senate Bill S1699B

2013-2014 Legislative Session

Permits hunting with crossbows in certain circumstances

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to environmental conservation
returned to senate
died in assembly
Jun 12, 2013 referred to environmental conservation
delivered to assembly
passed senate
Jun 11, 2013 ordered to third reading cal.1225
reported and committed to rules
May 31, 2013 print number 1699b
amend and recommit to finance
Apr 16, 2013 reported and committed to finance
Apr 10, 2013 print number 1699a
amend (t) and recommit to environmental conservation
Jan 09, 2013 referred to environmental conservation

Votes

view votes

Jun 11, 2013 - Finance committee Vote

S1699B
27
6
committee
27
Aye
6
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Finance committee vote details

Jun 11, 2013 - Rules committee Vote

S1699B
16
8
committee
16
Aye
8
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Jun 4, 2013 - Environmental Conservation committee Vote

S1699A
8
4
committee
8
Aye
4
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Jun 4, 2013

Apr 16, 2013 - Environmental Conservation committee Vote

S1699A
8
4
committee
8
Aye
4
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 16, 2013

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

view additional co-sponsors

S1699 - Bill Details

See Assembly Version of this Bill:
A283B
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§11-0103, 11-0713, 11-0719, 11-0901 & 11-0931, En Con L
Versions Introduced in 2011-2012 Legislative Session:
S6747A, A9682

S1699 - Bill Texts

view summary

Permits hunting with crossbows in certain circumstances.

view sponsor memo
BILL NUMBER:S1699

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 are 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: 2011-12 S.6747-A/A.9682 Passed Senate/Referred
to Environmental Conservation

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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1699

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00023-01-3

S. 1699                             2

  (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.
  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

S. 1699                             3

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
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.

Co-Sponsors

view additional co-sponsors

S1699A - Bill Details

See Assembly Version of this Bill:
A283B
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§11-0103, 11-0713, 11-0719, 11-0901 & 11-0931, En Con L
Versions Introduced in 2011-2012 Legislative Session:
S6747A, A9682

S1699A - Bill Texts

view summary

Permits hunting with crossbows in certain circumstances.

view sponsor memo
BILL NUMBER:S1699A

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to authorizing crossbow hunting in certain regions of the
state

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 expands the definition of hunting accident to
include an injury or death caused by the discharge of a crossbow.

Section 2 and Section 3 of this bill directs the DEC to adopt safety
regulations for crossbows and to include such regulations in basic
hunter education courses.

Section 4 of this bill includes the act of discharging a crossbow from
a motor vehicle where the arrow or load passes over a public highway
as a violation.

Section 5 gives the DEC the authority to revoke a crossbow license for
misuse.

Section 6 regulates the taking of deer.

Section 7 addresses hunting with an artificial light.

Section 8 authorizes the DEC to regulate crossbow hunting.

Section 9 defines regulations for travelling in a motor vehicle with a
crossbow.

Section 10 and Section 11 puts limitations on hunting with a crossbow.

Section 12 sets the effective date.

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 are 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:

2011-12 S.6747-A/A.9682 Passed Senate/Referred to Environmental
Conservation

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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1699--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. GALLIVAN, GRIFFO, LANZA, LARKIN, LIBOUS, MARCHIONE,
  MAZIARZ, O'MARA, SEWARD, VALESKY -- 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
  authorizing crossbow hunting in certain regions of the state

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

  Section  1.  Subdivision  25  of  section 11-0103 of the environmental
conservation law, as amended by chapter 595 of  the  laws  of  1984,  is
amended to read as follows:
  25. "Hunting accident" means the injury to or death of a person caused
by  the  discharge  of  a firearm, CROSSBOW, or longbow while the person
causing such injury or death, or the person injured or killed, is taking
or attempting to take game, wildlife or fish.
  S 2. Section 11-0713 of the environmental conservation law is  amended
by adding a new subdivision 6 to read as follows:
  6. THE DEPARTMENT SHALL ADOPT REGULATIONS FOR TRAINING IN THE SAFE USE
OF  HUNTING  WITH  A  CROSSBOW  AND  RESPONSIBLE HUNTING PRACTICES. SUCH
TRAINING SHALL BE INCLUDED IN THE BASIC HUNTER EDUCATION COURSE REQUIRED
OF ALL NEW HUNTERS. UPON COMPLETION OF THE TRAINING BY AN INDIVIDUAL THE
DEPARTMENT SHALL PROVIDE DOCUMENTATION OF THE SUCCESSFUL  COMPLETION  OF
THE COURSE. ALL PERSONS WHO HAVE COMPLETED HUNTER EDUCATION PRIOR TO THE
DATE  WHICH  CROSSBOW  TRAINING  HAS  BEEN  INCORPORATED INTO THE HUNTER
EDUCATION PROGRAM SHALL COMPLETE AN ONLINE  OR  OTHER  TRAINING  PROGRAM
APPROVED  BY  THE DEPARTMENT PRIOR TO USING A CROSSBOW TO HUNT BIG GAME.
THE DEPARTMENT MAY ADOPT RULES AND REGULATIONS AS NECESSARY TO  DOCUMENT
COMPLETION  OF  THIS  PROGRAM  AND  MAY REQUIRE A PERSON TO POSSESS SUCH
PROOF WHILE HUNTING WITH A CROSSBOW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00023-02-3

