|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Apr 26, 2021||referred to environmental conservation|
delivered to assembly
|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|
senate Bill S5266
Current Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S5266 (ACTIVE) - Details
S5266 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5266 SPONSOR: MAY TITLE OF BILL: An act to amend the environmental conservation law, in relation to hunt- ing or sale of fish and wildlife pursuant to Indian treaty rights PURPOSE: To ensure that citizens of Native nations and tribes can exercise hunt- ing and fishing rights provided under a treaty are not subject to state laws or regulations, unless such activities take place off of reserva- tion lands, and the preservation of a species would be in danger. SUMMARY OF PROVISIONS: Section 1: Sets forth that an enrolled citizen of a New York State Native nation or tribe that is exercising a hunting or fishing right reserved by a treaty to which the citizen's nation or tribe is a party to is not bound by state hunting and fishing restrictions on certain
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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