Bill Text: NY A00924 | 2009-2010 | General Assembly | Amended
Bill Title: Authorizes the department of environmental conservation to promulgate standards authorizing hunting with a crossbow.
Spectrum: Bipartisan Bill
Status: (Passed) 2010-09-17 - signed chap.483 [A00924 Detail]
Download: New_York-2009-A00924-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
924--E
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. DelMONTE, GORDON, GIGLIO, GABRYSZAK, POWELL,
SCHROEDER, LUPARDO, FIELDS -- Multi-Sponsored by -- M. of A. ALESSI,
AMEDORE, BACALLES, BARCLAY, CORWIN, CROUCH, HAWLEY, KELLNER, MAGEE,
MAGNARELLI, MOLINARO, O'MARA, QUINN, RABBITT, SCOZZAFAVA, TITONE,
TOWNSEND -- read once and referred to the Committee on Environmental
Conservation -- recommitted to the Committee on Environmental Conser-
vation in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, ordered reprinted as amended and recommitted to said committee
-- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee -- again reported from said
committee with amendments, ordered reprinted as amended and recommit-
ted to said committee
AN ACT to amend the environmental conservation law, in relation to hunt-
ing by crossbow; and providing for the repeal of certain provisions
upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraphs b and c of subdivision 4 of section 11-0901 of
2 the environmental conservation law, as amended by chapter 600 of the
3 laws of 1993, subparagraph 5 of paragraph b and subparagraph 5 of para-
4 graph c as amended by chapter 430 of the laws of 2000, are amended to
5 read as follows:
6 b. No person shall hunt deer:
7 (1) with the aid of a dog, or aircraft of any kind; or
8 (2) with the aid of a jacklight, spotlight, headlight or other type of
9 artificial light; or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01129-15-0
A. 924--E 2
1 (3) with a pistol, revolver or rifle using rim-fire ammunition; or
2 (4) with a shotgun of less than twenty gauge or loaded with shells
3 other than shells each carrying a single round ball or a single slug,
4 provided however, the use of a shotgun of twenty gauge or larger having
5 a rifled barrel or a smooth bore barrel fitted with a rifled choke,
6 loaded with shells each carrying a single round ball or a single slug,
7 shall not be prohibited so long as only shells having a non-metallic
8 case, except for the base, are used; or
9 (5) with [a bow other than] a long bow with a draw weight [in excess]