S. 1699--A                          2

  S 3. Paragraph a of subdivision 1 of section 11-0719 of  the  environ-
mental  conservation law, as amended by chapter 176 of the laws of 1987,
is amended to read as follows:
  a.  In  the  circumstances described in paragraph b the department may
revoke any license or stamp, of any  person,  to  hunt,  fish  or  trap,
defined  in  section 11-0701 or issued pursuant to any provision of [the
Fish and Wildlife Law] THIS ARTICLE,  or  it  may  revoke  all  of  such
licenses  or  stamps.    It  may also deny such person, for a period not
exceeding five  years,  the  privilege  of  obtaining  such  license  or
licenses or stamp or stamps or of hunting, trapping or fishing, anywhere
in  the  state  with  or without license or stamp, except as provided in
subdivision 1 of section 11-0707 or in  section  11-0523.  It  may  also
require  that  such  person successfully complete a department-sponsored
course and obtain a certificate of qualification in responsible hunting,
[responsible] CROSSBOW HUNTING,  bowhunting  or  [responsible]  trapping
practices before being issued another license.
  S 4. Subparagraph 4 of paragraph b of subdivision 1 of section 11-0719
of  the environmental conservation law, as amended by chapter 436 of the
laws of 2000, is amended to read as follows:
  (4) is convicted of an offense involving a violation  of  subdivisions
one  and  two  of  section 11-0901 of this article relating to taking of
wildlife when the person taking is in or on a motor vehicle  while  such
motor vehicle is on a public highway or an offense involving a violation
of  subdivision  one of section 11-0901 of this article and subparagraph
one of paragraph a of subdivision four of section 11-0931 of this  arti-
cle  relating  to  taking  wildlife when the person taking is in or on a
motor vehicle and discharging a firearm, CROSSBOW, or longbow in such  a
way that the load or arrow passes over a public highway or a part there-
of  or  signs an acknowledgment of any such violation for the purpose of
affecting a settlement by civil compromise or by stipulation.
  S 5. Subdivision 2 of section 11-0719 of the  environmental  conserva-
tion law, paragraph a as amended by chapter 119 of the laws of 1999, the
opening  paragraph  of paragraph a as amended by section 33 of part F of
chapter 82 of the laws of 2002, paragraph b as amended by chapter 269 of
the laws of 1975, paragraph c as amended by chapter 176 of the  laws  of
1987  and  paragraph d as amended by chapter 595 of the laws of 1984, is
amended to read as follows:
  2. a. The department may revoke the licenses, tags, and  stamps  which
authorize  the  holder  to  hunt  and/or trap wildlife, and may deny the
privilege of obtaining such licenses, tags, and stamps and may deny  the
privileges of hunting and/or trapping with or without a license.
  (1) of any person who, while engaged in hunting or trapping,
  (i) causes death or injury to another by discharging a firearm, CROSS-
BOW, or longbow, or
  (ii)  so  negligently discharges a firearm, CROSSBOW, or longbow as to
endanger the life or safety of another, or
  (iii) so negligently and wantonly discharges a firearm,  CROSSBOW,  or
longbow as to destroy or damage public or private property; or
  (2) of any agent of the department authorized to issue certificates of
qualification  in  responsible hunting, bowhunting, CROSSBOW HUNTING, or
trapping practices who improperly issues any  such  certification  to  a
person  whom he has not trained, or whom he knows has not satisfactorily
completed all of the requirements necessary for such certification.
  b. Action by the  department  resulting  in  the  revocation  of  such
license  or denial of the privilege to hunt and trap as provided in this
subdivision shall be only after a hearing held by  the  department  upon

S. 1699--A                          3

notice to the offender, at which proof of facts indicating the violation
is established to the satisfaction of the commissioner or of the hearing
officer designated by him and concurred in by the commissioner. Provided
that where a person, while hunting, causes death or injury to any person
by  discharge  of a firearm, CROSSBOW, or longbow, the commissioner may,
in his discretion, suspend such person's license or licenses to hunt and
suspend such person's right to hunt without a license for a period of up
to sixty days pending a hearing as provided for in this subdivision.
  c. In case such discharge of a firearm, CROSSBOW,  or  longbow  causes
death or injury to another, the license or licenses shall be revoked and
the  privilege  of obtaining any such license and of hunting or of trap-
ping anywhere in the state with or without a license denied, for a peri-
od not exceeding ten years, except that no revocation shall be  made  in
cases  in  which facts established at the hearing indicate to the satis-
faction of the commissioner that there was no negligence on the part  of
the  shooter or bowman. In all other cases the license or licenses shall
be revoked and the privilege of obtaining such license and of hunting or
of trapping anywhere in the state with or without a license denied for a
period not exceeding five years. The department may  also  require  that
the  person causing such death or injury successfully complete a depart-
ment-sponsored course and  obtain  a  certificate  of  qualification  in
responsible  hunting,  CROSSBOW  HUNTING, or bowhunting practices before
being issued another hunting license.
  d. Every person injuring himself, herself or another person in a hunt-
ing accident, as such term is  defined  in  subdivision  25  of  section
11-0103  of  this chapter, and the investigating law enforcement officer
summoned to or arriving at the scene of such accident shall  within  ten
days  from the occurrence of such accident file a report of the accident
in writing with the department. Every such  person  or  law  enforcement
officer  shall  make such other and additional reports as the department
shall require.  Failure to report such accident as  herein  provided  by
the person causing injury or to furnish relevant information required by
the  department  shall  be  a violation and shall constitute grounds for
suspension or revocation of such person's hunting licenses and denial of
the privilege of obtaining any such license and of hunting with or with-
out a license following a hearing or opportunity to be heard.  In  addi-
tion,  the  department may temporarily suspend the license of the person
failing to report a hunting accident within the period prescribed herein
until such report has been filed. In the case  of  a  non-resident,  the
failure  to  report  an  accident  as  herein  provided shall constitute
grounds for suspension or revocation of his or her privileges of hunting
within this state. The report required by this section shall be made  in
such form and number as the department may prescribe.
  S  6.  Paragraphs  b  and c of subdivision 4 of section 11-0901 of the
environmental conservation law, as amended by chapter 600 of the laws of
1993, subparagraph 5 of paragraph b and subparagraph 5 of paragraph c as
amended by chapter 430 of the laws of  2000,  are  amended  to  read  as
follows:
  b. No person shall hunt deer:
  (1) with the aid of a dog, or aircraft of any kind; or
  (2) with the aid of a jacklight, spotlight, headlight or other type of
artificial light; or
  (3) with a pistol, revolver or rifle using rim-fire ammunition; or
  (4)  with  a  shotgun  of less than twenty gauge or loaded with shells
other than shells each carrying a single round ball or  a  single  slug,
provided  however, the use of a shotgun of twenty gauge or larger having

