S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2582
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   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:
    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 SIX 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
   26  amended by chapter 507 of the laws of 2010, paragraph b of subdivision 4
   27  as amended by chapter 178 of the laws  of  2011  and  subdivision  6  as
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04762-02-3
       S. 2582                             2
    1  amended  by  chapter  344  of  the  laws of 2008, are amended to read as
    2  follows:
    3    2.  Except  as  provided in section 11-0704 of this title, no license,
    4  permit, tag or stamp is transferable. No  person  shall  alter,  change,
    5  lend  to  another  or  attempt to transfer to another any license or any
    6  button, permit, tag or stamp issued therewith. No person, while hunting,
    7  shall possess a license, button, permit, tag or stamp which  was  issued
    8  to another person unless actually accompanied by the person to whom such
    9  license,  button,  permit,  tag  or  stamp  was  issued. No person shall
   10  purchase, possess or use more than one junior archery,  junior  hunting,
   11  JUNIOR  BIG GAME, small and big game, big game, bowhunting, muzzle-load-
   12  ing, sportsman, or resident super-sportsman license or stamp,  non-resi-
   13  dent  bowhunting or muzzle-loading license, non-resident super-sportsman
   14  license, non-resident bear tag or special permit for the current license
   15  year, except as permitted by regulation of the department. Notwithstand-
   16  ing the prohibitions contained in this subdivision, the  department  may
   17  authorize by rule or regulation the transfer of deer management permits,
   18  issued  pursuant  to  section  11-0913  of  this  article, to any person
   19  licensed to hunt deer pursuant to this title.
   20    b. A person under the age of [fourteen] TWELVE years is ineligible for
   21  any license[, other than a junior archery license,] which authorizes the
   22  holder to hunt big game. [A] EXCEPT AS PROVIDED IN PARAGRAPH D OF SUBDI-
   23  VISION 2 OF SECTION 11-0701 OF THIS TITLE, A person  under  the  age  of
   24  sixteen years is ineligible for a small and big game, sportsman or resi-
   25  dent  super-sportsman,  non-resident  super-sportsman,  non-resident big
   26  game, non-resident bowhunting license, or bowhunting stamp. A person  is
   27  ineligible  for  a  small  game, small and big game, junior hunting, big
   28  game, junior archery, sportsman and resident super-sportsman,  non-resi-
   29  dent  super-sportsman,  or  non-resident  bowhunting  or  muzzle-loading
   30  license unless such person meets the requirements of  subdivision  3  of
   31  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
       S. 2582                             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 25 of the laws of 2011, 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 twelve and sixteen YEARS or a junior hunting
   30  license OR JUNIOR BIG GAME LICENSE to  a  person  between  the  ages  of
   31  twelve  and  sixteen  years  unless at the time of issuance applicant is
   32  accompanied by his or her parent or legal guardian who shall consent  to
   33  the  issuance  of the license and shall so signify by signing his or her
   34  name in ink across the face of it. At no time  shall  such  licenses  be
   35  issued by mail 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 25 of the laws of 2011,  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 between the ages of twelve and
   42  sixteen years may be revoked by the department upon  proof  satisfactory
   43  to  the department that such person, while under the age of sixteen, has
   44  engaged in hunting wildlife with a gun or longbow, in  circumstances  in
   45  which a license is required, while not accompanied by his or her parent,
   46  guardian  or other adult as provided in section 11-0929 of this article.
   47  If such license or privilege is revoked the  department  shall  fix  the
   48  period of such revocation, which is not to exceed six years. The depart-
   49  ment  may  require  that  such person successfully complete a department
   50  sponsored course and obtain a certificate of qualification in  responsi-
   51  ble  hunting  or  responsible  bowhunting  practices before being issued
   52  another hunting or bowhunting license.
   53    S 6. This act shall take effect immediately.