NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3348
SPONSOR: Gunther TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to the constitution, in relation to the right to hunt, trap and fish
PURPOSE:
This proposed constitutional amendment would provide within the New York
State Constitution for a right of the people to hunt, trap and fish.
SUMMARY OF PROVISIONS:.
A new Article Twenty would be added to the state constitution to ensure
the right of the law-abiding citizen to hunt, trap and fish subject to
reasonable regulation by the state.
JUSTIFICATION:
The roots of hunting, fishing and trapping go deep into the soil of our
American experience. A way of life to Native Americans and European
settlers and sources of food and commerce, they have since matured
beyond their subsistence origins to become revered outdoor pastimes
enjoyed by 1.7 million New Yorkers and visitors for the pleasure, chal-
lenge, companionship, food and additional income that our outdoor sport-
ing traditions provide.
New York's outdoor sporting traditions have a significant impact on New
York's economy as well: According to the 1996 National Survey of Fish-
ing, Hunting, and Wildlife-Associated Recreation conducted by the U.S.
departments of Interior and Commerce, recreational anglers and hunters
spent more than $2.5 billion in pursuit of their pastimes in New York in
1996. New York hunters and anglers annually spend millions of dollars
for goods and services provided by businesses located throughout the
state. Apart from the cost of their sporting licenses, outdoorsmen's
expenditures support jobs, generate sales and income taxes, and are
integral parts of the tourism industry. Hunters and anglers come from
all over the United States to fish legendary Catskill and Adirondack
streams and enjoy the thrill of the ruffed grouse flushing in our many
forests and state wildlife management areas.
Sportsmen spend money for equipment, bait and tackle, hotels and motels,
restaurants, lodges and camps, grocery and hardware stores, vehicles,
boats, fuel and guide services. The survey found that these expenditures
and their associated economic impact supported 43,000 jobs and generated
$100 million in state sales taxes and $32 million in state income taxes
in New York State in 1996.
New York has invested considerable sums of tax dollars in the acquisi-
tion of land for outdoor recreation, including canoeing, kayaking and
hiking, fishing rights, and hunting. Habitat restoration projects, fund-
ed by the state, are designed in part to enhance fish spawning and the
proliferation of game species. Because of the public dollars and license
fees that have supported game reintroductions and habitat improvements,
the increasing suburbanization of the state, continued loss of open and
wild areas, the distance between the population and our subsistence
roots, and their foundation in our culture and history, particularly in
our rural areas, the time honored and respected pastimes of hunting,
fishing and trapping should be recognized in our constitution as rights
of the people.
LEGISLATIVE HISTORY:
2021-22: A239 referred to Environmental Conservation/S3616 referred to
Judiciary
2019-20: A3701 referred to Environmental Conservation/S688 referred to
Judiciary
2017-18: A534 referred to Environmental Conservation/S1153 referred to
Judiciary
2015-16: A1159 referred to Environmental Conservation/57751 Passed
Senate
2013-14: A1704 referred to Environmental Conservation/S3049 referred to
Judiciary
2011-12: A6864A referred to Environmental Conservation/S2382A passed
Senate
2009-10: 53049 referred to Judiciary 2007-08: 52639 committed to Rules
2005-06: A2047 referred to Environmental Conservation/S158 committed to
Rules
2003-04: A1531A referred to Environmental Conservation/S1771 referred to
Judiciary
2001-02: A11232 referred to Environmental Conservation/S7088 referred to
Judiciary
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
RESOLVED (if theconcur), That the foregoing amendments be referred to
the first regular legislative session convening after the next succeed-
ing general election of members of the assembly, and, in conformity with
section 1 of article 19 of the constitution, be published for 3 months
previous to the time of such election.
STATE OF NEW YORK
________________________________________________________________________
3348
2023-2024 Regular Sessions
IN ASSEMBLY
February 2, 2023
___________
Introduced by M. of A. GUNTHER, STECK, COOK, PALMESANO, J. M. GIGLIO,
BARCLAY, BRABENEC, LEMONDES, NORRIS -- read once and referred to the
Committee on Environmental Conservation
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to the constitution, in relation to the right to
hunt, trap and fish
1 Section 1. Resolved (if the Senate concur), That article 20 of the
2 constitution be renumbered article 21 and a new article 20 be added to
3 read as follows:
4 ARTICLE XX
5 Right to Hunt, Trap and Fish
6 Section 1. Hunting, trapping, and fishing and the taking of wild
7 animals, birds and fish are a valued part of our heritage and will be
8 forever preserved for the people. Fish and wildlife shall be managed by
9 state laws and regulations that provide persons with the continued
10 opportunity to take, by traditional means and methods, species tradi-
11 tionally pursued by hunters, anglers and trappers. Fish and wildlife
12 management, including taking, shall be consistent with the state's duty
13 to protect this heritage and its duty to conserve wild animals, birds,
14 and fish, and shall be subject to reasonable regulation as prescribed by
15 state statute.
16 § 2. Resolved (if the Senate concur), That the foregoing amendment be
17 referred to the first regular legislative session convening after the
18 next succeeding general election of members of the Assembly, and, in
19 conformity with section 1 of article 19 of the constitution, be
20 published for 3 months previous to the time of such election.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89037-01-3