S. 1699--A                          4

a rifled barrel or a smooth bore barrel  fitted  with  a  rifled  choke,
loaded  with  shells each carrying a single round ball or a single slug,
shall not be prohibited so long as only  shells  having  a  non-metallic
case, except for the base, are used; or
  (5)  with [a bow other than] a long bow with a draw weight [in excess]
of LESS THAN thirty-five pounds; or
  (6) with an arrow OR BOLT with an arrowhead that  measures  less  than
seven-eighths  of an inch at its widest point or that has fewer than two
sharp cutting edges; or
  (7) with the aid of a pre-established bait pile other than those areas
established by standard agricultural production practices; or
  (8) with an arrow OR BOLT with a barbed broadhead arrowhead.
  c. No person shall hunt bear:
  (1) with the aid of a dog, or aircraft of any kind; or
  (2) with the aid of a jacklight, spotlight, headlight or other type of
artificial light; or
  (3) with a pistol, revolver or rifle using rim-fire ammunition; or
  (4) with a shotgun of less than twenty gauge  or  loaded  with  shells
other  than  shells  each carrying a single round ball or a single slug,
provided however, the use of a shotgun of twenty gauge or larger  having
a  rifled  barrel  or  a  smooth bore barrel fitted with a rifled choke,
loaded with shells each carrying a single round ball or a  single  slug,
shall  not  be  prohibited  so long as only shells having a non-metallic
case, except for the base, are used; or
  (5) with [a bow other than] a long bow with a draw weight [in  excess]
of LESS THAN thirty-five pounds; or
  (6)  with  an  arrow OR BOLT with an arrowhead that measures less than
seven-eighths of an inch at its widest point or that has fewer than  two
sharp cutting edges; or
  (7) with the aid of a pre-established bait pile other than those areas
established by standard agricultural production practices; or
  (8) with an arrow OR BOLT with a barbed broadhead arrowhead.
  S  7.  Paragraph d of subdivision 4 of section 11-0901 of the environ-
mental conservation law, as amended by chapter 600 of the laws of  1993,
is amended to read as follows:
  d.  The  use upon land inhabited by deer or bear of a jacklight, spot-
light or other type of artificial light by  any  person  who  is  or  is
accompanied  by  a person who is in possession, at the time of such use,
of a long bow, a crossbow or firearm of any kind, shall  be  presumptive
evidence  that  such person is hunting deer or bear with the aid of such
light, in violation of this subdivision, unless:
  (1) such long bow is unstrung, or such a firearm OR CROSSBOW is  taken
down,  or securely fastened in a case, or locked in the trunk of a vehi-
cle, or
  (2) the firearm is a pistol or revolver, or
  (3) the firearm is not in or  on  a  motor  vehicle  and  is  a  rifle
designed  or  adapted  for  use  of  rim-fire ammunition and neither the
person in possession of the gun, nor any member of his party, has in his
possession any twenty-two caliber ammunition other than twenty-two cali-
ber rim-fire ammunition, or
  (4) the firearm is not in or on a motor vehicle and is a  shotgun  and
neither  the  person  in  possession  of  the gun, nor any member of his
party, has in his possession ammunition other than  shells  loaded  with
scatter shot of size number four or smaller.
  S  8. Section 11-0901 of the environmental conservation law is amended
by adding a new subdivision 17 to read as follows:

S. 1699--A                          5

  17. 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 HUNTING SEASON. A SUMMA-
RY  OF  REGULATIONS  ADOPTED  PURSUANT  TO  THIS  SUBDIVISION  SHALL  BE
PUBLISHED  EACH  YEAR IN THE HUNTING AND FISHING SYLLABUS OF THE DEPART-
MENT ISSUED PURSUANT TO SECTION 11-0323 OF THIS ARTICLE.
  S 9. Subdivision 2 of section 11-0931 of the  environmental  conserva-
tion law, as amended by section 7 of part H of chapter 58 of the laws of
2012, is amended to read as follows:
  2. No firearm OR CROSSBOW except a pistol or revolver shall be carried
or  possessed  in  or  on  a  motor vehicle unless it is unloaded, FOR A
FIREARM in both the chamber and  the  magazine,  except  that  a  loaded
firearm which may be legally used for taking migratory game birds may be
carried  or possessed in a motorboat while being legally used in hunting
migratory game birds, and no person except a law enforcement officer  in
the  performance  of  his  official duties shall, while in or on a motor
vehicle, use a jacklight, spotlight or other artificial light upon lands
inhabited by deer if he is in possession or is accompanied by  a  person
who is in possession, at the time of such use, of a longbow, crossbow or
a  firearm  of any kind except a pistol or revolver, unless such longbow
is unstrung or such firearm  OR  CROSSBOW  is  taken  down  or  securely
fastened  in  a case or locked in the trunk of the vehicle. For purposes
of this subdivision, motor vehicle shall mean  every  vehicle  or  other
device  operated  by  any power other than muscle power, and which shall
include but not be limited to automobiles,  trucks,  motorcycles,  trac-
tors,  trailers  and  motorboats, snowmobiles and snowtravelers, whether
operated on or off public highways. Notwithstanding  the  provisions  of
this subdivision, the department may issue a permit to any person who is
non-ambulatory,  except  with  the use of a mechanized aid, to possess a
loaded firearm in or on a motor vehicle  as  defined  in  this  section,
subject to such restrictions as the department may deem necessary in the
interest   of  public  safety.  Nothing  in  this  section  permits  the
possession of a pistol or a revolver contrary to the penal law.
  S 10. 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, 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, CROSSBOW or long bow within five hundred feet
from a dwelling house, farm building or farm structure actually occupied
or used, school building, school  playground,  or  occupied  factory  or
church;
  (3) 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
SOUTHEAST THEN ALONG THE WEST SHORE OF SATANS  TOE  SOUTHWEST  AND  THEN
SOUTH TO THE SOUTHERLY POINT OF SATANS TOE TO EDGEWATER POINT.

S. 1699--A                          6

  (4) Use of a firearm, CROSSBOW or a long bow for the hunting of migra-
tory  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 2 of paragraph a above
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, CROSS-
BOW  or longbow within five hundred 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, 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  11. Paragraph c of subdivision 5 of section 11-0931 of the environ-
mental conservation law, as amended by chapter 309 of the laws of  2006,
is amended to read as follows:
  c.  In  the Northern Zone no person, while engaged in hunting with the
aid of a dog or while afield accompanied by a dog, shall possess a rifle
larger than .22 caliber using rim-fire ammunition or possess  a  shotgun
loaded  with  a  slug, ball or buckshot, OR POSSESS A CROSSBOW; but this
paragraph does not apply to persons, engaged in coyote hunts  with  dogs
during any open season on coyotes established pursuant to the provisions
of section 11-0903.
  S 12. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S1699B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A283B
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§11-0103, 11-0713, 11-0719, 11-0901 & 11-0931, En Con L
Versions Introduced in 2011-2012 Legislative Session:
S6747A, A9682

S1699B (ACTIVE) - Bill Texts

view summary

Permits hunting with crossbows in certain circumstances.

view sponsor memo
BILL NUMBER:S1699B

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to authorizing crossbow hunting in certain regions of the
state

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 expands the definition of hunting accident to
include an injury or death caused by the discharge of a crossbow.

Section 2 and Section 3 of this bill directs the DEC to adopt safety
regulations for crossbows and to include such regulations in basic
hunter education courses.

Section 4 of this bill includes discharging a crossbow from a motor
vehicle where the arrow passes over a public highway as a violation

Section 5 gives the DEC the authority to revoke a crossbow license for
misuse.

Section 6 regulates the taking of deer.

Section 7 addresses hunting with artificial light.

Section 8 authorizes the DEC to regulate crossbow hunting.

Section 9 defines regulations for travelling in a motor vehicle with a
crossbow.

Section 10 and Section 11 puts limitations on hunting with a crossbow.

Section 12 sets the effective date

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 are 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: 2011-12 S.6747-A/A.9682 Passed Senate/Referred
to Environmental Conservation

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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1699--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. GALLIVAN, GRIFFO, GRISANTI, LANZA, LARKIN, LIBOUS,
  MARCHIONE, MAZIARZ, O'MARA, RITCHIE, SEWARD, VALESKY -- 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  --
  reported  favorably from said committee and committed to the Committee
  on Finance -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  authorizing crossbow hunting in certain regions of the state

