senate Bill S2582

Creates junior big game hunting license; describes rights and duties

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 22 / Jan / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

Creates junior big game hunting license for people between the ages of 12 and 16 years to hunt wild deer and bear during the hunting season; describes the rights and duties associated with such license.

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Bill Details

See Assembly Version of this Bill:
A8184
Versions:
S2582
Legislative Cycle:
2013-2014
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§11-0701, 11-0929, 11-0703, 11-0713 & 11-0719, En Con L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A5199, S7151, A5199, S7151
2009-2010: A3056, A3056
2007-2008: A3878A, A3878A

Sponsor Memo

BILL NUMBER:S2582

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to big game
hunting by people between the ages of twelve and sixteen years, with
adult supervision

PURPOSE:
To lower the hunting age for taking big game in New York to twelve.

SUMMARY OF PROVISIONS:

Section One - amends § 11-0701 subdivision 2 of the environmental
conservation law by adding a new paragraph d creating a junior big
game license which provides individuals between the ages of twelve
and sixteen the same privileges to hunt wild deer and bear as if the
person held a big game license.

Section Two - adds a new subdivision 6 to § 11-0929 of the
environmental conservation law requiring that an individual hunting
with a junior big game license must be supervised by a parent or
guardian or an individual over the age of eighteen with written
permission from the parent or guardian.

Section Three - amends various sections of the environmental
conservation law providing the same restrictions and requirement on
junior big game licenses to licenses previously distributed by the
department.

Section Four - amends subdivision 2 of § 11-0713 of the environmental
conservation law which requires that parents or legal guardians
consent to the issuance of the junior big game license and do so by
providing their signature.

Section Five - amends subdivision 3 of § 11-0719 of the environmental
conservation law which provides that the junior big game license can
be revoked in the event the licensee does not adhere to regulations
established by the department

Section Six - provides that this act shall take effect immediately.

JUSTIFICATION:
Currently, New York is the only state in the Northeast that requires
individuals to be sixteen years of age to hunt big game. The ages for
surrounding states are as follows:

New Jersey: 10 years old
Vermont: No age limit
Pennsylvania: 12 years old
Connecticut: 12 years old
Massachusetts: 12 years old

Having a higher hunting age provides several problems for sportsmen in
New York. The first problem is that when educating a young hunter on
the skill set for hunting big game, individuals must travel outside


New York. Having them travel outside New York places an additional
hurdle on the cultivation of the next generation of hunters across
the state. In a time when deer herds have reached astounding numbers,
it is essential that we have as many people interested in continuing
to hunt as possible.

A secondary problem that stems from individuals traveling outside the
state to hunt is the loss of revenues the state faces. Hunters that
travel spend money on gas, accommodations, equipment and food that
lead to significant tax revenues for municipalities outside the
state. Under the current formula, New York loses millions of dollars
annually in revenue because it has a higher hunting age than
bordering states.

LEGISLATIVE HISTORY:
Similar to A.11015 of 2006
2008: A.3878A - Held for Consideration in Environmental
Conservation
2010: A.3056 - Referred to Environmental Conservation 5/1/12 Referred
to Environmental Conservation

FISCAL IMPLICATIONS: None to state.

EFFECTIVE DATE:
This law will take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2582

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 22, 2013
                               ___________

Introduced  by  Sen.  BALL  --  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  big
  game  hunting  by people between the ages of twelve and sixteen years,
  with adult supervision

