Senate Bill S3598

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

                                  3598

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 25, 2009
                               ___________

Introduced  by Sens. KRUEGER, HUNTLEY -- 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
  increasing the age at which a person is allowed to hunt

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

  Section  1.  Subdivisions 1, 2, 3, 11 and 12 of section 11-0701 of the
environmental conservation law, subdivisions 1, 3, 11 and 12 as  amended
by  chapter  344  of  the  laws of 2008, paragraph a of subdivision 2 as
amended by chapter 57 of the laws of 1993, subparagraph 1 of paragraph a
of subdivision 2 as added by section 5, paragraph b of subdivision 2  as
amended  by  section  6  and  paragraph c of subdivision 2 as amended by
section 7 of part F of chapter 82 of the laws of 2002,  are  amended  to
read as follows:
  1.  A  small  game license entitles a holder who is [sixteen] EIGHTEEN
years of age or older to hunt wildlife, except big  game,  and  to  take
with  a  gun  or  longbow  fish permitted to be so taken, as provided in
titles 9 and 13 of this article.
  2. a. (1) A small and big game license entitles the resident holder to
hunt wildlife subject to the following:
  (i) a holder who is eighteen years of age or older may  hunt  wildlife
as provided in title 9 of this article, AND
  (ii) [a holder who is sixteen years of age or older may hunt wildlife,
except big game, as provided in title 9 of this article, and
  (iii)]  a holder who is between the ages of [sixteen and] eighteen AND
TWENTY may hunt big game pursuant to the provisions of title 9  of  this
article  while the holder is accompanied by a parent, guardian or person
over the age of [eighteen] TWENTY as required by section 11-0929 of this
article.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10211-01-9

              

S. 3598                             2

  A holder may take fish with a gun or longbow as provided in  titles  9
and 13 of this article.
  (2) A non-resident big game license entitles a person who has not been
a  resident  of the state for more than thirty days to hunt wild deer as
provided in title 9 OF THIS ARTICLE. It entitles  such  person  to  hunt
bear  during  the regular open bear season or in an open season fixed by
regulation pursuant to subdivision eight  of  section  11-0903  of  this
article if such person is also the holder of a non-resident bear tag. It
entitles  a person who is between the ages of [sixteen and] eighteen AND
TWENTY years to exercise the privileges of a big game license subject to
the provisions of section 11-0929 OF THIS ARTICLE.
  b. A special antlerless deer license is applicable to the  hunting  of
wild antlerless deer in a special open season fixed pursuant to subdivi-
sion 6 of section 11-0903 of this article in a tract within a Wilderness
Hunting  Area  and entitles the holder of a license which authorizes the
holder to hunt big game to hunt antlerless deer  in  such  special  open
season,  as  provided in title 9 of this article if he has on his person
while so hunting both his license which authorizes the  holder  to  hunt
big game and his special antlerless deer license.
  c.  A junior archery license entitles a resident holder who is between
the ages of [fourteen and] sixteen AND EIGHTEEN years to hunt wild  deer
and bear with a longbow during the special archery season and during the
regular  season,  as  provided  in  title  9 of this article, as if such
person held a license which authorizes the holder to hunt big game  with
a bowhunting stamp affixed, subject to the provisions of section 11-0929
and  subdivision  3  of  section  11-0713 of this article. It entitles a
non-resident holder who is between the ages of  [fourteen  and]  sixteen
AND  EIGHTEEN years to hunt wild deer and bear with a longbow during the
special archery season and during the regular  season,  as  provided  in
title  9 of this article, as if such person held a non-resident bowhunt-
ing license, a non-resident license which authorizes the holder to  hunt
deer  and  a non-resident bear tag, subject to the provisions of section
11-0929 and subdivision 3 of section 11-0713 of this article.
  3. A bowhunting stamp when affixed to a resident license which author-
izes the holder to hunt big game entitles a holder who is eighteen years
of age or older to hunt wild deer and bear with a longbow,  as  provided
in title 9 of this article, in a special longbow season, and it entitles
a  holder who is [sixteen or seventeen] BETWEEN THE AGES OF EIGHTEEN AND
TWENTY years of age to exercise  the  same  privileges  subject  to  the
provisions  of  section  11-0929 and subdivision 3 of section 11-0713 of
this article.
  11. A muzzle-loading stamp when affixed to a  resident  license  which
authorizes  the  holder to hunt big game entitles a holder who is [four-
teen] EIGHTEEN years of age or older to hunt wild deer and bear  with  a
muzzle-loading  firearm,  as  provided  in title 9 of this article, in a
special muzzle-loading firearm season.
  12. A junior hunting license[:
  a.] entitles a holder who is [twelve or thirteen]  EIGHTEEN  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.
  [b.  entitles a holder who is fourteen or fifteen years of age to hunt
wildlife, including wild deer and bear, as provided in title 9  of  this
article,  subject, specifically, to the provisions of section 11-0929 of

