senate Bill S6747A

Permits hunting with crossbows in certain circumstances; makes permanent certain provisions permitting hunting with crossbows

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 16 / Mar / 2012
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 20 / Mar / 2012
    • AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 20 / Mar / 2012
    • PRINT NUMBER 6747A
  • 05 / Jun / 2012
    • 1ST REPORT CAL.1044
  • 06 / Jun / 2012
    • 2ND REPORT CAL.
  • 11 / Jun / 2012
    • ADVANCED TO THIRD READING
  • 13 / Jun / 2012
    • PASSED SENATE
  • 13 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2012
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

Permits hunting with crossbows in certain circumstances; makes permanent certain provisions permitting hunting with crossbows.

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Bill Details

See Assembly Version of this Bill:
A9682
Versions:
S6747
S6747A
Legislative Cycle:
2011-2012
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §11-0901, En Con L; amd §17, Chap 483 of 2010

Sponsor Memo

BILL NUMBER:S6747A REVISED 03/22/12

TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
permitting hunting with crossbows in certain circumstances; and to
amend chapter 483 of the laws of 2010, amending the environmental
conservation law relating to hunting by crossbow, in relation to the
effectiveness thereof

PURPOSE:

This bill would allow the Department of Environmental Conservation to
promulgate standards to allow for a legalized crossbow hunting season.

SUMMARY OF PROVISIONS:

Section 1 of this bill makes crossbows a legal hunting implement.

Section 2 gives the DEC the authority through regulation to permit the
use of crossbows to take game by any licensed person any hunting
season.

Section 3 amends chapter 438 of the laws of 2010 to make permanent
changes to the law aligning crossbow prohibitions with those for
firearms and long bows and requiring the DEC to adopt regulations for
training in the safe use of hunting with a crossbow.

JUSTIFICATION:

Currently, hunting with a crossbow is not permitted in New York State
except under very limited conditions relating to being almost
completely physically disabled. However, a person is permitted to hunt
with a long bow. In states including Georgia, Michigan, and Ohio that
allow the use of crossbows, crossbows appear to be an important
recruitment and retention tool for hunters.

Many people start out hunting with crossbows and eventually switch to
longbows or compound bows. Also, the sportsmen in these states have
realized that the recruitment of additional hunters outweighs any
differences over hunting tools. The Sportsmen's cause and the future
of hunting is only enhanced by more people entering the ranks of
active and Participating Sportsmen. Further, these states found that
crossbow use has not resulted in a decrease in "bag limits," nor has
poaching increased.

As expected, where crossbow hunting is permitted, it has been
documented as a safe, responsible and popular means of hunting, and it
has had no ill effect on wildlife resources or on any other group of
sportsmen. Crossbow seasons also create hunting opportunities for
people with disabilities, and those that cannot use a longbow or
compound bow. Many people want to hunt with archery equipment, but
simply are not able to physically maneuver a longbow or a compound bow
- i.e. disabled persons, older persons or persons that lack the upper
body muscle strength needed for longbows or compound bows. Crossbows
can be used by all of these persons, affording them the opportunity


they are now missing. Finally, the bill defines crossbow in accordance
with the standards adopted by the American Crossbow Federation.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

Positive to the State, as there will be an increase in the number of
licenses that are issued.

EFFECTIVE DATE:

This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6747--A

                            I N  S E N A T E

                             March 16, 2012
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  permitting hunting with crossbows in  certain  circumstances;  and  to
  amend  chapter  483  of  the  laws of 2010, amending the environmental
  conservation law relating to hunting by crossbow, in relation  to  the
  effectiveness thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3  of  section  11-0901  of  the  environmental
conservation  law,  paragraphs  a and b as amended by chapter 911 of the
laws of 1990, paragraph c as amended by chapter 825 of the laws of 1973,
subparagraph 1 of paragraph c as amended by chapter 407 of the  laws  of
1976,  paragraph  d  as amended by chapter 15 of the laws of 1976, para-
graph e as amended by chapter 418 of the laws of 1996,  paragraph  f  as
amended by chapter 533 of the laws of 1973 and paragraph g as amended by
chapter 34 of the laws of 1979, is amended to read as follows:
  3.  a.  Migratory game birds shall be taken only as permitted by regu-
lations of the department adopted pursuant to section 11-0307.
  b. Wild deer and bear shall not be taken except by gun, CROSSBOW or by
long bow. Where an open season, set forth in the table of  open  seasons
in  section  11-0907  or  otherwise established by law or fixed by regu-
lation, is specified as an open season for taking such game by  shotgun,
CROSSBOW  or long bow only, or is specified as an open season for taking
such game by long bow only, they shall not be taken except as so  speci-
fied.
  c.  Wild  small game and wild upland game birds shall be taken only by
longbow, CROSSBOW or gun, or by the use of raptors as provided in  title
10 of this article, except that:
  (1) skunk, raccoon, bobcat, coyote, fox, mink and muskrat may be taken
in  any manner not prohibited in this section or in title 11 of the Fish
and Wildlife Law, and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15078-02-2

