S T A T E O F N E W Y O R K
________________________________________________________________________
8358
2015-2016 Regular Sessions
I N A S S E M B L Y
August 12, 2015
___________
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.
S 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.
S 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.
LBD10722-01-5
A. 8358 2
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, 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 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.
S 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
section 265.05 of the penal law. [A holder who is twelve or thirteen
years of age shall not hunt with a crossbow.]
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S 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.
S 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:
S 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.
S 7. This act shall take effect immediately.