10 of LESS THAN thirty-five pounds; or
11 (6) with an arrow OR BOLT with an arrowhead that measures less than
12 seven-eighths of an inch at its widest point or that has fewer than two
13 sharp cutting edges; or
14 (7) with the aid of a pre-established bait pile other than those areas
15 established by standard agricultural production practices; or
16 (8) with an arrow OR BOLT with a barbed broadhead arrowhead; OR
17 (9) WITH A CROSSBOW UNLESS SUCH CROSSBOW SHALL CONSIST OF A BOW AND
18 STRING, EITHER COMPOUND OR RECURVE, THAT LAUNCHES A MINIMUM FOURTEEN
19 INCH BOLT, NOT INCLUDING POINT, MOUNTED UPON A STOCK WITH A TRIGGER THAT
20 HOLDS THE STRING AND LIMBS UNDER TENSION UNTIL RELEASED. THE TRIGGER
21 UNIT OF SUCH CROSSBOW MUST HAVE A WORKING SAFETY. THE MINIMUM LIMB WIDTH
22 OF SUCH CROSSBOW SHALL BE SEVENTEEN INCHES, HAVE A MINIMUM PEAK DRAW
23 WEIGHT OF ONE HUNDRED POUNDS AND A MAXIMUM PEAK DRAW WEIGHT OF TWO
24 HUNDRED POUNDS. THE MINIMUM OVERALL LENGTH OF SUCH CROSSBOW FROM BUTT TO
25 STOCK TO FRONT OF LIMBS SHALL BE TWENTY-FOUR INCHES.
26 c. No person shall hunt bear:
27 (1) with the aid of a dog, or aircraft of any kind; or
28 (2) with the aid of a jacklight, spotlight, headlight or other type of
29 artificial light; or
30 (3) with a pistol, revolver or rifle using rim-fire ammunition; or
31 (4) with a shotgun of less than twenty gauge or loaded with shells
32 other than shells each carrying a single round ball or a single slug,
33 provided however, the use of a shotgun of twenty gauge or larger having
34 a rifled barrel or a smooth bore barrel fitted with a rifled choke,
35 loaded with shells each carrying a single round ball or a single slug,
36 shall not be prohibited so long as only shells having a non-metallic
37 case, except for the base, are used; or
38 (5) with [a bow other than] a long bow with a draw weight [in excess]
39 of LESS THAN thirty-five pounds; or
40 (6) with an arrow OR BOLT with an arrowhead that measures less than
41 seven-eighths of an inch at its widest point or that has fewer than two
42 sharp cutting edges; or
43 (7) with the aid of a pre-established bait pile other than those areas
44 established by standard agricultural production practices; or
45 (8) with an arrow OR BOLT with a barbed broadhead arrowhead; OR
46 (9) WITH A CROSSBOW UNLESS SUCH CROSSBOW SHALL CONSIST OF A BOW AND
47 STRING, EITHER COMPOUND OR RECURVE, THAT LAUNCHES A MINIMUM FOURTEEN
48 INCH BOLT, NOT INCLUDING POINT, MOUNTED UPON A STOCK WITH A TRIGGER THAT
49 HOLDS THE STRING AND LIMBS UNDER TENSION UNTIL RELEASED. THE TRIGGER
50 UNIT OF SUCH CROSSBOW MUST HAVE A WORKING SAFETY. THE MINIMUM LIMB WIDTH
51 OF SUCH CROSSBOW SHALL BE SEVENTEEN INCHES, HAVE A MINIMUM PEAK DRAW
52 WEIGHT OF ONE HUNDRED POUNDS AND A MAXIMUM PEAK DRAW WEIGHT OF TWO
53 HUNDRED POUNDS. THE MINIMUM OVERALL LENGTH OF SUCH CROSSBOW FROM BUTT TO
54 STOCK TO FRONT OF LIMBS SHALL BE TWENTY-FOUR INCHES.
A. 924--E 3
1 S 2. Paragraph d of subdivision 4 of section 11-0901 of the environ-
2 mental conservation law, as amended by chapter 600 of the laws of 1993,
3 is amended to read as follows:
4 d. The use upon land inhabited by deer or bear of a jacklight, spot-
5 light or other type of artificial light by any person who is or is
6 accompanied by a person who is in possession, at the time of such use,
7 of a long bow, a crossbow or firearm of any kind, shall be presumptive
8 evidence that such person is hunting deer or bear with the aid of such
9 light, in violation of this subdivision, unless:
10 (1) such long bow is unstrung, or such a firearm OR CROSSBOW is taken
11 down, or securely fastened in a case, or locked in the trunk of a vehi-
12 cle, or
13 (2) the firearm is a pistol or revolver, or
14 (3) the firearm is not in or on a motor vehicle and is a rifle
15 designed or adapted for use of rim-fire ammunition and neither the
16 person in possession of the gun, nor any member of his party, has in his
17 possession any twenty-two caliber ammunition other than twenty-two cali-
18 ber rim-fire ammunition, or
19 (4) the firearm is not in or on a motor vehicle and is a shotgun and
20 neither the person in possession of the gun, nor any member of his
21 party, has in his possession ammunition other than shells loaded with
22 scatter shot of size number four or smaller.
