S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4450
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 5, 2013
                                      ___________
       Introduced  by  M. of A. BARCLAY, SALADINO, KOLB, GIGLIO, OAKS, BLANKEN-
         BUSH, TENNEY, PALMESANO -- Multi-Sponsored by  --  M.  of  A.  BUTLER,
         CERETTO, CROUCH, HAWLEY, KATZ, McLAUGHLIN -- read once and referred 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:
    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 6 to read as follows:
   17    6. 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.
                                                                  LBD04762-01-3
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    1  amended by chapter 507 of the laws of 2010, paragraph b of subdivision 4
    2  as  amended by chapter 178 of the laws of 2011, subdivision 6 as amended
    3  by chapter 344 of the laws of 2008, are 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, other than a junior archery license, which  authorizes  the
   23  holder to hunt big game. [A] EXCEPT AS PROVIDED IN PARAGRAPH D OF SUBDI-
   24  VISION  A  OF  SECTION  11-0701 OF THIS TITLE, A person under the age of
   25  sixteen years is ineligible for a small and big game, sportsman or resi-
   26  dent super-sportsman,  non-resident  super-sportsman,  non-resident  big
   27  game,  non-resident bowhunting license, or bowhunting stamp. A person is
   28  ineligible for a small game, small and big  game,  junior  hunting,  big
   29  game,  junior archery, sportsman and resident super-sportsman, non-resi-
   30  dent  super-sportsman,  or  non-resident  bowhunting  or  muzzle-loading
   31  license  unless  such  person meets the requirements of subdivision 3 of
   32  section 11-0713 of this title.
   33    6. a. Except as provided in section 11-0707  and  section  11-0709  of
   34  this  title, no person shall (1) hunt wildlife, other than deer or bear,
   35  or take fish with a gun, unless such person holds  and  is  entitled  to
   36  exercise  the  privileges  of  a  small game, junior hunting, JUNIOR BIG
   37  GAME, small and big game, free sportsman, sportsman or  resident  super-
   38  sportsman,  or non-resident super-sportsman license; (2) hunt antlerless
   39  deer in a special open season therefor  pursuant  to  subdivision  6  of
   40  section 11-0903 of this article unless such person holds and is entitled
   41  to  exercise  the  privileges  of  and has on his or her person while so
   42  hunting a JUNIOR BIG GAME, small and big game, big game, junior archery,
   43  free sportsman, junior hunting if the  licensee  is  at  least  fourteen
   44  years  old,  sportsman,  resident  super-sportsman,  non-resident super-
   45  sportsman or non-resident bowhunting or muzzle-loading  license,  and  a
   46  special  antlerless  deer  license; (3) take fish or frogs in the manner
   47  described in subdivision 4 of section 11-0701 of this title unless  such
   48  person  is entitled to exercise the privileges of a fishing license; (4)
   49  trap wildlife unless such person holds a trapping license.
   50    b. Except as provided in section 11-0707 and section 11-0709  of  this
   51  title,  no  resident shall (1) hunt wild deer or bear unless such person
   52  holds and is entitled to exercise the privileges  of  a  small  and  big
   53  game, JUNIOR BIG GAME, junior archery, junior hunting if the licensee is
   54  at  least  fourteen  years  old,  free sportsman, sportsman, or resident
   55  super-sportsman license, and meets the requirements of this article; (2)
   56  hunt wild deer or bear with a longbow in a special longbow season unless
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    1  such person holds and is entitled to exercise the privileges of a  small
    2  and  big  game,  junior  archery, free sportsman, sportsman, or resident
    3  super-sportsman license with a bowhunting stamp affixed  and  meets  the
    4  requirements  of  this  article;  or  (3)  hunt wild deer or bear with a
    5  muzzle-loading firearm in a special muzzle-loading firearm season unless
    6  such person holds a small  and  big  game,  free  sportsman,  sportsman,
    7  junior  hunting if the licensee is at least fourteen years old, or resi-
    8  dent super-sportsman license with a  muzzle-loading  stamp  affixed  and
    9  meets the requirements of this article.
   10    c.  Except  as provided in section 11-0707 and section 11-0709 of this
   11  title, no non-resident shall (1) hunt wild deer unless such person holds
   12  and is entitled to exercise the privileges of a  big  game,  JUNIOR  BIG
   13  GAME,  junior  archery, junior hunting if the licensee is at least four-
   14  teen years old, non-resident super-sportsman, or non-resident bowhunting
   15  or muzzle-loading license; (2) hunt  wild  deer  with  a  longbow  in  a
   16  special longbow season unless such person holds and is entitled to exer-
   17  cise  the  privileges  of  a  non-resident super-sportsman, non-resident
   18  bowhunting, or junior  archery  license;  (3)  hunt  wild  deer  with  a
   19  muzzle-loading firearm in a special muzzle-loading firearm season unless
   20  such   person  holds  a  non-resident  super-sportsman  or  non-resident
   21  muzzle-loading license; (4) hunt wild bear unless such  person  holds  a
   22  junior hunting license if the licensee is at least fourteen years old, a
   23  junior  archery  license, or a non-resident bear tag in combination with
   24  one of the non-resident deer licenses listed in subparagraph 1, 2  or  3
   25  of this paragraph.
   26    S  4.  Subdivision 2 of section 11-0713 of the environmental conserva-
   27  tion law, as amended by chapter 25 of the laws of 2011,  is  amended  to
   28  read as follows:
   29    2.  The  issuing officer shall not issue a junior archery license to a
   30  person between the ages of twelve and sixteen YEARS or a junior  hunting
   31  OR  JUNIOR  BIG  GAME license to a person between the ages of twelve and
   32  sixteen years unless at the time of issuance applicant is accompanied by
   33  his or her parent or legal guardian who shall consent to the issuance of
   34  the license and shall so signify by signing  his  or  her  name  in  ink
   35  across  the face of it. At no time shall such licenses be issued by mail
   36  to persons between the ages of twelve and sixteen years.
   37    S 5. Subdivision 3 of section 11-0719 of the  environmental  conserva-
   38  tion  law,  as  amended by chapter 25 of the laws of 2011, is amended to
   39  read as follows:
   40    3. A junior hunting license issued to a person who is at least  twelve
   41  and  less  than  sixteen  years of age or a junior archery OR JUNIOR BIG
   42  GAME license issued to a person who is between the ages  of  twelve  and
   43  sixteen  years  may be revoked by the department upon proof satisfactory
   44  to the department that such person, while under the age of sixteen,  has
   45  engaged  in  hunting wildlife with a gun or longbow, in circumstances in
   46  which a license is required, while not accompanied by his or her parent,
   47  guardian or other adult as provided in section 11-0929 of this  article.
   48  If  such  license  or  privilege is revoked the department shall fix the
   49  period of such revocation, which is not to exceed six years. The depart-
   50  ment may require that such person  successfully  complete  a  department
   51  sponsored  course and obtain a certificate of qualification in responsi-
   52  ble hunting or responsible  bowhunting  practices  before  being  issued
   53  another hunting or bowhunting license.
   54    S 6. This act shall take effect immediately.