S 8693: Excludes certain amphibians and reptiles from the definition of small game and makes conforming changes.

  
  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.