23 S 3. Subdivision 2 of section 11-0931 of the environmental conserva-
24 tion law, as amended by section 50 of part F of chapter 82 of the laws
25 of 2002, is amended to read as follows:
26 2. No firearm OR CROSSBOW except a pistol or revolver shall be carried
27 or possessed in or on a motor vehicle unless it is unloaded, FOR A
28 FIREARM in both the chamber and the magazine, except that a loaded
29 firearm which may be legally used for taking migratory game birds may be
30 carried or possessed in a motorboat while being legally used in hunting
31 migratory game birds, and no person except a law enforcement officer in
32 the performance of his official duties shall, while in or on a motor
33 vehicle, use a jacklight, spotlight or other artificial light upon lands
34 inhabited by deer if he is in possession or is accompanied by a person
35 who is in possession, at the time of such use, of a longbow, crossbow or
36 a firearm of any kind except a pistol or revolver, unless such longbow
37 is unstrung or such firearm OR CROSSBOW is taken down or securely
38 fastened in a case or locked in the trunk of the vehicle. For purposes
39 of this subdivision, motor vehicle shall mean every vehicle or other
40 device operated by any power other than muscle power, and which shall
41 include but not be limited to automobiles, trucks, motorcycles, trac-
42 tors, trailers and motorboats, snowmobiles and snowtravelers, whether
43 operated on or off public highways. Notwithstanding the provisions of
44 this subdivision, the department may issue a permit to any person who is
45 non-ambulatory, except with the use of a mechanized aid, to possess a
46 loaded firearm in or on a motor vehicle as defined in this section,
47 subject to such restrictions as the department may deem necessary in the
48 interest of public safety, and for a fee of five dollars. Nothing in
49 this section permits the possession of a pistol or a revolver contrary
50 to the penal law.
51 S 4. Subdivision 15 of section 11-0901 of the environmental conserva-
52 tion law, as amended by chapter 81 of the laws of 1988, is amended to
53 read as follows:
54 15. Notwithstanding any inconsistent provision of this section, the
55 department may [issue a permit to take] ADOPT REGULATIONS TO ALLOW THE
56 TAKING OF big game or small game by the use of a LONG bow equipped with
A. 924--E 4
1 a mechanical device for holding and releasing the bowstring, attached to
2 the handle section of an otherwise legal LONG bow, to any person WITH A
3 PHYSICAL DISABILITY who is [permanently] physically incapable of drawing
4 and holding a LONG bow because of a physical [handicap or] disability,
5 subject to such restrictions as the department may [deem necessary in
6 the interest of public safety] ADOPT BY REGULATION. FOR THE PURPOSE OF
7 THIS SUBDIVISION, A PERSON WITH A PHYSICAL DISABILITY SHALL MEAN ANY
8 PERSON WHO SUBMITS TO THE DEPARTMENT A STATEMENT OF A PHYSICIAN DULY
9 LICENSED TO PRACTICE MEDICINE THAT SUCH PERSON IS PHYSICALLY INCAPABLE
10 OF ARM MOVEMENT SUFFICIENT TO DRAW, HOLD AND RELEASE A LONG BOW AS
11 DEFINED IN SUBDIVISION 4 OF THIS SECTION OR AS OTHERWISE DEFINED IN
12 DEPARTMENT REGULATION. THE DEPARTMENT IS AUTHORIZED TO ADOPT REGULATIONS
13 REQUIRING DOCUMENTATION TO ESTABLISH THAT AN APPLICANT IS ELIGIBLE TO
14 USE A MECHANICAL DEVICE PURSUANT TO THIS SUBDIVISION.
15 S 5. Section 11-0901 of the environmental conservation law is amended
16 by adding a new subdivision 17 to read as follows:
17 17. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, THE
18 DEPARTMENT MAY, BY REGULATION, AUTHORIZE THE TAKING OF BIG GAME BY THE
19 USE OF A CROSSBOW BY ANY LICENSED PERSON IN ANY BIG GAME SEASON IN WHICH
20 THE USE OF A SHOTGUN OR MUZZLE LOADER IS PERMITTED, PROVIDED HOWEVER
21 THAT ANY SUCH AUTHORIZED TAKING OF BIG GAME BY THE USE OF A CROSSBOW IN
22 A SEASON OR SPECIAL SEASON IN WHICH THE MUZZLE LOADER IS THE ONLY
23 FIREARM PERMITTED SHALL SUCCEED THE REGULAR OPEN HUNTING SEASON FOR DEER
24 ESTABLISHED PURSUANT TO SECTION 11-0907 OF THIS TITLE.
25 S 6. Subdivision 11 of section 11-0701 of the environmental conserva-
26 tion law, as amended by chapter 344 of the laws of 2008, is amended to
27 read as follows:
28 11. A muzzle-loading stamp when affixed to a resident license which
29 authorizes the holder to hunt big game entitles a holder who is fourteen
30 years of age or older to hunt wild deer and bear with a muzzle-loading
31 firearm OR CROSSBOW, as provided in title 9 of this article, in a
32 special muzzle-loading firearm season.
33 S 7. Subdivision 14 of section 11-0701 of the environmental conserva-
34 tion law, as amended by section 16 of part F of chapter 82 of the laws
35 of 2002, is amended to read as follows:
36 14. A non-resident muzzle-loading license entitles a person who has
37 not been a resident of the state for more than thirty days to hunt wild
38 deer with a muzzle-loading firearm OR CROSSBOW in a special muzzle-load-
39 ing season as provided in title 9 of this article and, when accompanied
40 by a non-resident bear tag, entitles the holder to hunt bear with a
41 muzzleloader during the open bear season.
42 S 8. Paragraph g of subdivision 7 of section 11-0903 of the environ-
43 mental conservation law, as amended by chapter 143 of the laws of 1982,
44 is amended to read as follows:
45 g. Such a season shall be fixed only in towns or parts thereof where
46 the discharge of firearms is not prohibited by town ordinance, and deer
47 shall be taken only by means of shotguns using a single ball or slug or
48 muzzle loading firearms OR CROSSBOW;
49 S 9. Paragraph a of subdivision 1 of section 11-0907 of the environ-
50 mental conservation law, as amended by section 37 of part F of chapter
51 82 of the laws of 2002, is amended to read as follows:
52 a. Wild deer without antlers or having antlers measuring less than
53 three inches in length shall not be taken unless it is taken (1) by long
54 bow in a special long bow season established in subdivision 3 of this
55 section, or (2) by muzzle-loading firearm OR CROSSBOW in a special
56 muzzle-loading firearm season established in subdivision 8 of this
A. 924--E 5
1 section, or (3) by long bow in Westchester and Suffolk Counties in a
2 year in which a regular season for deer of either sex is established for
3 such counties, or (4) in a special open season for deer of either sex
4 fixed by regulation pursuant to subdivision 5 or 7 of section 11-0903 of
5 this title, or (5) pursuant to a special antlerless deer license in a
6 special open season for antlerless deer in a tract within a Wilderness
7 Hunting Area fixed by regulation pursuant to subdivision 6 of section
8 11-0903 of this title, or (6) pursuant to a deer management permit by a
9 person eligible to take such deer pursuant thereto as provided in
10 section 11-0913 of this title, or (7) pursuant to a permit issued to an
11 eligible non-ambulatory person, pursuant to subdivision 2 of section
12 11-0931 of this title, while in possession of a valid license issued by
13 the department which authorizes the holder to hunt big game. Nothing in
14 this subparagraph shall be construed to limit the power of the depart-
15 ment to designate by regulation an area or areas of the state consisting
16 of a county or part of a county where such season shall apply and wheth-
17 er the number of such special permits shall be limited.
18 S 10. Paragraphs a and b of subdivision 8 of section 11-0907 of the
19 environmental conservation law, paragraph a as amended by section 45 of
20 part F of chapter 82 of the laws of 2002 and paragraph b as amended by
21 chapter 241 of the laws of 1997, are amended to read as follows:
22 a. In every area identified in column one of the table set forth in
23 subdivision 2 of this section, except those areas restricted to special
24 seasons for taking deer by longbow only, special open seasons may be
25 established by regulation for taking deer and/or bear, by the use of
26 muzzle-loading firearms, of not less than .44 caliber shooting a single
27 projectile, OR BY THE USE OF A CROSSBOW, by the holders of a small and
28 big game, sportsman or free sportsman license to which a valid muzzle-
29 loading stamp is affixed or to holders of a resident or non-resident
30 super-sportsman, or non-resident muzzle-loading license.
