Bill S2582-2013

Creates junior big game hunting license; describes rights and duties

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.

Details

Actions

  • Jan 8, 2014: REFERRED TO ENVIRONMENTAL CONSERVATION
  • Jan 22, 2013: REFERRED TO ENVIRONMENTAL CONSERVATION

Memo

BILL NUMBER:S2582

TITLE OF BILL: 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

PURPOSE: To lower the hunting age for taking big game in New York to twelve.

SUMMARY OF PROVISIONS:

Section One - amends § 11-0701 subdivision 2 of the environmental conservation law by adding a new paragraph d creating a junior big game license which provides individuals between the ages of twelve and sixteen the same privileges to hunt wild deer and bear as if the person held a big game license.

Section Two - adds a new subdivision 6 to § 11-0929 of the environmental conservation law requiring that an individual hunting with a junior big game license must be supervised by a parent or guardian or an individual over the age of eighteen with written permission from the parent or guardian.

Section Three - amends various sections of the environmental conservation law providing the same restrictions and requirement on junior big game licenses to licenses previously distributed by the department.

Section Four - amends subdivision 2 of § 11-0713 of the environmental conservation law which requires that parents or legal guardians consent to the issuance of the junior big game license and do so by providing their signature.

Section Five - amends subdivision 3 of § 11-0719 of the environmental conservation law which provides that the junior big game license can be revoked in the event the licensee does not adhere to regulations established by the department

Section Six - provides that this act shall take effect immediately.

JUSTIFICATION: Currently, New York is the only state in the Northeast that requires individuals to be sixteen years of age to hunt big game. The ages for surrounding states are as follows:

New Jersey: 10 years old Vermont: No age limit Pennsylvania: 12 years old Connecticut: 12 years old Massachusetts: 12 years old

Having a higher hunting age provides several problems for sportsmen in New York. The first problem is that when educating a young hunter on the skill set for hunting big game, individuals must travel outside

New York. Having them travel outside New York places an additional hurdle on the cultivation of the next generation of hunters across the state. In a time when deer herds have reached astounding numbers, it is essential that we have as many people interested in continuing to hunt as possible.

A secondary problem that stems from individuals traveling outside the state to hunt is the loss of revenues the state faces. Hunters that travel spend money on gas, accommodations, equipment and food that lead to significant tax revenues for municipalities outside the state. Under the current formula, New York loses millions of dollars annually in revenue because it has a higher hunting age than bordering states.

LEGISLATIVE HISTORY: Similar to A.11015 of 2006 2008: A.3878A - Held for Consideration in Environmental Conservation 2010: A.3056 - Referred to Environmental Conservation 5/1/12 Referred to Environmental Conservation

FISCAL IMPLICATIONS: None to state.

