NY State Senate Bill 2021-S5266

Senate Bill S5266

Vetoed By Governor

2021-2022 Legislative Session

Allows for certain hunting or sale of fish and wildlife pursuant to Indian treaty rights

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Archive: Last Bill Status - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 22, 2021	vetoed memo.66
Dec 10, 2021	delivered to governor
Jun 01, 2021	returned to senate passed assembly ordered to third reading rules cal.201 substituted for a6248
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

- Apr 26, 2021 - Floor Vote
  S5266
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Apr 26, 2021
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      excused (1)
      
      Sanders Jr.
  Apr 19, 2021 - Environmental Conservation Committee Vote
  S5266
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: Apr 19, 2021
      
      aye (11)
      
      Harckham
      
      Hinchey
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Mannion
      
      May
      
      Palumbo
      
      Ritchie
      
      Serrano
      
      Stec

co-Sponsors

2021-S5266 (ACTIVE) - Details

See Assembly Version of this Bill:: A6248
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §11-0107, En Con L

2021-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.

2021-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

protected species.

However, the exercise of these treaty rights are subject to state law
and regulation if such hunting or fishing activities take place outside
the boundaries of a nation or tribe's reservation, and if the state law
or regulation is necessary for the preservation of such species; is the
least restrictive alternative for achieving preservation of such
species; and is necessary to prevent irreparable harm to such species.

Section 2: Sets the effective date.

 
JUSTIFICATION:

For years, the state Department of Environmental Conservation has tick-
eted Haudenosaunee citizens exercising their treaty rights to hunt and
fish. Despite a great deal of effort, the DEC has so far refused to
adapt its policies to recognize the sovereign rights of the Haudenosau-
nee guaranteed in treaty. This has resulted in dozens of tickets issued
to Haudenosaunee fishers and hunters, all for minor infractions. These
tickets waste countless hours of agency and court time, and do nothing
to preserve fish or game in New York State.

This legislation will prevent these needless tickets by updating New
York law to match emerging federal practices by codifying federal
doctrine. The federal "conservation necessity doctrine" limits any
state's authority to ticket Native people, and is accepted in New York's
Court of Appeals. The federal cases together hold that state law or
regulation may only impair off-reservation hunting or fishing rights
only when they are a reasonable and necessary conservation measure and
do not discriminate against Native American treaty right holders. This
modest reform to the DEC's enforcement powers will bring New York into
compliance with federal law and ensure that the state's commitment to
recognizing treaty rights remains intact.

 
FISCAL IMPACT ON THE STATE:

Minimal.

 
LEGISLATIVE HISTORY:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09880-01-1

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Senate Bill S5266

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Sponsored By

Rachel May