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

  Section 1. Subdivision 25 of  section  11-0103  of  the  environmental
conservation  law,  as  amended  by  chapter 595 of the laws of 1984, is
amended to read as follows:
  25. "Hunting accident" means the injury to or death of a person caused
by the discharge of a firearm, CROSSBOW, or  longbow  while  the  person
causing such injury or death, or the person injured or killed, is taking
or attempting to take game, wildlife or fish.
  S  2. Section 11-0713 of the environmental conservation law is amended
by adding a new subdivision 6 to read as follows:
  6. THE DEPARTMENT SHALL ADOPT REGULATIONS FOR TRAINING IN THE SAFE USE
OF HUNTING WITH A  CROSSBOW  AND  RESPONSIBLE  HUNTING  PRACTICES.  SUCH
TRAINING SHALL BE INCLUDED IN THE BASIC HUNTER EDUCATION COURSE REQUIRED
OF ALL NEW HUNTERS. UPON COMPLETION OF THE TRAINING BY AN INDIVIDUAL THE
DEPARTMENT  SHALL  PROVIDE DOCUMENTATION OF THE SUCCESSFUL COMPLETION OF
THE COURSE. ALL PERSONS WHO HAVE COMPLETED HUNTER EDUCATION PRIOR TO THE
DATE WHICH CROSSBOW TRAINING  HAS  BEEN  INCORPORATED  INTO  THE  HUNTER
EDUCATION  PROGRAM  SHALL  COMPLETE  AN ONLINE OR OTHER TRAINING PROGRAM
APPROVED BY THE DEPARTMENT PRIOR TO USING A CROSSBOW TO HUNT  BIG  GAME.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00023-06-3

S. 1699--B                          2

THE  DEPARTMENT MAY ADOPT RULES AND REGULATIONS AS NECESSARY TO DOCUMENT
COMPLETION OF THIS PROGRAM AND MAY REQUIRE  A  PERSON  TO  POSSESS  SUCH
PROOF WHILE HUNTING WITH A CROSSBOW.
  S  3.  Paragraph a of subdivision 1 of section 11-0719 of the environ-
mental conservation law, as amended by chapter 176 of the laws of  1987,
is amended to read as follows:
  a.  In  the  circumstances described in paragraph b the department may
revoke any license or stamp, of any  person,  to  hunt,  fish  or  trap,
defined  in  section 11-0701 or issued pursuant to any provision of [the
Fish and Wildlife Law] THIS ARTICLE,  or  it  may  revoke  all  of  such
licenses  or  stamps.    It  may also deny such person, for a period not
exceeding five  years,  the  privilege  of  obtaining  such  license  or
licenses or stamp or stamps or of hunting, trapping or fishing, anywhere
in  the  state  with  or without license or stamp, except as provided in
subdivision 1 of section 11-0707 or in  section  11-0523.  It  may  also
require  that  such  person successfully complete a department-sponsored
course and obtain a certificate of qualification in responsible hunting,
[responsible] CROSSBOW HUNTING,  bowhunting  or  [responsible]  trapping
practices before being issued another license.
  S 3-a. Paragraph a of subdivision 1 of section 11-0719 of the environ-
mental  conservation  law, as amended by section 26 of part R of chapter
58 of the laws of 2013, is amended to read as follows:
  a. In the circumstances described in paragraph b of  this  subdivision
the  department may revoke any license, bowhunting privilege, or muzzle-
loading privilege, of any person, to hunt,  fish  or  trap,  defined  in
section  11-0701  of  this  title or issued pursuant to any provision of
[the Fish and Wildlife Law] THIS ARTICLE, or it may revoke all  of  such
licenses,  bowhunting  privileges,  or muzzle-loading privileges. It may
also deny such person, for a period not exceeding five years, the privi-
lege of obtaining such license or  licenses,  bowhunting  privilege,  or
muzzle-loading  privilege,  or of hunting, trapping or fishing, anywhere
in the state with or without license, bowhunting privilege,  or  muzzle-
loading  privilege,  except  as  provided  in  subdivision  1 of section
11-0707 of this title or in section 11-0523 of this article. It may also
require that such person successfully  complete  a  department-sponsored
course and obtain a certificate of qualification in responsible hunting,
[responsible]  CROSSBOW  HUNTING,  bowhunting  or [responsible] trapping
practices before being issued another license.
  S 4. Subparagraph 4 of paragraph b of subdivision 1 of section 11-0719
of the environmental conservation law, as amended by chapter 436 of  the
laws of 2000, is amended to read as follows:
  (4)  is  convicted of an offense involving a violation of subdivisions
one and two of section 11-0901 of this article  relating  to  taking  of
wildlife  when  the person taking is in or on a motor vehicle while such
motor vehicle is on a public highway or an offense involving a violation
of subdivision one of section 11-0901 of this article  and  subparagraph
one  of paragraph a of subdivision four of section 11-0931 of this arti-
cle relating to taking wildlife when the person taking is  in  or  on  a
motor  vehicle and discharging a firearm, CROSSBOW, or longbow in such a
way that the load or arrow passes over a public highway or a part there-
of or signs an acknowledgment of any such violation for the  purpose  of
affecting a settlement by civil compromise or by stipulation.
  S  5.  Subdivision 2 of section 11-0719 of the environmental conserva-
tion law, paragraph a as amended by chapter 119 of the laws of 1999, the
opening paragraph of paragraph a as amended by section 33 of part  F  of
chapter 82 of the laws of 2002, paragraph b as amended by chapter 269 of

