NY State Senate Bill S5301

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to environmental conservation
Mar 20, 2017	referred to environmental conservation

S5301 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Rpld §11-0907 sub 2 ¶a, sub 9, §11-0713 sub 6, sub 1 ¶c, §11-0901 sub 3 ¶c sub¶ 3, subs 11 & 16, §11-0929 sub 2 ¶b sub¶ 5, amd En Con L, generally; amd §83, St Fin L

S5301 (ACTIVE) - Summary

Relates to deer and bear, open hunting seasons and implements, hunting age for big game, crossbows, pheasant and quail.

S5301 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S5301

 TITLE OF BILL :  An act to amend the environmental conservation law,
in relation to deer and bear, open hunting seasons and implements,
hunting age for big game, crossbows, pheasant and quail hunting in
Long Island, and penalties for illegal commercialization of
crustaceans, fish, shellfish, and wildlife; to amend the state finance
law, in relation to the state fish and game trust account; and to
repeal certain provisions of the environmental conservation law
relating thereto

 PURPOSE OF THE BILL :

The purpose of this bill is to simplify the law which establishes big
game hunting seasons and allowable hunting implements by county, as
well as to modernize hunting restrictions and update hunting
opportunities in New York State.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would repeal ECL § 11-0907(2)(a) which sets open
hunting seasons and manner of taking (allowable hunting implements)
for deer.

Section 2 of the bill would repeal ECL § 11-0907(9) related to the
authorization of big game hunting on Sunday in a portion of the State.

Section 3 of the bill would re-title ECL § 11-0907(2) "Regular big
game hunting seasons." This section would re-codify the existing
hunting seasons set in statute for deer. This section would also
recodify the provision which provides that in places where the taking
of big game by shotgun is permitted, that shotgun barrels may contain
rifling in all or a portion of the barrel and that if the barrel
contains rifling, only shotgun shells with non-metallic cases, except
for the shell base, may be used.

Additionally, this section would provide that deer and bear may be
taken with a pistol, rifle, shotgun, muzzle loading firearm, crossbow
or longbow in all or parts of named counties or zones; that deer and
bear may be taken with a pistol, shotgun, muzzle loading firearm,
crossbow or longbow in all or parts of other named counties or zones;
and that deer of either sex may be taken only with a longbow or
crossbow in Suffolk and Westchester counties, and defined parts of
Albany and Monroe counties.

Section 4 of the bill would amend ECL § 11-0113(2) to make conforming
changes regarding a reference to subdivision 2 of ECL § 11-0907.

Section 5 of the bill would amend ECL § 11-0901(3)(b) to make
conforming changes regarding a reference to subdivision 2 of ECL §
11-0907.

Section 6 of the bill would amend ECL § 11-0701(1)(a), paragraphs (1)
and (2) of subdivision 3 and subdivisions 5 and 9 to make conforming
changes to allow 12 and 13 year olds to hunt with crossbows and add in
references to crossbows in the definition of what a holder of a
hunting license, bowhunting privilege and non-resident bear tag is
entitled to.

Section 7 of the bill would amend ECL § 11-0703(6)(b) to specify that
a person may not hunt bear or deer in the special archery season with
a crossbow unless they have a hunting license with a bowhunting
privilege.

Section 8 of the bill would make conforming changes by repealing ECL §
11-0713(6) which requires training in safe use of hunting with a
crossbow within the basic hunter education course. Individuals who
hunt with crossbows will now be required to have a bow hunting
privilege.

Section 9 of the bill would make conforming changes by repealing §
11-0901(3)(c)(3) to allow youths to hunt wild small game and wild
upland birds with a crossbow.

Section 10 of the bill would amend ECL § 11-0901(3)(c) to allow youths
to hunt wild small game and wild upland birds with a crossbow.

Section 11 of the bill would amend ECL § 11-0901(4)(b)(9) and §
11-0901(4)(c)(9) to make a technical change in regards to crossbows.

Section 12 of the bill would amend ECL § 11-0901(13) to require
individuals who hunt with crossbows to possess a bow-hunting privilege
and a valid certificate in responsible bow hunting practices.

Section 13 of the bill would make conforming changes by repealing ECL
§ 11-0901 (11), which prohibits the use of a mechanical devise with a
bow, and (16), which authorizes disabled hunters to use crossbows
which may be discharged only using ones breath.

