Bill Text: NY A05199 | 2011-2012 | General Assembly | Introduced
Bill Title: Creates junior big game hunting license for people between the ages of 12 and 16 years to hunt wild deer and bear during the hunting season; describes the rights and duties associated with such license.
Spectrum: Partisan Bill (Republican 19-0)
Status: (Introduced - Dead) 2012-01-04 - referred to environmental conservation [A05199 Detail]
Download: New_York-2011-A05199-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5199 2011-2012 Regular Sessions I N A S S E M B L Y February 14, 2011 ___________ Introduced by M. of A. BARCLAY, SAYWARD, SALADINO, KOLB, GIGLIO, OAKS -- Multi-Sponsored by -- M. of A. BURLING, BUTLER, CALHOUN, CROUCH, HAWLEY, MOLINARO -- read once and referred to the Committee on Envi- ronmental Conservation AN ACT to amend the environmental conservation law, in relation to big game hunting by people between the ages of twelve and sixteen years, with adult supervision THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 2 of section 11-0701 of the environmental 2 conservation law is amended by adding a new paragraph d to read as 3 follows: 4 D. A JUNIOR BIG GAME LICENSE ENTITLES A RESIDENT HOLDER WHO IS BETWEEN 5 THE AGES OF TWELVE AND SIXTEEN YEARS TO HUNT WILD DEER AND BEAR DURING 6 THE REGULAR BIG GAME SEASON, AS PROVIDED IN TITLE 9 OF THIS ARTICLE, AS 7 IF SUCH PERSON HELD A BIG GAME LICENSE, SUBJECT TO THE PROVISIONS OF 8 SUBDIVISION FIVE OF SECTION 11-0929 AND SUBDIVISION THREE OF SECTION 9 11-0713 OF THIS ARTICLE. IT ENTITLES A NON-RESIDENT HOLDER WHO IS 10 BETWEEN THE AGES OF TWELVE AND SIXTEEN YEARS TO HUNT WILD DEER AND BEAR 11 DURING REGULAR BIG GAME SEASON, AS PROVIDED IN TITLE 9 OF THIS ARTICLE, 12 AS IF SUCH PERSON HELD A NON-RESIDENT BEAR TAG, SUBJECT TO THE 13 PROVISIONS OF SECTION 11-0929 AND SUBDIVISION THREE OF SECTION 11-0713 14 OF THIS ARTICLE. 15 S 2. Section 11-0929 of the environmental conservation law is amended 16 by adding a new subdivision 5 to read as follows: 17 5. A JUNIOR BIG GAME LICENSEE, BETWEEN THE AGES OF TWELVE AND SIXTEEN 18 YEARS, SHALL NOT HUNT DEER OR BEAR WITH FIREARMS UNLESS HE OR SHE IS 19 ACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN, OR BY A PERSON OVER 20 EIGHTEEN YEARS OF AGE DESIGNATED IN WRITING BY HIS OR HER PARENT OR 21 LEGAL GUARDIAN WHO HAS AT LEAST ONE YEAR'S EXPERIENCE IN HUNTING DEER OR 22 BEAR, AND SUCH ACCOMPANYING PARENT, LEGAL GUARDIAN, OR PERSON HOLDS A 23 VALID LICENSE ENTITLING HIM OR HER TO HUNT BIG GAME WITH FIREARMS. 24 S 3. Subdivision 2, paragraph b of subdivision 4 and subdivision 6 of 25 section 11-0703 of the environmental conservation law, subdivision 2 as EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08762-01-1 A. 5199 2 1 amended by chapter 507 of the laws of 2010, paragraph b of subdivision 4 2 and subdivision 6 as amended by chapter 344 of the laws of 2008, are 3 amended to read as follows: 4 2. Except as provided in section 11-0704 of this title, no license, 5 permit, tag or stamp is transferable. No person shall alter, change, 6 lend to another or attempt to transfer to another any license or any 7 button, permit, tag or stamp issued therewith. No person, while hunting, 8 shall possess a license, button, permit, tag or stamp which was issued 9 to another person unless actually accompanied by the person to whom such 10 license, button, permit, tag or stamp was issued. No person shall 11 purchase, possess or use more than one junior archery, junior hunting, 12 JUNIOR BIG GAME, small and big game, big game, bowhunting, muzzle-load- 13 ing, sportsman, or resident super-sportsman license or stamp, non-resi- 14 dent bowhunting or muzzle-loading license, non-resident super-sportsman 15 license, non-resident bear tag or special permit for the current license 16 year, except as permitted by regulation of the department. Notwithstand- 17 ing the prohibitions contained in this subdivision, the department may 18 authorize by rule or regulation the transfer of deer management permits, 19 issued pursuant to section 11-0913 of this article, to any person 20 licensed to hunt deer pursuant to this title. 21 b. A person under the age of [fourteen] TWELVE years is ineligible for 22 any license which authorizes the holder to hunt big game. [A] EXCEPT AS 23 PROVIDED IN PARAGRAPH D OF SUBDIVISION 2 OF SECTION 11-0701 OF THIS 24 TITLE, A person under the age of sixteen years is ineligible for a small 25 and big game, sportsman or resident super-sportsman, non-resident 26 super-sportsman, non-resident big game, non-resident bowhunting license, 27 or bowhunting stamp. A person is ineligible for a small game, small and 28 big game, junior hunting, big game, junior archery, sportsman and resi- 29 dent super-sportsman, non-resident super-sportsman, or non-resident 30 bowhunting or muzzle-loading license unless such person meets the 31 requirements of subdivision 3 of section 11-0713 of this title. 