EFFECTIVE DATE: This law will take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 2582 2013-2014 Regular Sessions IN SENATE January 22, 2013 ___________
Introduced by Sen. BALL -- 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 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: Section 1. Subdivision 2 of section 11-0701 of the environmental conservation law is amended by adding a new paragraph d to read as follows: D. A JUNIOR BIG GAME LICENSE ENTITLES A RESIDENT HOLDER WHO IS BETWEEN THE AGES OF TWELVE AND SIXTEEN YEARS TO HUNT WILD DEER AND BEAR DURING THE REGULAR BIG GAME SEASON, AS PROVIDED IN TITLE 9 OF THIS ARTICLE, AS IF SUCH PERSON HELD A BIG GAME LICENSE, SUBJECT TO THE PROVISIONS OF SUBDIVISION SIX OF SECTION 11-0929 AND SUBDIVISION THREE OF SECTION 11-0713 OF THIS ARTICLE. IT ENTITLES A NON-RESIDENT HOLDER WHO IS BETWEEN THE AGES OF TWELVE AND SIXTEEN YEARS TO HUNT WILD DEER AND BEAR DURING REGULAR BIG GAME SEASON, AS PROVIDED IN TITLE 9 OF THIS ARTICLE, AS IF SUCH PERSON HELD A NON-RESIDENT BEAR TAG, SUBJECT TO THE PROVISIONS OF SECTION 11-0929 AND SUBDIVISION THREE OF SECTION 11-0713 OF THIS ARTICLE. S 2. Section 11-0929 of the environmental conservation law is amended by adding a new subdivision 6 to read as follows: 6. A JUNIOR BIG GAME LICENSEE, BETWEEN THE AGES OF TWELVE AND SIXTEEN YEARS, SHALL NOT HUNT DEER OR BEAR WITH FIREARMS UNLESS HE OR SHE IS ACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN, OR BY A PERSON OVER EIGHTEEN YEARS OF AGE DESIGNATED IN WRITING BY HIS OR HER PARENT OR LEGAL GUARDIAN WHO HAS AT LEAST ONE YEAR'S EXPERIENCE IN HUNTING DEER OR BEAR, AND SUCH ACCOMPANYING PARENT, LEGAL GUARDIAN, OR PERSON HOLDS A VALID LICENSE ENTITLING HIM OR HER TO HUNT BIG GAME WITH FIREARMS. S 3. Subdivision 2, paragraph b of subdivision 4 and subdivision 6 of section 11-0703 of the environmental conservation law, subdivision 2 as amended by chapter 507 of the laws of 2010, paragraph b of subdivision 4 as amended by chapter 178 of the laws of 2011 and subdivision 6 as
amended by chapter 344 of the laws of 2008, are amended to read as follows: 2. Except as provided in section 11-0704 of this title, no license, permit, tag or stamp is transferable. No person shall alter, change, lend to another or attempt to transfer to another any license or any button, permit, tag or stamp issued therewith. No person, while hunting, shall possess a license, button, permit, tag or stamp which was issued to another person unless actually accompanied by the person to whom such license, button, permit, tag or stamp was issued. No person shall purchase, possess or use more than one junior archery, junior hunting, JUNIOR BIG GAME, small and big game, big game, bowhunting, muzzle-load- ing, sportsman, or resident super-sportsman license or stamp, non-resi- dent bowhunting or muzzle-loading license, non-resident super-sportsman license, non-resident bear tag or special permit for the current license year, except as permitted by regulation of the department. Notwithstand- ing the prohibitions contained in this subdivision, the department may authorize by rule or regulation the transfer of deer management permits, issued pursuant to section 11-0913 of this article, to any person licensed to hunt deer pursuant to this title. b. A person under the age of [fourteen] TWELVE years is ineligible for any license[, other than a junior archery license,] which authorizes the holder to hunt big game. [A] EXCEPT AS PROVIDED IN PARAGRAPH D OF SUBDI- VISION 2 OF SECTION 11-0701 OF THIS TITLE, A person under the age of sixteen years is ineligible for a small and big game, sportsman or resi- dent super-sportsman, non-resident super-sportsman, non-resident big game, non-resident bowhunting license, or bowhunting stamp. A person is ineligible for a small game, small and big game, junior hunting, big game, junior archery, sportsman and resident super-sportsman, non-resi- dent super-sportsman, or non-resident bowhunting or muzzle-loading license unless such person meets the requirements of subdivision 3 of section 11-0713 of this title. 6. a. Except as provided in section 11-0707 and section 11-0709 of this title, no person shall (1) hunt wildlife, other than deer or bear, or take fish with a gun, unless such person holds and is entitled to exercise the privileges of a small game, junior hunting, JUNIOR BIG GAME, small and big game, free sportsman, sportsman or resident super- sportsman, or non-resident super-sportsman license; (2) hunt antlerless deer in a special open season therefor pursuant to subdivision 6 of section 11-0903 of this article unless such person holds and is entitled to exercise the privileges of and has on his or her person while so hunting a JUNIOR BIG GAME, small and big game, big game, junior archery, free sportsman, junior hunting if the licensee is at least fourteen years old, sportsman, resident super-sportsman, non-resident super- sportsman or non-resident bowhunting or muzzle-loading license, and a special antlerless deer license; (3) take fish or frogs in the manner described in subdivision 4 of section 11-0701 of this title unless such person is entitled to exercise the privileges of a fishing license; (4) trap wildlife unless such person holds a trapping license. b. Except as provided in section 11-0707 and section 11-0709 of this title, no resident shall (1) hunt wild deer or bear unless such person holds and is entitled to exercise the privileges of a small and big game, JUNIOR BIG GAME, junior archery, junior hunting if the licensee is at least fourteen years old, free sportsman, sportsman, or resident super-sportsman license, and meets the requirements of this article; (2) hunt wild deer or bear with a longbow in a special longbow season unless such person holds and is entitled to exercise the privileges of a small
and big game, junior archery, free sportsman, sportsman, or resident super-sportsman license with a bowhunting stamp affixed and meets the requirements of this article; or (3) hunt wild deer or bear with a muzzle-loading firearm in a special muzzle-loading firearm season unless such person holds a small and big game, free sportsman, sportsman, junior hunting if the licensee is at least fourteen years old, or resi- dent super-sportsman license with a muzzle-loading stamp affixed and meets the requirements of this article. c. Except as provided in section 11-0707 and section 11-0709 of this title, no non-resident shall (1) hunt wild deer unless such person holds and is entitled to exercise the privileges of a big game, JUNIOR BIG GAME, junior archery, junior hunting if the licensee is at least four- teen years old, non-resident super-sportsman, or non-resident bowhunting or muzzle-loading license; (2) hunt wild deer with a longbow in a special longbow season unless such person holds and is entitled to exer- cise the privileges of a non-resident super-sportsman, non-resident bowhunting, or junior archery license; (3) hunt wild deer with a muzzle-loading firearm in a special muzzle-loading firearm season unless such person holds a non-resident super-sportsman or non-resident muzzle-loading license; (4) hunt wild bear unless such person holds a junior hunting license if the licensee is at least fourteen years old, a junior archery license, or a non-resident bear tag in combination with one of the non-resident deer licenses listed in subparagraph 1, 2 or 3 of this paragraph. S 4. Subdivision 2 of section 11-0713 of the environmental conserva- tion law, as amended by chapter 25 of the laws of 2011, is amended to read as follows: 2. The issuing officer shall not issue a junior archery license to a person between the ages of twelve and sixteen YEARS or a junior hunting license OR JUNIOR BIG GAME LICENSE to a person between the ages of twelve and sixteen years unless at the time of issuance applicant is accompanied by his or her parent or legal guardian who shall consent to the issuance of the license and shall so signify by signing his or her name in ink across the face of it. At no time shall such licenses be issued by mail to persons between the ages of twelve and sixteen years. S 5. Subdivision 3 of section 11-0719 of the environmental conserva- tion law, as amended by chapter 25 of the laws of 2011, is amended to read as follows: 3. A junior hunting license issued to a person who is at least twelve and less than sixteen years of age or a junior archery OR JUNIOR BIG GAME license issued to a person who is between the ages of twelve and sixteen years may be revoked by the department upon proof satisfactory to the department that such person, while under the age of sixteen, has engaged in hunting wildlife with a gun or longbow, in circumstances in which a license is required, while not accompanied by his or her parent, guardian or other adult as provided in section 11-0929 of this article. If such license or privilege is revoked the department shall fix the period of such revocation, which is not to exceed six years. The depart- ment may require that such person successfully complete a department sponsored course and obtain a certificate of qualification in responsi- ble hunting or responsible bowhunting practices before being issued another hunting or bowhunting license. S 6. This act shall take effect immediately.

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