Section 14 of the bill would add a new ECL § 11-0903(12) to authorize
DEC to adopt regulations authorizing the taking of wildlife by the use
of a crossbow and to include a summary of such regulations in the
hunting and fishing syllabus.

Section 15 of the bill would amend ECL § 11-0929(1) to make conforming
changes regarding the use of crossbows.

Section 16 of the bill would amend ECL § 11-0929(5)(b)(2) to allow
junior hunters and their mentors to use tree stands while hunting with
a firearm or crossbow.

Section 17 of the bill would amend ECL § 11-0931(4)(a)(2) and §
11-0931(4)(b)(1) to reduce the setback for hunting with a crossbow
from 250 feet to 150 feet from a building.

Section 18 of the bill would amend ECL § 11-0933 to make conforming
changes regarding hunting.

Section 19 of the bill would amend ECL § 11-0903(2)(c) to grant DEC
regulatory authority over ring-necked pheasant and quail on Long
Island.

Section 20 of the bill would amend ECL § 11-0905(2)(d) and (2)(e) to
grant DEC regulatory authority over ring-necked pheasant and quail on
Long Island.

Section 21 of the bill would repeal § 11-0713 (1)(c) to eliminate the
provision dealing with persons eligible to purchase and re-issue one
day fishing licenses.

Section 22 of the bill would amend State Finance Law § 83(a)(4)(i) to
provide additional authority to the Comptroller related to the
investment of the state fish and game trust account.

Section 23 of the bill would amend ECL § 11-0907(10) to make
conforming changes regarding crossbows.

Section 24 of the bill would provide for an immediate effective date
and the amendments to paragraph c of subdivision 2 of section 11-0907
of the ECL made by section two shall not affect the expiration of such
paragraph and shall be deemed expired therewith.

 JUSTIFICATION :

Hunting and outdoors activities are important facets of the culture of
New York State. Many families have long traditions of hunting that
define their way of life. People across New York are eager to pass
down this tradition. With the popularity of two-person ladder stands
and elevated hunting blinds, mentors have a variety of options to
safely teach firearm handling and hunting skills to junior hunters
from elevated positions. Shooting from elevated stands often helps to
ensure that shots fired downward have a safe backstop (the ground).
Accordingly, this bill would eliminate the requirement that junior
hunters and their mentors must remain at ground level while hunting.

Currently, pheasant and quail hunting season dates and bag limits are
established in statute for Long Island. Long Island is the only part
of the State where DEC does not have regulatory authority for these
species. Quail populations have declined on Long Island to a level
that no longer supports a sport hunting opportunity, and the season
should be closed. While pheasants still occur in numbers adequate to
support some hunting, DEC should periodically reassess the status of
wild pheasants on Long Island and establish appropriate hunting
opportunities instead of being required to use the default season and
bag limits established in the law. Providing regulatory authority to
manage these species will allow DEC the ability to timely address the
status of the resource.

Further, ECL § 11-0907(2)(a) assembles counties into geographic groups
pertaining to open seasons and the use of implements for big game
hunting. Amendments to allowable big game hunting implements have been
occurring on a county-by-county basis, often subject to a sunset. When
amendments are enacted for individual counties, the law is repeated
multiple times, creating significant confusion as to the big game
hunting implements allowed in a given county during a given year.
Additionally, due to varying implementation and sunset dates for
counties in the same geographic grouping in the ECL, it becomes
increasingly challenging to decipher the specific rules for those
counties. This may lead to unintended consequences in drafting and
interpreting these rules and in conveying the correct rules to New
York's hunters. This change would provide much needed clarity and
simplification to the hunting statute by listing counties individually
under specific titles rather than clustering them by geographic area.

Lastly, this proposal will also provide greater flexibility in how
funds from the state fish and game trust account can be invested,
allowing the fund to grow at a more favorable rate.

 PRIOR LEGISLATIVE HISTORY :

This is new legislation.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately and the amendments to paragraph
c of subdivision 2 of section 110907 of the ECL made by section two
shall not affect the expiration of such paragraph and shall be deemed
expired therewith.

