S T A T E O F N E W Y O R K
________________________________________________________________________
923
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. DelMONTE -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
migratory birds, game birds, turtles, longbows, crossbows, and cable
restraints and to repeal certain provisions of such law relating ther-
eto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 11-0307 of the environmental
conservation law, as amended by chapter 494 of the laws of 1984, is
amended to read as follows:
1. The department [shall] MAY adopt rules and regulations in relation
to migratory game birds [consistent with], PROVIDED SUCH REGULATIONS ARE
NO LESS RESTRICTIVE THAN federal regulations made under authority of the
Migratory Bird Treaty Act of July 3, 1918, (16 U.S.C. secs. 703-711), as
[presently constituted or as hereafter] MAY BE amended FROM TIME TO
TIME.
S 2. Subdivisions 2 and 3 of section 11-0903 of the environmental
conservation law, subdivision 2 as amended by chapter 911 of the laws of
1990, paragraph e of subdivision 2 as amended and paragraph f of subdi-
vision 2 as added by chapter 706 of the laws of 2005, paragraph a of
subdivision 3 as relettered and paragraph b of subdivision 3 as amended
by chapter 911 of the laws of 1990, are amended to read as follows:
2. The department may fix annually by regulation the open seasons and
bag limits for wild game of the following species, until the date speci-
fied:
a. Hungarian partridge;
b. black, gray and fox squirrels, bobcat, lynx, coyote, fox, European
hare, varying hare and cottontail rabbits, and may regulate or prohibit
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01650-01-9
A. 923 2
the use of dogs in hunting varying hare during any regular open season
for deer;
c. pheasants[, except on Long Island];
d. BOBWHITE QUAIL;
E. raccoon;
[e.] F. wild turkeys;
[f.] G. frogs, salamanders, turtles, lizards and snakes.
Such open seasons and bag limits may be fixed for the entire state[,
except on Long Island in the case of pheasants,] or for any county or
part thereof, giving due regard to abundance of the species and poten-
tial hunting pressure. The department may regulate the taking,
possession and disposition of wild turkeys.
3. [a. On Long Island, the open season for the taking of hen pheasants
shall be only during the open season for the taking of pheasants speci-
fied in item d of the table appearing as subdivision 2 of section
11-0905.
b.] Any open season for pheasants, fixed by regulation of the depart-
ment [in the counties of Albany, Clinton, Columbia, Delaware, Dutchess,
Essex, Franklin, Fulton, Greene, Herkimer, Jefferson, Lewis, Montgomery,
Oneida, Orange, Oswego, Otsego, Putnam, Rensselaer, Rockland, St.
Lawrence, Schenectady, Sullivan and Ulster] shall include the interven-
ing Sundays as part of such open season.
S 3. Subdivision 1 of section 11-0903 of the environmental conserva-
tion law is amended to read as follows:
1. Open seasons and bag limits with respect to migratory game birds
shall be those [fixed by the department in regulations pursuant to
section 11-0307, to conform with] SEASONS AND BAG LIMITS FOR NEW YORK
ESTABLISHED IN federal regulations made under authority of the Migratory
Bird Treaty Act of July 3, 1918 (16 U.S.C. SS 703-711) AS MAY BE AMENDED
FROM TIME TO TIME, PROVIDED HOWEVER THAT THE DEPARTMENT MAY ESTABLISH
SEASONS OR BAG LIMITS FOR MIGRATORY GAME BIRDS BY REGULATION PURSUANT TO
SECTION 11-0307 OF THIS ARTICLE.
S 4. Paragraphs a, d and e of subdivision 2 of section 11-0905 of the
environmental conservation law, as amended by chapter 911 of the laws of
1990, are amended to read as follows:
a. Migratory game Fixed annually Fixed annually
birds, all species by FEDERAL OR by FEDERAL OR
STATE regulation STATE regulation
d. Ring-necked [Long Island November [Long Island, four
pheasant 1 through December birds in one day,
31. Elsewhere, thirty during season.
fixed] FIXED Elsewhere, fixed]
annually by FIXED annually
regulation by regulation
e. [Quail] [Orange, Putnam and [Orange, Putnam and
BOBWHITE Westchester counties, Westchester counties;
QUAIL fixed] FIXED four birds in one day,
annually by regulation[; ten during season.
Long Island, November Long Island, six birds
1 through December 31] in one day, forty
during season.]
