What's happening
This bill proposes a constitutional amendment to guarantee New Yorkers the right to hunt, trap, and fish, subject to reasonable regulation.
Why it matters
Elevates hunting, trapping, and fishing to a constitutional right in New York. , making it much harder for future legislatures or regulatory bodies to ban or severely restrict these activities without amending the constitution again.
Explicitly frames these activities as part of New York’s cultural heritage. , which could influence future debates about wildlife management, land use, and conservation priorities by prioritizing traditional outdoor activities.
Ensures that any state laws or regulations affecting hunting, trapping, or fishing must balance conservation with access. , potentially limiting the scope of future regulations and requiring policymakers to justify restrictions as “reasonable.”
May impact legal challenges and policy debates. , as individuals could invoke this constitutional right in court to contest new restrictions or changes to hunting, trapping, or fishing rules, giving sportsmen and related organizations a stronger legal standing.
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Who cares
Headline styles
Protect Right to Hunt, Fish
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Right to Hunt
In Assembly Committee · Judiciary · Sponsor Aileen Gunther
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
688
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to the constitution, in relation to the right to hunt, trap and fish
Section 1. Resolved (if the Assembly concur), That article 20 of the constitution be renumbered article 21 and a new article 20 be added to read as follows:
ARTICLE XX
Right to Hunt, Trap and Fish
Section 1. Hunting, trapping, and fishing and the taking of wild animals, birds and fish are a valued part of our heritage and will be forever preserved for the people. Fish and wildlife shall be managed by state laws and regulations that provide persons with the continued opportunity to take, by traditional means and methods, species traditionally pursued by hunters, anglers and trappers. Fish and wildlife management, including taking, shall be consistent with the state's duty to protect this heritage and its duty to conserve wild animals, birds, and fish, and shall be subject to reasonable regulation as prescribed by state statute.
§ 2. Resolved (if the Assembly concur), That the foregoing amendment be referred to the first regular legislative session convening after the next succeeding 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89003-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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.
Read the full memo (604 words)
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 constitu- tion as rights of the people.
Legislative history
2017-2018: S.1153 referred to Judiciary 2016 S. 7751 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: S3049 referred to Judiciary 2007-08: S2639 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 the concur), 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.