S5301 (ACTIVE) - Bill Text download pdf


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

                                  5301

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             March 20, 2017
                               ___________

Introduced  by  Sen. O'MARA -- (at request of the Department of Environ-
  mental Conservation) -- 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 deer
  and bear, open hunting seasons and implements,  hunting  age  for  big
  game, crossbows, pheasant and quail hunting in Long Island, and penal-
  ties  for  illegal  commercialization of crustaceans, fish, shellfish,
  and wildlife; to amend the state finance law, in relation to the state
  fish and game trust account; and to repeal certain provisions  of  the
  environmental conservation law relating thereto

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

  Section 1. Paragraph a of subdivision 2  of  section  11-0907  of  the
environmental  conservation  law  is  REPEALED  and a new paragraph a is
added to read as follows:
  A. SEASONS FOR DEER HUNTING. REGULAR OPEN HUNTING SEASONS FOR DEER ARE
ESTABLISHED AS FOLLOWS:
  (1) IN THE NORTHERN ZONE, DEER MAY BE TAKEN  FROM  THE  NEXT  TO  LAST
SATURDAY IN OCTOBER THROUGH THE FIRST SUNDAY IN DECEMBER.
  (2)  IN  THE  SOUTHERN  ZONE,  DEER MAY BE TAKEN FROM THE FIRST MONDAY
AFTER NOVEMBER  FIFTEENTH  THROUGH  THE  FIRST  TUESDAY  AFTER  DECEMBER
SEVENTH.
  (3) IN WESTCHESTER COUNTY, DEER OF EITHER SEX MAY BE TAKEN FROM NOVEM-
BER FIRST THROUGH DECEMBER THIRTY-FIRST.
  (4) IN SUFFOLK COUNTY, DEER OF EITHER SEX MAY BE TAKEN FROM THE SECOND
MONDAY IN NOVEMBER THROUGH MARCH THIRTY-FIRST.
  §  2.  Subdivision 9 of section 11-0907 of the environmental conserva-
tion law is REPEALED.
  § 3. The subdivision heading and  paragraph  b  of  subdivision  2  of
section 11-0907 of the environmental conservation law, the section head-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10002-04-7

S. 5301                             2

ing  as amended and paragraph b of subdivision 2 as added by chapter 600
of the laws of 1993, are amended to read as follows:
  Regular  BIG GAME HUNTING seasons.
  b.    IMPLEMENTS.  WHERE TAKING OF BIG GAME BY SHOTGUN IS PERMITTED BY
THIS CHAPTER SUCH SHOTGUN MAY CONTAIN RIFLING IN ALL OR A PORTION OF THE
BARREL, PROVIDED, HOWEVER, IF THE  BARREL  OR  A  PORTION  THEREOF  DOES
CONTAIN  RIFLING  ONLY  SHELLS HAVING NON-METALLIC CASES, EXCEPT FOR THE
BASE, MAY BE USED.
  (1) DEER AND BEAR MAY BE TAKEN BY PISTOL, RIFLE, SHOTGUN,  MUZZLELOAD-
ING  FIREARM, CROSSBOW OR LONG BOW ONLY IN ALL OR PARTS OF THE FOLLOWING
REGIONS OR COUNTIES OR PORTIONS OF COUNTIES:
  (A) NORTHERN ZONE
  (B) ALBANY EXCEPT IN AREAS AS DEFINED IN SUBDIVISIONS SIX OR SEVEN  OF
THIS SECTION
  (C) ALLEGANY
  (D) THAT PORTION OF THE COUNTY OF BROOME EAST OF THE SUSQUEHANNA RIVER
IN THE TOWNS OF COLEVILLE, WINDSOR, AND SANFORD
  (E) CATTARAUGUS
  (F) CHAUTAUQUA EXCEPT THAT PORTION OF THE COUNTY NORTH OF ROUTE 20
  (G) CAYUGA
  (H) CHEMUNG
  (I) CHENANGO
  (J) COLUMBIA
  (K) CORTLAND
  (L) DELAWARE
  (M) FULTON (PARTS IN THE SOUTHERN ZONE)
  (N) GENESEE
  (O) GREENE
  (P)  HERKIMER  (PARTS IN THE SOUTHERN ZONE) EXCEPT IN AREAS AS DEFINED
IN SUBDIVISION FIVE OF THIS SECTION
  (Q) LIVINGSTON
  (R) MADISON
  (S) MONTGOMERY
  (T) ONEIDA (PARTS IN THE SOUTHERN ZONE)
  (U) ORANGE
  (V) ONTARIO
  (W) OSWEGO (PARTS IN THE SOUTHERN ZONE)
  (X) OTSEGO
  (Y) RENSSELAER
  (Z) SARATOGA (PARTS IN THE SOUTHERN ZONE)
  (AA) SCHENECTADY
  (BB) SCHOHARIE
  (CC) SCHUYLER
  (DD) SENECA
  (EE) STEUBEN
  (FF) SULLIVAN
  (GG) TIOGA
  (HH) ULSTER
  (II) WASHINGTON (PARTS IN THE SOUTHERN ZONE)
  (JJ) WAYNE
  (KK) WYOMING
  (LL) YATES
  (2) DEER AND BEAR MAY  BE  TAKEN  BY  PISTOL,  SHOTGUN,  MUZZLELOADING
FIREARM, CROSSBOW OR LONG BOW ONLY IN THE FOLLOWING COUNTIES OR PORTIONS
OF COUNTIES:
  (A) THE PORTION OF THE COUNTY OF BROOME WEST OF THE SUSQUEHANNA RIVER

