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.
feedback