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this article. It entitles such holder to possess firearms as provided in
section 265.05 of the penal law.]
  S 2. Section 11-0929 of the environmental conservation law, as amended
by chapter 344 of the laws of 2008, is amended to read as follows:
S 11-0929. Hunting by minors.
  1. A licensee who is [twelve or thirteen] BETWEEN THE AGES OF FOURTEEN
AND SIXTEEN 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] TWENTY-THREE years of age  or  older  desig-
nated  in  writing  by  his  or  her  parent or legal guardian on a form
prescribed by the department, who holds a license which  authorizes  the
holder to hunt wildlife.
  2. [A licensee who is fourteen or fifteen years of age shall not:
  a.  hunt  wildlife with a gun or longbow, other than wild deer or bear
as provided in paragraph b of this subdivision,  unless  he  or  she  is
accompanied  by  his  or  her parent or legal guardian holding a license
which authorizes the holder to hunt wildlife, or by  a  person  eighteen
years  of  age  or  older, designated in writing by his or her parent or
legal guardian, holding such license;
  b. hunt wild deer or bear with a gun unless:
  (1) 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) such parent, guardian or youth mentor has had at least three years
of experience in hunting big game; and
  (3) such parent, guardian  or  youth  mentor  holds  a  license  which
authorizes the holder to hunt big game; and
  (4)  such  parent, guardian or youth mentor maintains physical control
over the minor he or she is accompanying at all times while hunting; and
  (5) 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)  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.
  3.] A licensee who is [sixteen or seventeen] UNDER TWENTY years of age
and  who has not previously had a license which authorizes the holder to
hunt big game issued to him or her and engaged in hunting pursuant to it
shall not hunt deer or bear unless he or she is accompanied  by  his  or
her  parent  or  legal guardian, or by a person designated in writing by
his or her parent or legal guardian on a form prescribed by the  depart-
ment  and who is [eighteen] TWENTY years of age or older and who has had
at least one year's experience in hunting deer or bear, and such  accom-
panying  parent, guardian or person holds a license which authorizes the
holder to hunt big game.
  [4.] 3. A junior  archery  licensee,  who  is  [fourteen  or  fifteen]
BETWEEN  SIXTEEN  AND EIGHTEEN years of age, shall not hunt deer or bear

S. 3598                             4

unless he or she is accompanied by his or her parent or legal  guardian,
or by a person designated in writing by his or her parent or legal guar-
dian  on  a  form  prescribed by the department who is [eighteen] TWENTY
years  of age or older and who has had at least one year's experience in
hunting deer or bear by longbow, and such accompanying parent,  guardian
or  person  holds a license which authorizes the holder to hunt big game
during a special archery season and the regular open season.
  S 3. This act shall take effect October 1,  2010,  provided,  however,
that  effective  immediately,  the addition, amendment, or repeal of any
rule or regulation necessary for the  implementation  of  the  foregoing
sections of this act is authorized and directed to be made and completed
on or before such effective date.