S. 1699--B                          3

the  laws  of 1975, paragraph c as amended by chapter 176 of the laws of
1987 and paragraph d as amended by chapter 595 of the laws of  1984,  is
amended to read as follows:
  2.  a.  The department may revoke the licenses, tags, and stamps which
authorize the holder to hunt and/or trap  wildlife,  and  may  deny  the
privilege  of obtaining such licenses, tags, and stamps and may deny the
privileges of hunting and/or trapping with or without a license.
  (1) of any person who, while engaged in hunting or trapping,
  (i) causes death or injury to another by discharging a firearm, CROSS-
BOW, or longbow, or
  (ii) so negligently discharges a firearm, CROSSBOW, or longbow  as  to
endanger the life or safety of another, or
  (iii)  so  negligently and wantonly discharges a firearm, CROSSBOW, or
longbow as to destroy or damage public or private property; or
  (2) of any agent of the department authorized to issue certificates of
qualification in responsible hunting, bowhunting, CROSSBOW  HUNTING,  or
trapping  practices  who  improperly  issues any such certification to a
person whom he has not trained, or whom he knows has not  satisfactorily
completed all of the requirements necessary for such certification.
  b.  Action  by  the  department  resulting  in  the revocation of such
license or denial of the privilege to hunt and trap as provided in  this
subdivision  shall  be  only after a hearing held by the department upon
notice to the offender, at which proof of facts indicating the violation
is established to the satisfaction of the commissioner or of the hearing
officer designated by him and concurred in by the commissioner. Provided
that where a person, while hunting, causes death or injury to any person
by discharge of a firearm, CROSSBOW, or longbow, the  commissioner  may,
in his discretion, suspend such person's license or licenses to hunt and
suspend such person's right to hunt without a license for a period of up
to sixty days pending a hearing as provided for in this subdivision.
  c.  In  case  such discharge of a firearm, CROSSBOW, or longbow causes
death or injury to another, the license or licenses shall be revoked and
the privilege of obtaining any such license and of hunting or  of  trap-
ping anywhere in the state with or without a license denied, for a peri-
od  not  exceeding ten years, except that no revocation shall be made in
cases in which facts established at the hearing indicate to  the  satis-
faction  of the commissioner that there was no negligence on the part of
the shooter or bowman. In all other cases the license or licenses  shall
be revoked and the privilege of obtaining such license and of hunting or
of trapping anywhere in the state with or without a license denied for a
period  not  exceeding  five years. The department may also require that
the person causing such death or injury successfully complete a  depart-
ment-sponsored  course  and  obtain  a  certificate  of qualification in
responsible hunting, CROSSBOW HUNTING, or  bowhunting  practices  before
being issued another hunting license.
  d. Every person injuring himself, herself or another person in a hunt-
ing  accident,  as  such  term  is  defined in subdivision 25 of section
11-0103 of this chapter, and the investigating law  enforcement  officer
summoned  to  or arriving at the scene of such accident shall within ten
days from the occurrence of such accident file a report of the  accident
in  writing  with  the  department. Every such person or law enforcement
officer shall make such other and additional reports as  the  department
shall  require.    Failure to report such accident as herein provided by
the person causing injury or to furnish relevant information required by
the department shall be a violation and  shall  constitute  grounds  for
suspension or revocation of such person's hunting licenses and denial of

S. 1699--B                          4

the privilege of obtaining any such license and of hunting with or with-
out  a  license following a hearing or opportunity to be heard. In addi-
tion, the department may temporarily suspend the license of  the  person
failing to report a hunting accident within the period prescribed herein
until  such  report  has  been filed. In the case of a non-resident, the
failure to report  an  accident  as  herein  provided  shall  constitute
grounds for suspension or revocation of his or her privileges of hunting
within  this state. The report required by this section shall be made in
such form and number as the department may prescribe.
  S 5-a. Subdivision 2 of section 11-0719 of the environmental conserva-
tion law, as amended by section 27 of part R of chapter 58 of  the  laws
of 2013, is amended to read as follows:
  2.  a. The department may revoke the licenses, tags, bowhunting privi-
leges, or muzzle-loading privileges, which authorize the holder to  hunt
and/or  trap  wildlife,  and  may  deny  the privilege of obtaining such
licenses, tags, bowhunting privileges, or muzzle-loading privileges, and
may deny the privileges of hunting and/or trapping  with  or  without  a
license.
  (1) of any person who, while engaged in hunting or trapping,
  (i) causes death or injury to another by discharging a firearm, CROSS-
BOW, or longbow, or
  (ii)  so  negligently discharges a firearm, CROSSBOW, or longbow as to
endanger the life or safety of another, or
  (iii) so negligently and wantonly discharges a firearm,  CROSSBOW,  or
longbow as to destroy or damage public or private property; or
  (2) of any agent of the department authorized to issue certificates of
qualification  in  responsible hunting, bowhunting, CROSSBOW HUNTING, or
trapping practices who improperly issues any  such  certification  to  a
person  whom he has not trained, or whom he knows has not satisfactorily
completed all of the requirements necessary for such certification.
  b. Action by the  department  resulting  in  the  revocation  of  such
license  or denial of the privilege to hunt and trap as provided in this
subdivision shall be only after a hearing held by  the  department  upon
notice to the offender, at which proof of facts indicating the violation
is established to the satisfaction of the commissioner or of the hearing
officer designated by him and concurred in by the commissioner. Provided
that where a person, while hunting, causes death or injury to any person
by  discharge  of a firearm, CROSSBOW, or longbow, the commissioner may,
in his discretion, suspend such person's license or licenses to hunt and
suspend such person's right to hunt without a license for a period of up
to sixty days pending a hearing as provided for in this subdivision.
  c. In case such discharge of a firearm, CROSSBOW,  or  longbow  causes
death  or  injury to another, the license or licenses, bowhunting privi-
lege, and muzzle-loading privilege shall be revoked and the  ability  to
obtain  any  such  license and of hunting or of trapping anywhere in the
state with or without a license denied, for a period not  exceeding  ten
years,  except  that no revocation shall be made in cases in which facts
established at the hearing indicate to the satisfaction of  the  commis-
sioner  that  there  was  no  negligence  on  the part of the shooter or
bowman. In all other cases the license or  licenses,  bowhunting  privi-
lege, or muzzle-loading privilege, shall be revoked and the privilege of
obtaining  such  license, bowhunting privilege, or muzzle-loading privi-
lege, and of hunting or of trapping anywhere in the state with or  with-
out  a license denied for a period not exceeding five years. The depart-
ment may also require that the  person  causing  such  death  or  injury
successfully complete a department-sponsored course and obtain a certif-