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

  Section  1.  Subdivision  2  of  section  11-0701 of the environmental
conservation law is amended by adding a  new  paragraph  d  to  read  as
follows:
  D. A JUNIOR BIG GAME LICENSE ENTITLES A RESIDENT HOLDER WHO IS BETWEEN
THE  AGES  OF TWELVE AND SIXTEEN YEARS TO HUNT WILD DEER AND BEAR DURING
THE REGULAR BIG GAME SEASON, AS PROVIDED IN TITLE 9 OF THIS ARTICLE,  AS
IF  SUCH  PERSON  HELD  A BIG GAME LICENSE, SUBJECT TO THE PROVISIONS OF
SUBDIVISION SIX OF SECTION 11-0929  AND  SUBDIVISION  THREE  OF  SECTION
11-0713  OF  THIS  ARTICLE.  IT  ENTITLES  A  NON-RESIDENT HOLDER WHO IS
BETWEEN THE AGES OF TWELVE AND SIXTEEN YEARS TO HUNT WILD DEER AND  BEAR
DURING  REGULAR BIG GAME SEASON, AS PROVIDED IN TITLE 9 OF THIS ARTICLE,
AS IF  SUCH  PERSON  HELD  A  NON-RESIDENT  BEAR  TAG,  SUBJECT  TO  THE
PROVISIONS  OF  SECTION 11-0929 AND SUBDIVISION THREE OF SECTION 11-0713
OF THIS ARTICLE.
  S 2. Section 11-0929 of the environmental conservation law is  amended
by adding a new subdivision 6 to read as follows:
  6.  A JUNIOR BIG GAME LICENSEE, BETWEEN THE AGES OF TWELVE AND SIXTEEN
YEARS, SHALL NOT HUNT DEER OR BEAR WITH FIREARMS UNLESS  HE  OR  SHE  IS
ACCOMPANIED  BY HIS OR HER PARENT OR LEGAL GUARDIAN, OR BY A PERSON OVER
EIGHTEEN YEARS OF AGE DESIGNATED IN WRITING BY  HIS  OR  HER  PARENT  OR
LEGAL GUARDIAN WHO HAS AT LEAST ONE YEAR'S EXPERIENCE IN HUNTING DEER OR
BEAR,  AND  SUCH  ACCOMPANYING PARENT, LEGAL GUARDIAN, OR PERSON HOLDS A
VALID LICENSE ENTITLING HIM OR HER TO HUNT BIG GAME WITH FIREARMS.
  S 3. Subdivision 2, paragraph b of subdivision 4 and subdivision 6  of
section  11-0703 of the environmental conservation law, subdivision 2 as
amended by chapter 507 of the laws of 2010, paragraph b of subdivision 4
as amended by chapter 178 of the laws  of  2011  and  subdivision  6  as

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04762-02-3

S. 2582                             2

amended  by  chapter  344  of  the  laws of 2008, are amended to read as
follows:
  2.  Except  as  provided in section 11-0704 of this title, no license,
permit, tag or stamp is transferable. No  person  shall  alter,  change,
lend  to  another  or  attempt to transfer to another any license or any
button, permit, tag or stamp issued therewith. No person, while hunting,
shall possess a license, button, permit, tag or stamp which  was  issued
to another person unless actually accompanied by the person to whom such
license,  button,  permit,  tag  or  stamp  was  issued. No person shall
purchase, possess or use more than one junior archery,  junior  hunting,
JUNIOR  BIG GAME, small and big game, big game, bowhunting, muzzle-load-
ing, sportsman, or resident super-sportsman license or stamp,  non-resi-
dent  bowhunting or muzzle-loading license, non-resident super-sportsman
license, non-resident bear tag or special permit for the current license
year, except as permitted by regulation of the department. Notwithstand-
ing the prohibitions contained in this subdivision, the  department  may
authorize by rule or regulation the transfer of deer management permits,
issued  pursuant  to  section  11-0913  of  this  article, to any person
licensed to hunt deer pursuant to this title.
  b. A person under the age of [fourteen] TWELVE years is ineligible for
any license[, other than a junior archery license,] which authorizes the
holder to hunt big game. [A] EXCEPT AS PROVIDED IN PARAGRAPH D OF SUBDI-
VISION 2 OF SECTION 11-0701 OF THIS TITLE, A person  under  the  age  of
sixteen years is ineligible for a small and big game, sportsman or resi-
dent  super-sportsman,  non-resident  super-sportsman,  non-resident big
game, non-resident bowhunting license, or bowhunting stamp. A person  is
ineligible  for  a  small  game, small and big game, junior hunting, big
game, junior archery, sportsman and resident super-sportsman,  non-resi-
dent  super-sportsman,  or  non-resident  bowhunting  or  muzzle-loading
license unless such person meets the requirements of  subdivision  3  of
section 11-0713 of this title.
  6.  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
exercise the privileges of a small  game,  junior  hunting,  JUNIOR  BIG
GAME,  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 privileges of and has on his  or  her  person  while  so
hunting a JUNIOR BIG GAME, 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.
  b.  Except  as provided in section 11-0707 and section 11-0709 of this
title, no resident shall (1) hunt wild deer or bear unless  such  person
holds  and  is  entitled  to  exercise the privileges of a small and big
game, JUNIOR BIG GAME, junior archery, junior hunting if the licensee is
at least fourteen years old,  free  sportsman,  sportsman,  or  resident
super-sportsman 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 small

