S T A T E O F N E W Y O R K
________________________________________________________________________
5940
2009-2010 Regular Sessions
I N A S S E M B L Y
February 23, 2009
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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tion law is REPEALED and a new subdivision 16 is added to read as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.