S. 6747--A                          2

  (2) frogs may also be taken by spearing, catching with the  hands,  or
by the use of a club or hook.
  d.  Muskrat  shall not be taken by the use of a spear and shall not be
taken by shooting except that until the state of Vermont shall  prohibit
taking of muskrats on Lake Champlain by shooting, muskrats may be taken,
by  shooting  with a firearm not larger than twenty-two caliber, on Lake
Champlain, exclusive of the tributary streams flowing  into  such  lake.
Possession  of pierced or stabbed muskrats shall be presumptive evidence
that they were unlawfully taken. Wild mink shall not be taken by the use
of firearms in the Northern Zone nor elsewhere within the state  with  a
firearm larger than twenty-two caliber. Skunk, raccoon, bobcat, mink and
muskrat  shall  not  be  taken  by  the  use of smoke, chemicals, gas or
poison. Beaver, fisher and otter shall not be hunted.
  e. Wild pheasant shall be taken only by shotgun, CROSSBOW or long bow,
or by the use of raptors as  provided  in  title  10  of  this  article.
Except  as  specifically  authorized  by  regulation  of  the department
adopted pursuant to section 11-1007 or whenever  the  department  deter-
mines  that  the  taking of hen pheasants will result in better pheasant
management and not be detrimental to the  natural  propagation  of  such
pheasants, only male wild pheasants shall be taken.
  f.  No wildlife shall be taken with an arrow OR BOLT with an explosive
head or shaft, or with an arrow, BOLT, dart or any device, propelled  by
any  means,  that is used for the purpose of injecting or delivering any
type of drug into the blood system of such  wildlife.  Nothing  in  this
paragraph  shall  be  construed  as  prohibiting a wildlife biologist or
employee of the department or anyone acting under  a  license  from  the
department  from  using  any  method  to take wildlife if he is doing so
within the scope of his employment for the department,  or  pursuant  to
the license issued by the department.
  g.  Wildlife shall not be taken by the use of [a cross-bow, by] a long
bow drawn, pulled, released, or held in a drawn position by any  mechan-
ical  device  attached to a portion of the bow other than the bowstring,
or by the use of a device commonly called a spear gun.
  S 2.  Subdivision 17 of section 11-0901 of the environmental conserva-
tion law, as added by chapter 483 of the laws of 2010, is amended and  a
new subdivision 18 is added to read as follows:
  17. Notwithstanding any inconsistent provision of this [section] ARTI-
CLE, the department may, by regulation, authorize the taking of big game
by  the  use of a crossbow by any licensed person in any big game season
[in which the use of a shotgun or muzzle loader is  permitted,  provided
however  that  any  such  authorized  taking of big game by the use of a
crossbow in a season or special season in which the muzzle loader is the
only firearm permitted shall succeed the regular open hunting season for
deer established pursuant to section 11-0907 of this title].
  18.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS  ARTICLE,  THE
DEPARTMENT  MAY,  BY REGULATION, AUTHORIZE THE TAKING OF WILDLIFE BY THE
USE OF A CROSSBOW BY ANY LICENSED PERSON IN ANY OPEN SEASON.
  S 3.  Section 17 of chapter 483 of the  laws  of  2010,  amending  the
environmental  conservation  law  relating  to  hunting  by crossbow, is
amended to read as follows:
  S 17. This act shall take effect October 1, 2010, except that sections
four and five of this act shall take effect February 1,  2011,  provided
that any rules or regulations necessary for the timely implementation of
the provisions of this act on its effective date shall be promulgated on
or before February 1, 2011 and provided further that SECTIONS FOUR, SIX,
SEVEN,  EIGHT,  NINE,  TEN, ELEVEN, TWELVE, FOURTEEN AND FIFTEEN OF this

S. 6747--A                          3

act shall expire on December 31, 2012 when upon such date the provisions
of [this act] SUCH SECTIONS shall be deemed repealed; provided, however,
that the amendments to paragraph a of subdivision 2 of  section  11-0907
of the environmental conservation law made by section eleven of this act
shall  be  subject  to  the  expiration  and reversion of such paragraph
pursuant to section 13 of chapter 600 of the laws of 1993,  as  amended,
when  upon  such date the provisions of section twelve of this act shall
take effect.
  S 4. This act shall take effect immediately.

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