S. 2582                             3

and big game, junior archery, free  sportsman,  sportsman,  or  resident
super-sportsman  license  with  a bowhunting stamp affixed 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  holds  a  small  and  big game, free sportsman, sportsman,
junior hunting if the licensee is at least fourteen years old, or  resi-
dent  super-sportsman  license  with  a muzzle-loading stamp affixed and
meets the requirements of this article.
  c. Except as provided in section 11-0707 and section 11-0709  of  this
title, no non-resident shall (1) hunt wild deer unless such person holds
and  is  entitled  to  exercise the privileges of a big game, JUNIOR BIG
GAME, junior archery, junior hunting if the licensee is at  least  four-
teen years old, non-resident super-sportsman, or non-resident bowhunting
or  muzzle-loading  license;  (2)  hunt  wild  deer  with a longbow in a
special longbow season unless such person holds and is entitled to exer-
cise the privileges  of  a  non-resident  super-sportsman,  non-resident
bowhunting,  or  junior  archery  license;  (3)  hunt  wild  deer with a
muzzle-loading firearm in a special muzzle-loading firearm season unless
such  person  holds  a  non-resident  super-sportsman  or   non-resident
muzzle-loading  license;  (4)  hunt wild bear unless such person holds a
junior hunting license if the licensee is at least fourteen years old, a
junior archery license, or a non-resident bear tag in  combination  with
one  of  the non-resident deer licenses listed in subparagraph 1, 2 or 3
of this paragraph.
  S 4. Subdivision 2 of section 11-0713 of the  environmental  conserva-
tion  law,  as  amended by chapter 25 of the laws of 2011, is amended to
read as follows:
  2. The issuing officer shall not issue a junior archery license  to  a
person  between the ages of twelve and sixteen YEARS or a junior hunting
license OR JUNIOR BIG GAME LICENSE to  a  person  between  the  ages  of
twelve  and  sixteen  years  unless at the time of issuance applicant is
accompanied by his or her parent or legal guardian who shall consent  to
the  issuance  of the license and shall so signify by signing his or her
name in ink across the face of it. At no time  shall  such  licenses  be
issued by mail to persons between the ages of twelve and sixteen years.
  S  5.  Subdivision 3 of section 11-0719 of the environmental conserva-
tion law, as amended by chapter 25 of the laws of 2011,  is  amended  to
read as follows:
  3.  A junior hunting license issued to a person who is at least twelve
and less than sixteen years of age or a junior  archery  OR  JUNIOR  BIG
GAME  license  issued  to a person who is between the ages of twelve and
sixteen years may be revoked by the department upon  proof  satisfactory
to  the department that such person, while under the age of sixteen, has
engaged in hunting wildlife with a gun or longbow, in  circumstances  in
which a license is required, while not accompanied by his or her parent,
guardian  or other adult as provided in section 11-0929 of this article.
If such license or privilege is revoked the  department  shall  fix  the
period of such revocation, which is not to exceed six years. The depart-
ment  may  require  that  such person successfully complete a department
sponsored course and obtain a certificate of qualification in  responsi-
ble  hunting  or  responsible  bowhunting  practices before being issued
another hunting or bowhunting license.
  S 6. This act shall take effect immediately.

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