S. 5301                             3

  (B) THE PORTION OF THE COUNTY OF CHAUTAUQUA NORTH OF ROUTE 20
  (C) DUTCHESS
  (D)  ERIE  EXCEPT  IN  AREAS  AS  DEFINED  IN SUBDIVISION FIVE OF THIS
SECTION
  (E) MONROE EXCEPT IN AREAS AS DEFINED  IN  SUBDIVISION  FIVE  OF  THIS
SECTION
  (F) NIAGARA
  (G) ONONDAGA
  (H) ORLEANS
  (I) PUTNAM
  (J) ROCKLAND
  (K) TOMPKINS
  (3)  DEER OF EITHER SEX MAY BE TAKEN BY LONG BOW ONLY IN THE FOLLOWING
COUNTIES OR PORTION OF COUNTIES:
  (A) ALBANY IN AREAS AS DEFINED IN SUBDIVISION SEVEN OF THIS SECTION
  (B) MONROE IN AREAS AS DEFINED IN SUBDIVISION FIVE OF THIS SECTION
  (C) SUFFOLK EXCEPT AS PROVIDED IN REGULATION ESTABLISHED  PURSUANT  TO
SUBDIVISION SEVEN OF SECTION 11-0903 OF THIS ARTICLE
  (D) WESTCHESTER
  C.  Regular  open  hunting  seasons  for  bear are fixed by regulation
pursuant to subdivision 8 of section 11-0903 OF THIS ARTICLE. The imple-
ments allowed for bear hunting will be the same  as  those  allowed  for
deer hunting as [listed in column three of the table] set forth in para-
graph [a] B of this subdivision.
  §  4.  Subdivision 2 of section 11-0113 of the environmental conserva-
tion law, as amended by chapter 135 of the laws of 1982, is  amended  to
read as follows:
  2.  In  the  tables  in  [sections] SECTION 11-0905 [and 11-0907] each
letter of the alphabet in column one identifies and furnishes the  cita-
tion for the matter in column one following such letter and also identi-
fies  and  furnishes the citation for the matter appearing in column two
and column three opposite the matter so identified in column one.
  § 5. Paragraph b of subdivision 3 of section 11-0901 of  the  environ-
mental  conservation  law, as amended by section 5 of part EE of chapter
55 of the laws of 2014, is amended to read as follows:
  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  of  this title or otherwise established by law or
fixed by regulation, is specified as an open season for taking such game
by shotgun 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
specified.
  § 6. Paragraph a of subdivision 1, paragraphs 1 and 2  of  subdivision
3,  subdivision  5  and subdivision 9 of section 11-0701 of the environ-
mental conservation law, paragraphs 1 and 2 of subdivision 3 and  subdi-
vision  5  as amended by section 1-a of part R of chapter 58 of the laws
of 2013, paragraph a of subdivision 1  as  amended  by  section  21  and
subdivision  9  as amended by section 17 of part EE of chapter 55 of the
laws of 2014, are amended to read as follows:
  [a.] entitles a holder who is twelve or thirteen years of age to  hunt
wildlife,  except  big  game,  as  provided  in  title 9 of this article
subject, specifically, to the provisions  of  section  11-0929  of  this
article.  It  entitles  such  holder  to possess firearms as provided in
section 265.05 of the penal law. [A holder who  is  twelve  or  thirteen
years of age shall not hunt with a crossbow.]