FIXED ANNUALLY
BY REGULATION
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S 5. Subdivision 10 of section 11-0701 of the environmental conserva-
tion law, as amended by chapter 57 of the laws of 1993 and as renumbered
by chapter 470 of the laws of 1994, is amended to read as follows:
10. A trapping license entitles the holder to trap beaver, otter,
fisher, mink, muskrat, skunk, raccoon, bobcat, coyote, fox, opossum,
weasel, pine marten, SNAPPING TURTLES, DIAMONDBACK TERRAPINS and unpro-
tected wildlife except birds, as provided in title 11 OF THIS ARTICLE,
subject to the provisions of subdivision [6] 3 of section 11-0713 of
this article.
S 6. Paragraph c of subdivision 3 of section 11-0901 of the environ-
mental conservation law, as amended by chapter 825 of the laws of 1973,
subparagraph 1 as amended by chapter 407 of the laws of 1976, is amended
to read as follows:
c. Wild small game and wild upland game birds shall be taken only by
longbow 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]
(2) frogs may also be taken by spearing, catching with the hands, or
by the use of a club or hook, AND
(3) SNAPPING TURTLES AND DIAMONDBACK TERRAPINS MAY ALSO BE TAKEN BY
CATCHING WITH THE HANDS OR BY THE USE OF A NET OR POLE, OR BY TRAPPING
PURSUANT TO TITLES 7 AND 11 OF THIS ARTICLE.
S 7. Subdivision 1 of section 11-1103 of the environmental conserva-
tion law, as amended by chapter 911 of the laws of 1990, is amended to
read as follows:
1. The department may by regulation permit trapping of beaver, fisher,
otter, bobcat, coyote, fox, raccoon, opossum, weasel, skunk, muskrat,
pine marten [and], mink, SNAPPING TURTLES, AND DIAMONDBACK TERRAPINS, or
any of them, in specified areas, and may regulate the taking, possession
and disposition of such animals. The periods in which trapping of such
animals is so permitted are open seasons for the trapping of the species
for which the period is fixed, in the area or areas for which it is so
fixed.
S 8. Paragraph g of subdivision 3 of section 11-0901 of the environ-
mental conservation law, as amended by chapter 34 of the laws of 1979,
is amended to read as follows:
g. [Wildlife] EXCEPT AS PROVIDED IN SUBDIVISIONS 15 AND 16 OF THIS
SECTION, 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
mechanical 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 9. Subdivision 15 of section 11-0901 of the environmental conserva-
tion law, as amended by chapter 81 of the laws of 1988, is amended to
read as follows:
15. Notwithstanding any inconsistent provision of this section, the
department may issue a permit [to take] OR ADOPT REGULATIONS TO ALLOW
THE TAKING OF big game or small game by the use of a bow equipped with a
mechanical device for holding and releasing the bowstring, attached to
the handle section of an otherwise legal bow, [to] BY any person who is
permanently physically incapable of drawing and holding a bow because of
a physical [handicap or] disability, subject to such restrictions as the
department may deem necessary in the interest of public safety.
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S 10. Subdivision 16 of section 11-0901 of the environmental conserva-
tion law is REPEALED and a new subdivision 16 is added to read as
follows:
16. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE, A
PERSON WHO IS LICENSED TO HUNT WITH A LONG BOW MAY POSSESS AND USE A
CROSSBOW WHENEVER AND WHEREVER HUNTING WITH A LONG BOW IS PERMITTED BY
THIS ARTICLE OR BY REGULATIONS ADOPTED PURSUANT THERETO, IF SUCH PERSON
IS ONE OF THE FOLLOWING:
A. A PERSON WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE; OR
B. A PERSON WITH A PERMANENT PHYSICAL DISABILITY.
FOR PURPOSES OF THIS SUBDIVISION, "PERSON WITH A PERMANENT PHYSICAL
DISABILITY" SHALL MEAN ANY PERSON WHO IS PERMANENTLY PHYSICALLY INCAPA-
BLE OF ARM MOVEMENT SUFFICIENT TO DRAW, HOLD OR RELEASE A LONG BOW, AS
DETERMINED BY A PHYSICIAN DULY LICENSED TO PRACTICE MEDICINE IN THE
STATE OF NEW YORK. THE DEPARTMENT IS AUTHORIZED TO ADOPT REGULATIONS
REQUIRING DOCUMENTATION TO ESTABLISH THAT AN APPLICANT IS ELIGIBLE TO
USE A CROSSBOW PURSUANT TO THIS SUBDIVISION.
