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

                                  4473

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2011
                               ___________

Introduced  by  M.  of  A.  GABRYSZAK  --  read once and referred to the
  Committee 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.    Subdivisions 2 and 3 of section 11-0903 of the environ-
mental conservation law, subdivision 2 and paragraph b of subdivision  3
as amended and paragraph a of subdivision 3 as relettered by chapter 911
of  the  laws  of  1990  and paragraph e of subdivision 2 as amended and
paragraph f of subdivision 2 as added by chapter  706  of  the  laws  of
2005, 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
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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07808-01-1

              

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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  2.  Subdivision 1 of section 11-0903 of the environmental conserva-
tion law, as amended by chapter 84 of the laws of 2010,  is  amended  to
read as follows:
  1.  Open  seasons  and bag limits with respect to migratory game birds
shall be those [published annually in the federal register by  the  U.S.
Department  of  the  Interior,  unless the department adopts regulations
pursuant to section 11-0307] SEASONS AND BAG LIMITS FOR NEW YORK  ESTAB-
LISHED 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.  Notice  of such open seasons and bag limits
shall be provided by department press release and any other  means  that
the  department  determines  to  be appropriate and effective, including
posting on the department's public website.
  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, paragraph a as amended by chapter 84 of
the laws of 2010 and paragraphs d and e 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            by federal
                         regulation[,          regulation[,
                         unless the] OR        unless the] OR
                         state [adopts]        state [adopts]
                         regulation            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

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   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

  S  5.  Paragraph a of subdivision 2 of section 11-0905 of the environ-
mental conservation law, as amended by chapter 911 of the laws of  1990,
is amended to read as follows:

a.   Migratory game      Fixed annually        Fixed annually
     birds, all species  by FEDERAL            by FEDERAL
                         OR STATE              OR STATE
                         regulation            regulation
  S  6. 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  7.  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] THIS ARTICLE, [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  8.  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 9. 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:

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  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 10. 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 11. 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  12. Subdivision 4 of section 11-0931 of the environmental conserva-
tion law, as amended by chapter 483 of the laws of 2010, is  amended  to
read as follows:
  4. a. No person shall:
  (1)  discharge  a  firearm, crossbow or long bow in such a way as will
result in the load, bolt or arrow thereof passing over a public  highway
or any part thereof;
  (2)  discharge  a  firearm[,]  OR  crossbow  [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  occu-
pied 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, crossbow 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

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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, crossbow 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 OR HER
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[,]  OR  crossbow  WITHIN  FIVE  HUNDRED FEET or A longbow within
[five] TWO hundred FIFTY feet of any other dwelling  house,  or  a  farm
building or farm structure actually occupied or used, or a school build-
ing or playground or occupied factory or church;
  (2)  Programs  conducted  by  public  schools offering instruction and
training in the use of firearms, crossbow 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 13. 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.

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  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] TWO hundred FIFTY feet of
any other dwelling house, or a farm building or farm structure  actually
occupied or used, or a school building or playground or occupied 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 14. 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 15.  This act shall take effect immediately; provided that:
  (a) the amendments to subdivision 1 of section 11-0903 of the environ-
mental conservation law made by section two of this act shall be subject
to the expiration and reversion of such subdivision pursuant to  section
5    of  chapter 84 of the laws of 2010, as amended, when upon such date
the provisions of section three of this act shall take effect;
  (b) the amendments to paragraph  a of subdivision 2 of section 11-0905
of the environmental conservation law made by section four of  this  act
shall  be  subject  to  the  expiration  and reversion of such paragraph
pursuant to section 5 of chapter 84 of the laws  of  2010,  as  amended,
when  upon  such  date  the provisions of section five of this act shall
take effect;
  (c) the amendments to subdivision 15 of section 11-0901 of  the  envi-
ronmental  conservation  law  made by section ten of this act shall take
effect on the same date as the reversion of such subdivision of  section
11-0901  of the environmental conservation law as provided in section 17
of chapter 483 of the laws of 2010, as amended; and
  (d) the amendments to subdivision 4 of section 11-0931 of the environ-
mental conservation law made by section twelve  of  this  act  shall  be
subject  to the expiration and reversion of such subdivision pursuant to
section 17 of chapter 483 of the laws of 2010,  as  amended,  when  upon
such  date  the  provisions  of  section thirteen of this act shall take
effect.