31 b. Such special open season for the Southern Zone shall be for the
32 seven day period immediately preceding the regular open season for deer
33 stated in column two of the table set forth in subdivision 2, except
34 that the department may, by regulation, fix such open season in the
35 Southern Zone or any portion thereof to be either the seven days imme-
36 diately preceding or immediately following the regular open season for
37 deer, PROVIDED, HOWEVER, THAT ANY TAKING OF DEER OR BEAR BY THE USE OF A
38 CROSSBOW IN A SEASON OR SPECIAL SEASON IN WHICH THE MUZZLE LOADER IS THE
39 ONLY FIREARM PERMITTED SHALL SUCCEED THE REGULAR OPEN HUNTING SEASON FOR
40 DEER ESTABLISHED PURSUANT TO SUBDIVISION 2 OF THIS SECTION.
41 S 11. Paragraph a of subdivision 2 of section 11-0907 of the environ-
42 mental conservation law, as amended by chapter 600 of the laws of 1993,
43 item (b) as amended by chapter 600 of the laws of 2005, items (d) and
44 (f) as separately amended by chapter 600 of the laws of 2005 and chapter
45 108 of the laws of 1995, and item (i) as amended by chapter 441 of the
46 laws of 2009, is amended to read as follows:
47 a. Regular open hunting seasons for deer are established separately
48 for the named regions or parts of regions, or named counties listed in
49 column one of the table set forth in this subdivision, and are specified
50 as seasons for taking by pistol, rifle, shotgun, CROSSBOW or long bow,
51 or for taking by shotgun or long bow only, or for taking by long bow
52 only, as indicated in column three entitled "Manner of Taking". Where
53 taking of big game by shotgun is permitted by this chapter such shotgun
54 may contain rifling in all or a portion of the barrel, provided, howev-
55 er, if the barrel or a portion thereof does contain rifling only shells
56 having non-metallic cases, except for the base, may be used. In the
A. 924--E 6
1 areas identified in column one except in the "closed areas" specified in
2 subdivision 5 the game specified in column two may be taken in the open
3 season stated in column two immediately following the specification of
4 the game, in the manner specified in column three.
5 TABLE
6 Column One Column Two Column Three
7 Area Game and Open Season Manner of Taking
8 (a) Northern Zone Deer, next to last Pistol, rifle,
9 Saturday in October shotgun,
10 through first Sunday CROSSBOW
11 in December or long bow
12 (b) Catskill region Deer, first Monday Pistol, rifle,
13 except Delaware, after November 15 shotgun,
14 Greene, Sullivan, through first Tuesday CROSSBOW
15 Ulster counties after December 7 or long bow
16 and those counties
17 or portions thereof
18 listed in item (i)
19 of this paragraph
20 (c) Counties of Deer, first Monday Pistol, rifle,
21 Delaware, Greene, after November 15 shotgun,
22 Sullivan and Ulster through first Tuesday CROSSBOW
23 after December 7 or long bow
24 (d) Eastern region, Deer, first Monday Pistol, shotgun,
25 except Columbia, after November 15 CROSSBOW,
26 Fulton, Orange, through first Tuesday muzzle loading firearm
27 Rensselaer, Saratoga, after December 7 or long bow only
28 Washington Counties
29 and those counties
30 or portions thereof
31 listed in item (i)
32 of this paragraph
33 (e) Fulton, Saratoga, Deer, first Monday Pistol, rifle,
34 Washington (parts after November 15 shotgun,
35 in the Southern through first Tuesday CROSSBOW
36 zone), Columbia after December 7 or long bow
37 Orange, and
38 Rensselaer
39 counties
40 (f) Southern tier, Deer, first Monday Pistol, shotgun,
41 central and Western after November 15 CROSSBOW,
42 region, except those through first Tuesday muzzle loading firearm
43 counties or portions after December 7 or long bow only
44 thereof listed in
45 item (i) of this
46 paragraph
47 (g) Westchester Deer of either sex, long bow only