S. 1699--B                          5

icate  of  qualification  in responsible hunting or bowhunting practices
before being issued another hunting license.
  d. Every person injuring himself, herself or another person in a hunt-
ing  accident,  as  such  term  is  defined in subdivision 25 of section
11-0103 of this article, and the investigating law  enforcement  officer
summoned  to  or arriving at the scene of such accident shall within ten
days from the occurrence of such accident file a report of the  accident
in  writing  with  the  department. Every such person or law enforcement
officer shall make such other and additional reports as  the  department
shall  require.    Failure to report such accident as herein provided by
the person causing injury or to furnish relevant information required by
the department shall be a violation and  shall  constitute  grounds  for
suspension  or revocation of such person's hunting licenses and bowhunt-
ing and muzzle-loading privileges and denial of the  ability  to  obtain
any  such  license  and of hunting with or without a license following a
hearing or opportunity to be heard.  In  addition,  the  department  may
temporarily  suspend the license of the person failing to report a hunt-
ing accident within the period prescribed herein until such  report  has
been  filed.  In  the  case  of a non-resident, the failure to report an
accident as herein provided shall constitute grounds for  suspension  or
revocation  of  his  or her privileges of hunting within this state. The
report required by this section shall be made in such form and number as
the department may prescribe.
  S 6. Paragraphs b and c of subdivision 4 of  section  11-0901  of  the
environmental conservation law, as amended by chapter 600 of the laws of
1993, subparagraph 5 of paragraph b and subparagraph 5 of paragraph c as
amended  by  chapter  430  of  the  laws of 2000, are amended to read as
follows:
  b. No person shall hunt deer:
  (1) with the aid of a dog, or aircraft of any kind; or
  (2) with the aid of a jacklight, spotlight, headlight or other type of
artificial light; or
  (3) with a pistol, revolver or rifle using rim-fire ammunition; or
  (4) with a shotgun of less than twenty gauge  or  loaded  with  shells
other  than  shells  each carrying a single round ball or a single slug,
provided however, the use of a shotgun of twenty gauge or larger  having
a  rifled  barrel  or  a  smooth bore barrel fitted with a rifled choke,
loaded with shells each carrying a single round ball or a  single  slug,
shall  not  be  prohibited  so long as only shells having a non-metallic
case, except for the base, are used; or
  (5) with [a bow other than] a long bow with a draw weight [in  excess]
of LESS THAN thirty-five pounds; or
  (6)  with  an  arrow OR BOLT with an arrowhead that measures less than
seven-eighths of an inch at its widest point or that has fewer than  two
sharp cutting edges; or
  (7) with the aid of a pre-established bait pile other than those areas
established by standard agricultural production practices; or
  (8) with an arrow OR BOLT with a barbed broadhead arrowhead.
  c. No person shall hunt bear:
  (1) with the aid of a dog, or aircraft of any kind; or
  (2) with the aid of a jacklight, spotlight, headlight or other type of
artificial light; or
  (3) with a pistol, revolver or rifle using rim-fire ammunition; or
  (4)  with  a  shotgun  of less than twenty gauge or loaded with shells
other than shells each carrying a single round ball or  a  single  slug,
provided  however, the use of a shotgun of twenty gauge or larger having

