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.