32 6. a. Except as provided in section 11-0707 and section 11-0709 of 33 this title, no person shall (1) hunt wildlife, other than deer or bear, 34 or take fish with a gun, unless such person holds and is entitled to 35 exercise the privileges of a small game, junior hunting, JUNIOR BIG 36 GAME, small and big game, free sportsman, sportsman or resident super- 37 sportsman, or non-resident super-sportsman license; (2) hunt antlerless 38 deer in a special open season therefor pursuant to subdivision 6 of 39 section 11-0903 of this article unless such person holds and is entitled 40 to exercise the privileges of and has on his or her person while so 41 hunting a JUNIOR BIG GAME, small and big game, big game, junior archery, 42 free sportsman, junior hunting if the licensee is at least fourteen 43 years old, sportsman, resident super-sportsman, non-resident super- 44 sportsman or non-resident bowhunting or muzzle-loading license, and a 45 special antlerless deer license; (3) take fish or frogs in the manner 46 described in subdivision 4 of section 11-0701 of this title unless such 47 person is entitled to exercise the privileges of a fishing license; (4) 48 trap wildlife unless such person holds a trapping license. 49 b. Except as provided in section 11-0707 and section 11-0709 of this 50 title, no resident shall (1) hunt wild deer or bear unless such person 51 holds and is entitled to exercise the privileges of a small and big 52 game, JUNIOR BIG GAME, junior archery, junior hunting if the licensee is 53 at least fourteen years old, free sportsman, sportsman, or resident 54 super-sportsman license, and meets the requirements of this article; (2) 55 hunt wild deer or bear with a longbow in a special longbow season unless 56 such person holds and is entitled to exercise the privileges of a small A. 5199 3 1 and big game, junior archery, free sportsman, sportsman, or resident 2 super-sportsman license with a bowhunting stamp affixed and meets the 3 requirements of this article; or (3) hunt wild deer or bear with a 4 muzzle-loading firearm in a special muzzle-loading firearm season unless 5 such person holds a small and big game, free sportsman, sportsman, 6 junior hunting if the licensee is at least fourteen years old, or resi- 7 dent super-sportsman license with a muzzle-loading stamp affixed and 8 meets the requirements of this article. 9 c. Except as provided in section 11-0707 and section 11-0709 of this 10 title, no non-resident shall (1) hunt wild deer unless such person holds 11 and is entitled to exercise the privileges of a big game, JUNIOR BIG 12 GAME, junior archery, junior hunting if the licensee is at least four- 13 teen years old, non-resident super-sportsman, or non-resident bowhunting 14 or muzzle-loading license; (2) hunt wild deer with a longbow in a 15 special longbow season unless such person holds and is entitled to exer- 16 cise the privileges of a non-resident super-sportsman, non-resident 17 bowhunting, or junior archery license; (3) hunt wild deer with a 18 muzzle-loading firearm in a special muzzle-loading firearm season unless 19 such person holds a non-resident super-sportsman or non-resident 20 muzzle-loading license; (4) hunt wild bear unless such person holds a 21 junior hunting license if the licensee is at least fourteen years old, a 22 junior archery license, or a non-resident bear tag in combination with 23 one of the non-resident deer licenses listed in subparagraph 1, 2 or 3 24 of this paragraph. 25 S 4. Subdivision 2 of section 11-0713 of the environmental conserva- 26 tion law, as amended by chapter 344 of the laws of 2008, is amended to 27 read as follows: 28 2. The issuing officer shall not issue a junior archery license to a 29 person between the ages of fourteen and sixteen YEARS or a junior hunt- 30 ing OR JUNIOR BIG GAME license to a person between the ages of twelve 31 and sixteen years unless at the time of issuance applicant is accompa- 32 nied by his or her parent or legal guardian who shall consent to the 33 issuance of the license and shall so signify by signing his name in ink 34 across the face of it. At no time shall such licenses be issued by mail 35 to persons between the ages of twelve and sixteen years. 36 S 5. Subdivision 3 of section 11-0719 of the environmental conserva- 37 tion law, as amended by chapter 344 of the laws of 2008, is amended to 38 read as follows: 39 3. A junior hunting license issued to a person who is at least twelve 40 and less than sixteen years of age or a junior archery OR JUNIOR BIG 41 GAME license issued to a person who is fourteen or fifteen years of age 42 may be revoked by the department upon proof satisfactory to the depart- 43 ment that such person, while under the age of sixteen, has engaged in 44 hunting wildlife with a gun or longbow, in circumstances in which a 45 license is required, while not accompanied by his or her parent, guardi- 46 an or other adult as provided in section 11-0929 of this article. If 47 such license or privilege is revoked the department shall fix the period 48 of such revocation, which is not to exceed four years. The department 49 may require that such person successfully complete a department spon- 50 sored course and obtain a certificate of qualification in responsible 51 hunting or responsible bowhunting practices before being issued another 52 hunting or bowhunting license. 53 S 6. This act shall take effect immediately.