NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3216
SPONSOR: Gunther TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
lowering the age for universal hunting licenses from fourteen years old
to twelve years old
PURPOSE:
The purpose of this bill is to lower the minimum age at which an indi-
vidual may obtain universal hunting licenses.
SUMMARY OF PROVISIONS:
Section 1 amends subparagraph of paragraph b of subdivision 3 of section
11-0713 of the environmental conservation law. The age at which one may
obtain a muzzle-loading privilege is lowered from fourteen to twelve.
Section 2 amends paragraph b of subdivision 6 of section 11-0703 of the
environmental conservation law. The age at which one may participate in
a special muzzle-loading season is lowered from fourteen to twelve.
Section 3 amends subdivisions 1 and 2 of section 11-0929 of the environ-
mental conservation law. The clause prohibiting use of a crossbow by
those who are twelve and thirteen is eliminated. A clause is added to
include those who are twelve years old in the rules of parental super-
vision.
Section 4 amends paragraph a of subdivision 1 of section 11-0701 of the
environmental conservation law. The clause excluding those who are
twelve years of age from hunting big game is eliminated.
Section 5 amends subparagraph 3 of paragraph c of subdivision 3 of
section 11-0901 of the environmental conservation law. The age at which
one may use a crossbow is changed from fourteen to twelve.
Section 6 amends section 11-0933 of the environmental conservation law.
The age at which one may use a crossbow to take small game and birds is
changed from fourteen to twelve.
Section 7 provides that this act shall take effect immediately.
JUSTIFICATION:
Hunting and outdoorsman ship are important facets of the culture of New
York State. Many families have long traditions of hunting that define
their way of life. People across New York are eager to pass the tradi-
tions and skills of hunting down to their children. Under current law,
parents are unduly limited in the ways they can pass down the meaningful
practice of hunting to their children.
This bill seeks to remove unnecessary restrictions on the types of weap-
ons that those over twelve years of age may use and the type of game
they may pursue. Removing these restrictions will allow parents to teach
their children the valuable skills and values of hunting at an early
age, and further solidify the tradition of hunting in this state for
generations to come.
LEGISLATIVE HISTORY:
2019-20: A9685 referred to Environmental Conservation/S2968 referred to
Environmental Conservation
2017-18 - S. 3156 - Passed Senate/A. 477 - Environmental Conservation
Committee.
2015-16 - S. 5434 - Rules Committee/A. 8358 - Environmental Conservation
Committee.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediate.
STATE OF NEW YORK
________________________________________________________________________
3216
2021-2022 Regular Sessions
IN ASSEMBLY
January 22, 2021
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
lowering the age for universal hunting licenses from fourteen years
old to twelve years old
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph 3 of paragraph b of subdivision 3 of section
2 11-0713 of the environmental conservation law, as amended by section 3
3 of part R of chapter 58 of the laws of 2013, is amended to read as
4 follows:
5 (3) The issuing officer shall not issue a muzzle-loading privilege to
6 any person unless the applicant presents a hunting license issued to
7 that person for the corresponding license year and such person is at
8 least [fourteen] twelve years old.
9 § 2. Paragraph b of subdivision 6 of section 11-0703 of the environ-
10 mental conservation law, as amended by section 2 of part R of chapter 58
11 of the laws of 2013, is amended to read as follows:
12 b. Except as provided in section 11-0707 and section 11-0709 of this
13 title, no person shall (1) hunt wild deer or bear unless such person
14 holds and is entitled to exercise the privileges of a hunting license,
15 and meets the requirements of this article; (2) hunt wild deer or bear
16 with a longbow in a special longbow season unless such person holds and
17 is entitled to exercise the privileges of a hunting license with a
18 bowhunting privilege and meets the requirements of this article; or (3)
19 hunt wild deer or bear with a muzzle-loading firearm in a special
20 muzzle-loading firearm season unless such person is at least [fourteen]
21 twelve years old and holds a hunting license with a muzzle-loading priv-
22 ilege and meets the requirements of this article.