A. 924--E 7
1 County November 1 through
2 December 31
3 (h) Suffolk County Deer of either sex long bow only
4 Second Monday in
5 November through
6 December thirty-first
7 (i) The counties of Deer, the first Monday Pistol, shotgun,
8 Allegany, after November 15 CROSSBOW,
9 Cattaraugus, Chemung, through first Tuesday muzzle loading
10 Chenango, Herkimer, after December 7 firearm, rifle or
11 Madison, long bow only
12 Montgomery, Oneida,
13 Oswego, Otsego,
14 Schoharie, Schuyler,
15 Steuben,
16 Tioga and Yates
17 and that portion of
18 the county of
19 Broome east of the
20 Susquehanna river
21 S 12. Paragraph a of subdivision 2 of section 11-0907 of the environ-
22 mental conservation law, as amended by chapter 95 of the laws of 1974,
23 the opening paragraph as amended by chapter 11 of the laws of 1988,
24 column 2 of item a as amended by chapter 344 of the laws of 1979, items
25 (b), (d) and (f) as amended and item (i) as added by chapter 600 of the
26 laws of 2005, column 2 of item (g) as amended by chapter 92 of the laws
27 of 1980, item (h) as added by chapter 643 of the laws of 1977, column 2
28 of item (h) as amended by chapter 332 of the laws of 1986, is amended to
29 read as follows:
30 a. Regular open hunting seasons for big game are established separate-
31 ly for the named regions or parts of regions, or named counties listed
32 in column one of the table set forth in this subdivision, and are speci-
33 fied as seasons for taking by pistol, rifle, shotgun, CROSSBOW or long
34 bow, or for taking by shotgun or long bow only, or for taking by long
35 bow only, as indicated in column three entitled "Manner of Taking".
36 Where taking of big game by shotgun is permitted by this chapter such
37 shotgun may contain rifling in all or a portion of the barrel, provided,
38 however, if the barrel or a portion thereof does contain rifling only
39 shells having non-metallic cases, except for the base, may be used. In
40 the areas identified in column one except in the "closed areas" speci-
41 fied in subdivision 5 the game specified in column two may be taken in
42 the open season stated in column two immediately following the specifi-
43 cation of the game, in the manner specified in column three.
44 TABLE
45 Column One Column Two Column Three
46 Area Game and Open Season Manner of Taking
47 (a) Northern Zone Deer and bear, next Pistol, rifle,
48 to last Saturday in shotgun, CROSSBOW
49 October through first or long bow
50 Sunday in December
A. 924--E 8
1 (b) Catskill region Deer and bear, first Pistol, rifle,
2 except Delaware, Monday after shotgun, CROSSBOW
3 Greene, Sullivan, November 15 through or long bow
4 Ulster counties first Tuesday after
5 and those counties December 7
6 or portions thereof
7 listed in item (i)
8 of this paragraph
9 (c) Counties of Deer, first Monday Pistol, rifle,
10 Delaware, Greene, after November 15 shotgun,
11 Sullivan and Ulster through first Tuesday CROSSBOW
12 after December 7; or long bow
13 Bear, first Monday
14 after November 15
15 through second
16 Tuesday after
17 December 7
18 (d) Eastern region, Deer and bear, Pistol, shotgun,
19 except Columbia, first Monday after CROSSBOW,
20 Fulton, Orange, November 15 through muzzle loading firearm
21 Rensselaer, Saratoga, first Tuesday after or long bow only
22 Washington Counties December 7
23 and those counties
24 or portions thereof
25 listed in item (i)
26 of this paragraph
27 (e) Fulton, Saratoga, Deer and bear, first Pistol, rifle,
28 Washington (parts Monday after November shotgun,
29 in the Southern 15 through first CROSSBOW
30 zone), Columbia, Tuesday after or long bow
31 Orange, and December 7
32 Rensselaer
33 counties
34 (f) Southern tier, Deer and bear, first Pistol, shotgun,
35 central and Western Monday after November CROSSBOW,
