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S08693 Summary:

BILL NOS08693
 
SAME ASSAME AS A06581-A
 
SPONSORSALAZAR
 
COSPNSR
 
MLTSPNSR
 
Amd §§11-0103, 11-0701, 11-0703, 11-0707, 11-0901, 11-0903 & 11-0905, rpld §11-0905 sub 2 ¶¶t & u, En Con L
 
Excludes certain amphibians and reptiles from the definition of small game and makes conforming changes.
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S08693 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8693
 
                    IN SENATE
 
                                     January 7, 2026
                                       ___________
 
        Introduced  by  Sen. SALAZAR -- 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
          excluding certain amphibians and reptiles from the definition of small
          game; and to repeal certain provisions of such law relating thereto

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph c of subdivision 2  of  section  11-0103  of  the
     2  environmental conservation law, as amended by chapter 706 of the laws of
     3  2005, is amended to read as follows:
     4    c.  "Small  game" means black, gray and fox squirrels, European hares,
     5  varying hares, cottontail rabbits,  [native  frogs]  bullfrogs,  [native
     6  salamanders,  native]  common snapping turtles, [native lizards,] native
     7  snakes, coyotes, red fox (Vulpes vulpes) and gray  fox  (Urocyon  ciner-
     8  eoargenteus)  except captive bred red fox or gray fox, raccoon, opossum,
     9  or weasel, skunk, bobcat, lynx,  muskrat,  mink,  except  mink  born  in
    10  captivity,  fisher, otter, beaver, sable and marten but does not include
    11  coydogs.
    12    § 2. Subdivision 4 of section 11-0701 of the  environmental  conserva-
    13  tion  law, as amended by section 1-a of part R of chapter 58 of the laws
    14  of 2013, is amended to read as follows:
    15    4. A fishing license entitles the holder  to  take  fish  by  angling,
    16  spearing,  hooking,  longbow  and  tipups,  to  take [frogs by spearing,
    17  catching with the hands or by use of a club or  hook,]  bullfrogs  in  a
    18  manner  determined by the department in regulation and to take bait fish
    19  for personal use, as provided in titles 9 and 13 of this article, except
    20  that such license shall not entitle the holder to take migratory fish of
    21  the sea or to take fish from the waters of the marine district.
    22    § 3. Paragraph a of subdivision 6 of section 11-0703 of  the  environ-
    23  mental conservation law, as amended by section 2 of part R of chapter 58
    24  of the laws of 2013, is amended to read as follows:
    25    a.  Except  as provided in section 11-0707 and section 11-0709 of this
    26  title, no person shall (1) hunt wildlife unless such person holds and is
    27  entitled to exercise the privileges  of  a  hunting  license;  (2)  hunt
    28  antlerless  deer  in a special open season therefor pursuant to subdivi-
    29  sion 6 of section 11-0903 of this article unless such person  holds  and
    30  is  entitled to exercise the privileges of and has on [his or her] their
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10326-07-5

        S. 8693                             2
 
     1  person while so hunting  a  hunting  license,  bowhunting  privilege  or
     2  muzzle-loading  privilege,  and  a  special antlerless deer license; (3)
     3  take fish or [frogs] bullfrogs in the manner described in subdivision  4
     4  of section 11-0701 of this title unless such person is entitled to exer-
     5  cise  the privileges of a fishing license; (4) trap wildlife unless such
     6  person holds a trapping license.
     7    § 4. Paragraph c of subdivision 1 of section 11-0707 of  the  environ-
     8  mental  conservation law, as amended by chapter 721 of the laws of 1975,
     9  is amended to read as follows:
    10    c. to take fish and [frogs] bullfrogs, except that they may  not  take
    11  bait  fish  by  net or trap, all as if they held the licenses defined in
    12  section 11-0701 and required by subdivision  six  of  section  11-0703[,
    13  subdivision 6].
    14    §  5.  Paragraph c of subdivision 3 of section 11-0901 of the environ-
    15  mental conservation law, as amended by section 19 of part EE of  chapter
    16  55 of the laws of 2014, is amended to read as follows:
    17    c.  Wild  small game and wild upland game birds shall be taken only by
    18  longbow or gun, or by the use of raptors as provided in title 10 of this
    19  article, except that:
    20    (1) skunk, raccoon, bobcat, coyote, fox, mink and muskrat may be taken
    21  in any manner not prohibited in this section or in title 11 of [the Fish
    22  and Wildlife Law] this article; and
    23    (2) [frogs] bullfrogs may [also] be taken [by spearing, catching  with
    24  the  hands, or by the use of a club or hook] in any manner determined by
    25  the department in regulation; and
    26    (3) crossbows may be used but only by licensees who are fourteen years
    27  of age or older.
    28    § 6. Paragraph f of subdivision 2 of section 11-0903 of  the  environ-
    29  mental conservation law, as added by chapter 706 of the laws of 2005, is
    30  amended to read as follows:
    31    f.  [frogs, salamanders] bullfrogs, common snapping turtles, [lizards]
    32  and snakes.
    33    § 7. Paragraphs t and u of subdivision 2 of  section  11-0905  of  the
    34  environmental conservation law are REPEALED.
    35    §  8.  Paragraph i of subdivision 2 of section 11-0905 of the environ-
    36  mental conservation law, as amended by chapter 256 of the laws of  1999,
    37  is amended to read as follows:
    38    i. [Frogs] Bullfrogs   Fixed annually        Fixed annually
    39                           by regulation         by regulation
 
    40    §  9.  Paragraph c of subdivision 6 of section 11-0103 of the environ-
    41  mental conservation law, as amended by chapter 706 of the laws of  2005,
    42  is amended and two new paragraphs f and g are added to read as follows:
    43    c.  "Protected  wildlife"  means  wild  game,  protected  wild  birds,
    44  protected insects, wild reptiles, wild amphibians,  species  of  special
    45  concern  and endangered and threatened species of wildlife designated by
    46  the department pursuant to section  11-0535  of  this  article,  species
    47  listed in section 11-0536 of this article and species protected pursuant
    48  to section 11-0311 of this article.
    49     f.  "wild  reptiles" means all native lizards and turtles, other than
    50  common snapping turtles, existing in a wild state.
    51    g. "wild amphibians" means all native toads, salamanders,  newts,  and
    52  frogs, other than bullfrogs, existing in a wild state.
    53    § 10. This act shall take effect immediately.
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