S T A T E   O F   N E W   Y O R K
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                                  5940

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 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
  allowing persons 65 years and older and persons with  disabilities  to
  hunt with a long bow and to take wildlife with a crossbow

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

  Section 1.  Paragraph g of subdivision 3 of  section  11-0901  of  the
environmental  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 2. 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.
  S 3. 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tion  law  is  REPEALED  and  a  new  subdivision 16 is added to read as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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09358-01-9
              

A. 5940                             2

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 4. This act shall take effect immediately.