law, game,
 protected wildlife, shellfish, harbor seals, crustacea protected by law,
 or  protected insects, except as permitted by the Fish and Wildlife Law,
 OR BY SUBDIVISION THREE OF THIS SECTION.
   2. No person shall, at any time of  the  year,  buy,  sell,  offer  or
 expose for sale, transport, or have in his possession any fish protected
 by  law,  game,  protected  wildlife, shellfish, harbor seals, crustacea
 protected by law, or part thereof, or protected  insect,  whether  taken
 within  the  state or coming from without the state, except as permitted
 by the Fish and Wildlife Law, OR BY SUBDIVISION THREE OF THIS SECTION.
   3. THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF  THIS  SECTION  SHALL
 NOT  APPLY  TO  AN  ENROLLED  CITIZEN  OF  AN INDIAN NATION OR TRIBE, AS
 DEFINED BY SECTION TWO OF THE INDIAN LAW, WHO IS EXERCISING A HUNTING OR
 FISHING RIGHT RESERVED BY A TREATY TO WHICH SUCH INDIAN NATION OR  TRIBE
 IS A PARTY; PROVIDED, HOWEVER, THAT THE EXERCISE OF SUCH TREATY RIGHT OR
 RIGHTS,  OUTSIDE  THE  BOUNDARIES SUCH INDIAN NATION OR TRIBE'S RESERVA-
 TION, SHALL BE SUBJECT TO ANY APPLICABLE STATE LAW OR REGULATION  OTHER-
 WISE  PROTECTING  THE SPECIES BEING HUNTED OR FISHED THAT IS: (A) NECES-
 SARY FOR THE PRESERVATION OF SUCH SPECIES;  (B)  THE  LEAST  RESTRICTIVE
 ALTERNATIVE  FOR  ACHIEVING  PRESERVATION  OF  SUCH  SPECIES; AND (C) IS
 NECESSARY TO PREVENT IRREPARABLE HARM TO SUCH SPECIES.
   § 2. This act shall take effect immediately.

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