S 11. Subdivision 4 of section 11-0931 of the environmental conserva-
tion law, subparagraph 3 of paragraph a as added by chapter 400 of the
laws of 1973 and subparagraph 4 of paragraph a as added by chapter 67 of
the laws of 1976, is amended to read as follows:
4. a. No person shall:
(1) discharge a firearm or long bow in such a way as will result in
the load or arrow thereof passing over a public highway or any part
thereof;
(2) discharge a firearm [or long bow] within five hundred feet [from]
OF a dwelling house, farm building or farm structure actually occupied
or used, school building, school playground, or occupied factory or
church;
(3) DISCHARGE A LONG BOW WITHIN TWO HUNDRED FIFTY FEET OF A DWELLING
HOUSE, FARM BUILDING OR FARM STRUCTURE ACTUALLY OCCUPIED OR USED, SCHOOL
BUILDING, SCHOOL PLAYGROUND, OR OCCUPIED FACTORY OR CHURCH;
(4) use a firearm or a long bow for the hunting of migratory game
birds in Larchmont Harbor, specifically those portions bounded by the
following points of land:
BEGINNING AT A POINT KNOWN AS UMBRELLA POINT ON THE EAST SHORE OF
LARCHMONT HARBOR THEN PROCEEDING IN A NORTHERLY DIRECTION TO CEDAR
ISLAND; THENCE NORTHWESTERLY TO MONROE INLET; THENCE NORTHEASTERLY TO
DELANCY COVE BEING IN THE TOWN OF MAMARONECK; THENCE IN A SOUTHWESTERLY
DIRECTION FROM DELANCY COVE TO GREACEN POINT; THENCE RUNNING THE AREA
BETWEEN DELANCY COVE AND THE WEST SHORE OF SATANS TOE NORTHEAST; THENCE
SOUTHEAST THEN ALONG THE WEST SHORE OF SATANS TOE SOUTHWEST AND THEN
SOUTH TO THE SOUTHERLY POINT OF SATANS TOE TO EDGEWATER POINT.
[(4)] (5) Use of a firearm or a long bow for the hunting of migratory
game birds in Udall's Cove, specifically those portions of Little Neck
Bay within Nassau and Queens counties lying east of a line running north
from the foot of Douglaston Parkway to the shore opposite.
b. The prohibitions contained in [subparagraph] SUBPARAGRAPHS 2 AND 3
of paragraph a [above] OF THIS SUBDIVISION shall not apply to:
(1) The owner or lessee of the dwelling house, or members of his imme-
diate family actually residing therein, or a person in his employ, or
the guest of the owner or lessee of the dwelling house acting with the
consent of said owner or lessee, provided however, that nothing herein
shall be deemed to authorize such persons to discharge a firearm WITHIN
FIVE HUNDRED FEET or A longbow within [five hundred] TWO HUNDRED FIFTY
feet of any other dwelling house, or a farm building or farm structure
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actually occupied or used, or a school building or playground or occu-
pied factory or church;
(2) Programs conducted by public schools offering instruction and
training in the use of firearms or long bow;
(3) The authorized use of a pistol, rifle or target range regularly
operated and maintained by a police department or other law enforcement
agency or by any duly organized membership corporation;
(4) The discharge of a shotgun over water by a person hunting migrato-
ry game birds if no dwelling house or public structure, livestock or
person is situated in the line of discharge less than five hundred feet
from the point of discharge.
S 12. Subdivision 5 of section 11-1101 of the environmental conserva-
tion law is amended to read as follows:
5. Except as provided in subdivision 1 or 2 of section 11-0523 OF THIS
ARTICLE with respect to destructive and menacing wildlife, no person
shall (a) set or use a trap of the leg-gripping type having teeth in the
jaws; (b) set a trap so that wildlife when caught is suspended; (c) use,
locate or set a snare or a device consisting of a noose of any material
whereby an animal may be taken, PROVIDED HOWEVER THAT THE DEPARTMENT
MAY, BY REGULATION, AUTHORIZE THE USE OF LIVE RESTRAINT CABLE DEVICES TO
TAKE WILDLIFE.
S 13. This act shall take effect immediately.