senate Bill S5266

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

Current Bill Status - Passed Senate


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

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 26, 2021 referred to environmental conservation
delivered to assembly
passed senate
Apr 21, 2021 advanced to third reading
Apr 20, 2021 2nd report cal.
Apr 19, 2021 1st report cal.672
Mar 01, 2021 referred to environmental conservation

Votes

view votes

Apr 19, 2021 - Environmental Conservation committee Vote

S5266
11
0
committee
11
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Environmental Conservation committee vote details

Environmental Conservation Committee Vote: Apr 19, 2021

Co-Sponsors

S5266 (ACTIVE) - Details

See Assembly Version of this Bill:
A6248
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §11-0107, En Con L
Versions Introduced in Other Legislative Sessions:
2017-2018: A8498
2019-2020: A6497

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.

S5266 (ACTIVE) - Sponsor Memo

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.
 

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