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A06581 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6581--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 6, 2025
                                       ___________
 
        Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
          tee  on  Environmental  Conservation  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          excluding  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.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10326-06-5

        A. 6581--A                          2
 
     1    §  3.  Paragraph a of subdivision 6 of section 11-0703 of the environ-
     2  mental conservation law, as amended by section 2 of part R of chapter 58
     3  of the laws of 2013, is amended to read as follows:
     4    a.  Except  as provided in section 11-0707 and section 11-0709 of this
     5  title, no person shall (1) hunt wildlife unless such person holds and is
     6  entitled to exercise the privileges  of  a  hunting  license;  (2)  hunt
     7  antlerless  deer  in a special open season therefor pursuant to subdivi-
     8  sion 6 of section 11-0903 of this article unless such person  holds  and
     9  is  entitled to exercise the privileges of and has on [his or her] their
    10  person while so hunting  a  hunting  license,  bowhunting  privilege  or
    11  muzzle-loading  privilege,  and  a  special antlerless deer license; (3)
    12  take fish or [frogs] bullfrogs in the manner described in subdivision  4
    13  of section 11-0701 of this title unless such person is entitled to exer-
    14  cise  the privileges of a fishing license; (4) trap wildlife unless such
    15  person holds a trapping license.
    16    § 4. Paragraph c of subdivision 1 of section 11-0707 of  the  environ-
    17  mental  conservation law, as amended by chapter 721 of the laws of 1975,
    18  is amended to read as follows:
    19    c. to take fish and [frogs] bullfrogs, except that they may  not  take
    20  bait  fish  by  net or trap, all as if they held the licenses defined in
    21  section 11-0701 and required by subdivision  six  of  section  11-0703[,
    22  subdivision 6].
    23    §  5.  Paragraph c of subdivision 3 of section 11-0901 of the environ-
    24  mental conservation law, as amended by section 19 of part EE of  chapter
    25  55 of the laws of 2014, is amended to read as follows:
    26    c.  Wild  small game and wild upland game birds shall be taken only by
    27  longbow or gun, or by the use of raptors as provided in title 10 of this
    28  article, except that:
    29    (1) skunk, raccoon, bobcat, coyote, fox, mink and muskrat may be taken
    30  in any manner not prohibited in this section or in title 11 of [the Fish
    31  and Wildlife Law] this article; and
    32    (2) [frogs] bullfrogs may [also] be taken [by spearing, catching  with
    33  the  hands, or by the use of a club or hook] in any manner determined by
    34  the department in regulation; and
    35    (3) crossbows may be used but only by licensees who are fourteen years
    36  of age or older.
    37    § 6. Paragraph f of subdivision 2 of section 11-0903 of  the  environ-
    38  mental conservation law, as added by chapter 706 of the laws of 2005, is
    39  amended to read as follows:
    40    f.  [frogs, salamanders] bullfrogs, common snapping turtles, [lizards]
    41  and snakes.
    42    § 7. Paragraphs t and u of subdivision 2 of  section  11-0905  of  the
    43  environmental conservation law are REPEALED.
    44    §  8.  Paragraph i of subdivision 2 of section 11-0905 of the environ-
    45  mental conservation law, as amended by chapter 256 of the laws of  1999,
    46  is amended to read as follows:
    47    i. [Frogs] Bullfrogs   Fixed annually        Fixed annually
    48                           by regulation         by regulation
 
    49    §  9.  Paragraph c of subdivision 6 of section 11-0103 of the environ-
    50  mental conservation law, as amended by chapter 706 of the laws of  2005,
    51  is amended and two new paragraphs f and g are added to read as follows:
    52    c.  "Protected  wildlife"  means  wild  game,  protected  wild  birds,
    53  protected insects, wild reptiles, wild amphibians,  species  of  special
    54  concern  and endangered and threatened species of wildlife designated by
    55  the department pursuant to section  11-0535  of  this  article,  species

        A. 6581--A                          3

     1  listed in section 11-0536 of this article and species protected pursuant
     2  to section 11-0311 of this article.
     3     f.  "wild  reptiles" means all native lizards and turtles, other than
     4  common snapping turtles, existing in a wild state.
     5    g. "wild amphibians" means all native toads, salamanders,  newts,  and
     6  frogs, other than bullfrogs, existing in a wild state.
     7    § 10. This act shall take effect immediately.
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