23 § 3. Subdivisions 1 and 2 of section 11-0929 of the environmental
24 conservation law, subdivision 1 as amended by section 20 of part EE of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02915-01-1
A. 3216 2
1 chapter 55 of the laws of 2014, subdivision 2 as amended by section 13
2 of part R of chapter 58 of the laws of 2013, paragraph a and the opening
3 paragraph of paragraph b of subdivision 2 as amended by section 11 of
4 part EE of chapter 55 of the laws of 2014, subparagraph 6 of paragraph b
5 of subdivision 2 as amended by chapter 192 of the laws of 2016, are
6 amended to read as follows:
7 1. A licensee who is twelve or thirteen years of age shall not hunt
8 wildlife with a gun or a longbow unless he or she is accompanied by his
9 or her parent or legal guardian, or by a person twenty-one years of age
10 or older designated in writing by his or her parent or legal guardian on
11 a form prescribed by the department, who holds a hunting license. [A
12 licensee who is twelve or thirteen years of age shall not hunt with a
13 crossbow.]
14 2. A licensee who is fourteen or fifteen years of age shall not[:
15 a.] hunt wildlife with a gun, crossbow or longbow, other than wild
16 deer or bear as provided in [paragraph b] subdivision three of this
17 [subdivision] section, unless he or she is accompanied by his or her
18 parent or legal guardian holding a hunting license, or by a person eigh-
19 teen years of age or older, designated in writing by his or her parent
20 or legal guardian, holding such license;
21 [b.] 3. a licensee who is twelve, thirteen, fourteen or fifteen years
22 of age, shall not hunt wild deer or bear with a crossbow or gun unless:
23 [(1)] a. he or she is accompanied by his or her parent or a legal
24 guardian, or a youth mentor who is twenty-one years of age or older
25 designated in writing by the parent or legal guardian of the licensee on
26 a form prescribed by the department; and
27 [(2)] b. such parent, guardian or youth mentor has had at least three
28 years of experience in hunting big game; and
29 [(3)] c. such parent, guardian or youth mentor holds a hunting
30 license; and
31 [(4)] d. such parent, guardian or youth mentor maintains physical
32 control over the minor he or she is accompanying at all times while
33 hunting; and
34 [(5)] e. such parent, guardian or youth mentor and the minor he or she
35 is accompanying remain at ground level at all times while hunting; and
36 [(6)] f. such parent, guardian or youth mentor and the minor he or she
37 is accompanying shall each display either a minimum total of two hundred
38 fifty square inches of solid fluorescent orange or pink or patterned
39 fluorescent orange or pink consisting of no less than fifty percent
40 fluorescent orange or pink material worn above the waist and visible
41 from all directions, or a hat or cap with no less than fifty percent of
42 the exterior consisting of solid fluorescent orange or pink material and
43 visible from all directions. For purposes of this [paragraph] subdivi-
44 sion, "physical control" shall mean that the physical proximity of the
45 minor to the parent, guardian or youth mentor is such that the parent,
46 guardian or youth mentor is reasonably able to issue verbal directions
47 and instructions, maintain constant visual contact, and otherwise
48 provide guidance and supervision to the minor.
49 § 4. Paragraph a of subdivision 1 of section 11-0701 of the environ-
50 mental conservation law, as amended by section 21 of part EE of chapter
51 55 of the laws of 2014, is amended to read as follows:
52 a. entitles a holder who is twelve or thirteen years of age to hunt
53 wildlife, [except big game,] as provided in title 9 of this article
54 subject, specifically, to the provisions of section 11-0929 of this
55 article. It entitles such holder to possess firearms as provided in
A. 3216 3
1 section 265.05 of the penal law. [A holder who is twelve or thirteen
2 years of age shall not hunt with a crossbow.]
3 § 5. Subparagraph 3 of paragraph c of subdivision 3 of section 11-0901
4 of the environmental conservation law, as amended by section 19 of part
5 EE of chapter 55 of the laws of 2014, is amended to read as follows:
6 (3) crossbows may be used but only by licensees who are [fourteen]
7 twelve years of age or older.
8 § 6. Section 11-0933 of the environmental conservation law, as added
9 by section 22 of part EE of chapter 55 of the laws of 2014, is amended
10 to read as follows:
11 § 11-0933. Taking small game by crossbow.
12 Notwithstanding any provision of this chapter, or any prior notwith-
13 standing language in this article, the department may, by regulation,
14 authorize the taking of small game and wild upland game birds by the use
15 of a crossbow by any licensed person [fourteen] twelve years of age or
16 older, in any small game season, in any area designated in items (a),
17 (b), (c), (d), (e), (f), (i), (k), and (l) of paragraph a of subdivision
18 two of section 11-0907 of this title in which a shotgun or muzzle loader
19 is permitted.
20 § 7. This act shall take effect immediately.