S. 1699--B                          6

a rifled barrel or a smooth bore barrel  fitted  with  a  rifled  choke,
loaded  with  shells each carrying a single round ball or a single slug,
shall not be prohibited so long as only  shells  having  a  non-metallic
case, except for the base, are used; or
  (5)  with [a bow other than] a long bow with a draw weight [in excess]
of LESS THAN thirty-five pounds; or
  (6) with an arrow OR BOLT with an arrowhead that  measures  less  than
seven-eighths  of an inch at its widest point or that has fewer than two
sharp cutting edges; or
  (7) with the aid of a pre-established bait pile other than those areas
established by standard agricultural production practices; or
  (8) with an arrow OR BOLT with a barbed broadhead arrowhead.
  S 7. Paragraph d of subdivision 4 of section 11-0901 of  the  environ-
mental  conservation law, as amended by chapter 600 of the laws of 1993,
is amended to read as follows:
  d. The use upon land inhabited by deer or bear of a  jacklight,  spot-
light  or  other  type  of  artificial  light by any person who is or is
accompanied by a person who is in possession, at the time of  such  use,
of  a  long bow, a crossbow or firearm of any kind, shall be presumptive
evidence that such person is hunting deer or bear with the aid  of  such
light, in violation of this subdivision, unless:
  (1)  such long bow is unstrung, or such a firearm OR CROSSBOW is taken
down, or securely fastened in a case, or locked in the trunk of a  vehi-
cle, or
  (2) the firearm is a pistol or revolver, or
  (3)  the  firearm  is  not  in  or  on  a motor vehicle and is a rifle
designed or adapted for use  of  rim-fire  ammunition  and  neither  the
person in possession of the gun, nor any member of his party, has in his
possession any twenty-two caliber ammunition other than twenty-two cali-
ber rim-fire ammunition, or
  (4)  the  firearm is not in or on a motor vehicle and is a shotgun and
neither the person in possession of the  gun,  nor  any  member  of  his
party,  has  in  his possession ammunition other than shells loaded with
scatter shot of size number four or smaller.
  S 8. Section 11-0901 of the environmental conservation law is  amended
by adding a new subdivision 17 to read as follows:
  17.  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 HUNTING SEASON, EXCEPT
IN THE COUNTIES OF NASSAU, SUFFOLK AND WESTCHESTER. A SUMMARY  OF  REGU-
LATIONS  ADOPTED  PURSUANT  TO  THIS SUBDIVISION SHALL BE PUBLISHED EACH
YEAR IN THE HUNTING AND FISHING SYLLABUS OF THE DEPARTMENT ISSUED PURSU-
ANT TO SECTION 11-0323 OF THIS ARTICLE.
  S 9. Subdivision 2 of section 11-0931 of the  environmental  conserva-
tion law, as amended by section 7 of part H of chapter 58 of the laws of
2012, is amended to read as follows:
  2. No firearm OR CROSSBOW except a pistol or revolver shall be carried
or  possessed  in  or  on  a  motor vehicle unless it is unloaded, FOR A
FIREARM in both the chamber and  the  magazine,  except  that  a  loaded
firearm which may be legally used for taking migratory game birds may be
carried  or possessed in a motorboat while being legally used in hunting
migratory game birds, and no person except a law enforcement officer  in
the  performance  of  his  official duties shall, while in or on a motor
vehicle, use a jacklight, spotlight or other artificial light upon lands
inhabited by deer if he is in possession or is accompanied by  a  person
who is in possession, at the time of such use, of a longbow, crossbow or

S. 1699--B                          7

a  firearm  of any kind except a pistol or revolver, unless such longbow
is unstrung or such firearm  OR  CROSSBOW  is  taken  down  or  securely
fastened  in  a case or locked in the trunk of the vehicle. For purposes
of  this  subdivision,  motor  vehicle shall mean every vehicle or other
device operated by any power other than muscle power,  and  which  shall
include  but  not  be limited to automobiles, trucks, motorcycles, trac-
tors, trailers and motorboats, snowmobiles  and  snowtravelers,  whether
operated  on  or  off public highways. Notwithstanding the provisions of
this subdivision, the department may issue a permit to any person who is
non-ambulatory, except with the use of a mechanized aid,  to  possess  a
loaded  firearm  in  or  on  a motor vehicle as defined in this section,
subject to such restrictions as the department may deem necessary in the
interest  of  public  safety.  Nothing  in  this  section  permits   the
possession of a pistol or a revolver contrary to the penal law.
  S  10. 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, 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, CROSSBOW or long bow within five hundred feet
from a dwelling house, farm building or farm structure actually occupied
or  used,  school  building,  school  playground, or occupied factory or
church;
  (3) 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
SOUTHEAST  THEN  ALONG  THE  WEST SHORE OF SATANS TOE SOUTHWEST AND THEN
SOUTH TO THE SOUTHERLY POINT OF SATANS TOE TO EDGEWATER POINT.
  (4) Use of a firearm, CROSSBOW or a long bow for the hunting of migra-
tory 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 2 of paragraph  a  above
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, CROSS-
BOW or longbow within five hundred 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, 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;

S. 1699--B                          8

  (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  11. Paragraph c of subdivision 5 of section 11-0931 of the environ-
mental conservation law, as amended by chapter 309 of the laws of  2006,
is amended to read as follows:
  c.  In  the Northern Zone no person, while engaged in hunting with the
aid of a dog or while afield accompanied by a dog, shall possess a rifle
larger than .22 caliber using rim-fire ammunition or possess  a  shotgun
loaded  with  a  slug, ball or buckshot, OR POSSESS A CROSSBOW; but this
paragraph does not apply to persons, engaged in coyote hunts  with  dogs
during any open season on coyotes established pursuant to the provisions
of section 11-0903.
  S 12. This act shall take effect immediately; provided that:
  1.  the  amendments to paragraph a of subdivision 1 of section 11-0719
of the environmental conservation law made by section  three-a  of  this
act shall take effect on the same date and in the same manner as section
26 of part R of chapter 58 of the laws of 2013, takes effect; and
  2.  the amendments to subdivision 2 of section 11-0719 of the environ-
mental conservation law made by section five-a of this  act  shall  take
effect  on  the same date and in the same manner as section 27 of part R
of chapter 58 of the laws of 2013, takes effect.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.