36 region, except those 15 through first muzzle loading firearm
37 counties or portions Tuesday after or long bow only
38 thereof listed in December 7
39 item (i) of this
40 paragraph
41 (g) Westchester Deer of either sex, Long bow only
42 County November 1 through
43 December 31
44 (h) Suffolk County Deer of either sex long bow only
45 Second Monday in
46 November through
47 December thirty-first
48 (i) The counties of Deer and bear, the Pistol, shotgun,
49 Allegany, first Monday after CROSSBOW,
A. 924--E 9
1 Cattaraugus, November 15 through muzzle loading
2 Chenango, Herkimer, first Tuesday after firearm, rifle or
3 Montgomery, Oneida, December 7 long bow only
4 Oswego, Otsego,
5 Schoharie and Tioga
6 and that portion of
7 the county of
8 Broome east of the
9 Susquehanna river
10 S 13. Subdivision 4 of section 11-0931 of the environmental conserva-
11 tion law, subparagraph 3 of paragraph a as added by chapter 400 of the
12 laws of 1973 and subparagraph 4 of paragraph a as added by chapter 67 of
13 the laws of 1976, is amended to read as follows:
14 4. a. No person shall:
15 (1) discharge a firearm, CROSSBOW or long bow in such a way as will
16 result in the load, BOLT or arrow thereof passing over a public highway
17 or any part thereof;
18 (2) discharge a firearm, CROSSBOW or long bow within five hundred feet
19 from a dwelling house, farm building or farm structure actually occupied
20 or used, school building, school playground, or occupied factory or
21 church;
22 (3) use a firearm, CROSSBOW or a long bow for the hunting of migratory
23 game birds in Larchmont Harbor, specifically those portions bounded by
24 the following points of land:
25 BEGINNING AT A POINT KNOWN AS UMBRELLA POINT ON THE EAST SHORE OF
26 LARCHMONT HARBOR THEN PROCEEDING IN A NORTHERLY DIRECTION TO CEDAR
27 ISLAND; THENCE NORTHWESTERLY TO MONROE INLET; THENCE NORTHEASTERLY TO
28 DELANCY COVE BEING IN THE TOWN OF MAMARONECK; THENCE IN A SOUTHWESTERLY
29 DIRECTION FROM DELANCY COVE TO GREACEN POINT; THENCE RUNNING THE AREA
30 BETWEEN DELANCY COVE AND THE WEST SHORE OF SATANS TOE NORTHEAST; THENCE
31 SOUTHEAST THEN ALONG THE WEST SHORE OF SATANS TOE SOUTHWEST AND THEN
32 SOUTH TO THE SOUTHERLY POINT OF SATANS TOE TO EDGEWATER POINT.
33 (4) Use of a firearm, CROSSBOW or a long bow for the hunting of migra-
34 tory game birds in Udall's Cove, specifically those portions of Little
35 Neck Bay within Nassau and Queens counties lying east of a line running
36 north from the foot of Douglaston Parkway to the shore opposite.
37 b. The prohibitions contained in subparagraph 2 of paragraph a above
38 shall not apply to:
39 (1) The owner or lessee of the dwelling house, or members of his imme-
40 diate family actually residing therein, or a person in his employ, or
41 the guest of the owner or lessee of the dwelling house acting with the
42 consent of said owner or lessee, provided however, that nothing herein
43 shall be deemed to authorize such persons to discharge a firearm, CROSS-
44 BOW or longbow within five hundred feet of any other dwelling house, or
45 a farm building or farm structure actually occupied or used, or a school
46 building or playground or occupied factory or church;
47 (2) Programs conducted by public schools offering instruction and
48 training in the use of firearms, CROSSBOW or long bow;
49 (3) The authorized use of a pistol, rifle or target range regularly
50 operated and maintained by a police department or other law enforcement
51 agency or by any duly organized membership corporation;
52 (4) The discharge of a shotgun over water by a person hunting migrato-
53 ry game birds if no dwelling house or public structure, livestock or
54 person is situated in the line of discharge less than five hundred feet
55 from the point of discharge.
