Senate Bill S5266

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

Sponsored By

Archive: Last Bill Status - 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

co-Sponsors

2021-S5266 (ACTIVE) - Details

See Assembly Version of this Bill:
A6248
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §11-0107, En Con L

2021-S5266 (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-S5266 (ACTIVE) - Sponsor Memo

2021-S5266 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5266
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2021
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.