A. 924--E 10
1 S 14. Paragraph c of subdivision 5 of section 11-0931 of the environ-
2 mental conservation law, as amended by chapter 309 of the laws of 2006,
3 is amended to read as follows:
4 c. In the Northern Zone no person, while engaged in hunting with the
5 aid of a dog or while afield accompanied by a dog, shall possess a rifle
6 larger than .22 caliber using rim-fire ammunition or possess a shotgun
7 loaded with a slug, ball or buckshot, OR POSSESS A CROSSBOW; but this
8 paragraph does not apply to persons, engaged in coyote hunts with dogs
9 during any open season on coyotes established pursuant to the provisions
10 of section 11-0903.
11 S 15. Subdivision 6 of section 11-0931 of the environmental conserva-
12 tion law, as amended by chapter 97 of the laws of 1978, is amended to
13 read as follows:
14 6. No person while engaged in hunting deer or bear pursuant to a
15 bowhunting stamp, and no person accompanying him or a member of his
16 party, while he is so engaged during a special longbow season, shall
17 have in his possession a firearm OR CROSSBOW of any kind, and no person
18 while engaged in hunting deer or bear pursuant to a muzzle-loading
19 stamp, and no person accompanying him or a member of his party, while he
20 is so engaged during a special muzzle-loading firearm season, shall have
21 in his possession a firearm of any kind other than a muzzle-loading
22 firearm.
23 S 16. Section 11-0713 of the environmental conservation law is amended
24 by adding a new subdivision 6 to read as follows:
25 6. THE DEPARTMENT SHALL ADOPT REGULATIONS FOR THE TRAINING IN SAFE USE
26 OF HUNTING WITH A CROSSBOW AND RESPONSIBLE HUNTING PRACTICES. SUCH
27 TRAINING SHALL BE INCLUDED IN THE BASIC HUNTER EDUCATION COURSE REQUIRED
28 OF ALL NEW HUNTERS. UPON COMPLETION OF THE TRAINING BY AN INDIVIDUAL THE
29 DEPARTMENT SHALL PROVIDE DOCUMENTATION OF THE SUCCESSFUL COMPLETION OF
30 THE COURSE. ALL PERSONS WHO HAVE COMPLETED HUNTER EDUCATION PRIOR TO THE
31 DATE WHICH CROSSBOW TRAINING HAS BEEN INCORPORATED INTO THE HUNTER
32 EDUCATION PROGRAM SHALL COMPLETE AN ON LINE OR OTHER TRAINING PROGRAM
33 APPROVED BY THE DEPARTMENT PRIOR TO USING A CROSSBOW TO HUNT BIG GAME.
34 THE DEPARTMENT MAY ADOPT RULES AND REGULATIONS AS NECESSARY TO DOCUMENT
35 COMPLETION OF THIS PROGRAM AND MAY REQUIRE A PERSON TO POSSESS SUCH
36 PROOF WHILE HUNTING WITH A CROSSBOW.
37 S 17. This act shall take effect October 1, 2010, except that sections
38 four and five of this act shall take effect February 1, 2011, provided
39 that any rules or regulations necessary for the timely implementation of
40 the provisions of this act on its effective date shall be promulgated on
41 or before February 1, 2011 and provided further that this act shall
42 expire on December 31, 2012 when upon such date the provisions of this
43 act shall be deemed repealed; provided, however, that the amendments to
44 paragraph a of subdivision 2 of section 11-0907 of the environmental
45 conservation law made by section eleven of this act shall be subject to
46 the expiration and reversion of such paragraph pursuant to section 13 of
47 chapter 600 of the laws of 1993, as amended, when upon such date the
48 provisions of section twelve of this act shall take effect.