S. 5301                             4

  (1)  who  is between the ages of twelve and sixteen years to hunt wild
deer and bear with a longbow OR  CROSSBOW  during  the  special  archery
season  and  during  the  regular season, as provided in title 9 of this
article, subject to the provisions of section 11-0929 and subdivision  3
of section 11-0713 of this article;
  (2)  who  is eighteen years of age or older to hunt wild deer and bear
with a longbow OR CROSSBOW, as provided in title 9 of this article, in a
special [longbow] ARCHERY season; and
  5. A non-resident bear tag entitles a person who has not been a  resi-
dent of the state for more than thirty days who also possesses a hunting
license  to  hunt  bear during the regular open season therefor or in an
open season fixed by regulation pursuant to subdivision eight of section
11-0903 of this article. It entitles  a  non-resident  holder  who  also
possesses  a hunting license with bowhunting privilege to hunt bear with
a longbow OR CROSSBOW during the open bear season. It entitles a non-re-
sident holder who also possesses a hunting license  with  muzzle-loading
privilege to hunt bear with a muzzleloader during the open bear season.
  9. A muzzle-loading privilege when included on a hunting license enti-
tles  a  holder  who is fourteen years of age or older to hunt wild deer
and bear with a muzzle-loading firearm [or  crossbow],  as  provided  in
title 9 of this article, in a special muzzle-loading firearm season.
  §  7.  Paragraph b of subdivision 6 of section 11-0703 of the environ-
mental conservation law, as amended by section 2 of part R of chapter 58
of the laws of 2013, is amended to read as follows:
  b. Except as provided in section 11-0707 and section 11-0709  of  this
title,  no  person  shall  (1) hunt wild deer or bear unless such person
holds and is entitled to exercise the privileges of a  hunting  license,
and  meets  the requirements of this article; (2) hunt wild deer or bear
with a longbow OR CROSSBOW in a special [longbow] ARCHERY season  unless
such  person holds and is entitled to exercise the privileges of a hunt-
ing license with a bowhunting privilege and meets  the  requirements  of
this  article;  or  (3)  hunt  wild  deer  or bear with a muzzle-loading
firearm in a special muzzle-loading firearm season unless such person is
at least fourteen years old and holds a hunting license with  a  muzzle-
loading privilege and meets the requirements of this article.
  §  8.  Subdivision 6 of section 11-0713 of the environmental conserva-
tion law is REPEALED.
  § 9. Subparagraph 3 of paragraph c of subdivision 3 of section 11-0901
of the environmental conservation law is REPEALED.
  § 10. Paragraph c of subdivision 3 of section 11-0901 of the  environ-
mental  conservation law, as amended by section 19 of part EE of chapter
55 of the laws of 2014, is amended to read as follows:
  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:
  (1) skunk, raccoon, bobcat, coyote, fox, mink and muskrat may be taken
in any manner not prohibited in this section or in title 11 of the  Fish
and Wildlife Law; AND
  (2)  frogs  may also be taken by spearing, catching with the hands, or
by the use of a club or hook[; and].
  § 11. Subparagraph 9 of paragraph b and subparagraph 9 of paragraph  c
of  subdivision  4  of section 11-0901 of the environmental conservation
law, subparagraph 9 of paragraph b as added by section  6  and  subpara-
graph 9 of paragraph c as added by section 7 of part EE of chapter 55 of
the laws of 2014, are amended to read as follows:

S. 5301                             5

  (9)  with  a  crossbow unless such crossbow shall consist of a bow and
string, either compound or recurve, that  launches  a  minimum  fourteen
inch  [bolt]  ARROW,  not  including  point, mounted upon a stock with a
trigger that holds the string and limbs under  tension  until  released.
The  trigger unit of such crossbow must have a working safety. The mini-
mum limb width of such crossbow shall be seventeen inches[,] AND have  a
minimum  peak draw weight of one hundred pounds [and a maximum peak draw
weight of two hundred pounds]. The minimum overall length of such cross-
bow from buttstock to front of limbs shall be twenty-four inches.
  (9) with a crossbow unless such crossbow shall consist of  a  bow  and
string,  either  compound  or  recurve, that launches a minimum fourteen
inch [bolt] ARROW, not including point, mounted  upon  a  stock  with  a
trigger  that  holds  the string and limbs under tension until released.
The trigger unit of such crossbow must have a working safety. The  mini-
mum  limb width of such crossbow shall be seventeen inches[,] AND have a
minimum peak draw weight of one hundred pounds [and a maximum peak  draw
weight of two hundred pounds]. The minimum overall length of such cross-
bow from buttstock to front of limbs shall be twenty-four inches.
  § 12. Subdivision 13 of section 11-0901 of the environmental conserva-
tion  law,  as amended by section 23 of part R of chapter 58 of the laws
of 2013, is amended to read as follows:
  13. Persons engaged in hunting deer and/or  bear  with  a  longbow  OR
CROSSBOW  must possess a current bowhunting privilege or a valid certif-
icate of qualification in responsible  bowhunting  practices  issued  or
honored by the department.
  §  13.  Subdivisions 11 and 16 of section 11-0901 of the environmental
conservation law are REPEALED.
  § 14. Section 11-0903 of the environmental conservation law is amended
by adding a new subdivision 12 to read as follows:
  12. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF  THIS  ARTICLE,  THE
DEPARTMENT IS AUTHORIZED TO ADOPT REGULATIONS WHICH AUTHORIZE THE TAKING
OF  WILDLIFE  BY  THE  USE OF CROSSBOW. A SUMMARY OF REGULATIONS ADOPTED
PURSUANT TO THIS SUBDIVISION SHALL BE PUBLISHED EACH YEAR IN THE HUNTING
SYLLABUS ISSUED PURSUANT TO SECTION 11-0323 OF THIS ARTICLE.
  § 15. Subdivision 1 of section 11-0929 of the environmental  conserva-
tion  law, as amended by section 20 of part EE of chapter 55 of the laws
of 2014, is amended to read as follows:
  1. A licensee who is twelve or thirteen years of age  shall  not  hunt
wildlife with a gun, CROSSBOW or a longbow, unless he or she is accompa-
nied  by  his or her parent or legal guardian, or by a person twenty-one
years of age or older designated in writing by  his  or  her  parent  or
legal guardian on a form prescribed by the department, who holds a hunt-
ing  license.  [A  licensee who is twelve or thirteen years of age shall
not hunt with a crossbow.]
  § 16. Subparagraph 5 of  paragraph  b  of  subdivision  2  of  section
11-0929  of  the environmental conservation law is REPEALED and subpara-
graph 6 of paragraph b of subdivision 2 is renumbered subparagraph 5.
  § 17. Subparagraph 2 of paragraph a and subparagraph 1 of paragraph  b
of  subdivision  4  of section 11-0931 of the environmental conservation
law, as amended by section 8 of part EE of chapter 55  of  the  laws  of
2014, are amended to read as follows:
  (2)  discharge  a  firearm within five hundred feet, a long bow within
one hundred fifty feet, or a crossbow within  [two]  ONE  hundred  fifty
feet  from  a  dwelling  house, farm building or farm structure actually
occupied or used, school building, school playground, public  structure,
or occupied factory or church;

S. 5301                             6

  (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, a long bow within one hundred fifty feet, or a cross-
bow within [two] ONE 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, public structure, or occupied factory or church;
  §  18. Section 11-0933 of the environmental conservation law, as added
by section 22 of part EE of chapter 55 of the laws of 2014,  is  amended
to read as follows:
§ 11-0933. Taking small game by crossbow.
  Notwithstanding  any  provision of this chapter, or any prior notwith-
standing language in this article, the department  may,  by  regulation,
authorize the taking of small game and wild upland game birds by the use
of  a  crossbow by any licensed person [fourteen] TWELVE years of age or
older, in any small game season[, in any area designated in  items  (a),
(b), (c), (d), (e), (f), (i), (k), and (l) of paragraph a of subdivision
two of section 11-0907 of this title in which a shotgun or muzzle loader
is permitted].
  §  19. Paragraph c of subdivision 2 of section 11-0903 of the environ-
mental conservation law, as amended by chapter 366 of the laws of  2011,
is amended to read as follows:
  c. pheasants anywhere in the state [other than Long Island];
  §  20.  Paragraphs  d and e of subdivision 2 of section 11-0905 of the
environmental conservation law, as amended by chapter 911 of the laws of
1990, are amended to read as follows:
d.   Ring-necked         [Long Island November Long Island, four]
     pheasant            [1 through December   birds in one day,
                         31. Elsewhere,        thirty during season.
                         fixed] FIXED annually [Elsewhere, fixed]
                         by regulation         FIXED annually
                                               by regulation

e.   Quail               [Orange, Putnam and   Orange, Putnam and
                         Westchester counties, Westchester counties;
                         fixed] FIXED annually [four birds in one day,]
                         by regulation[;       ten during season.
                         Long Island,          Long Island, six birds
                         November 1 through    in one day, forty
                         December 31           during season.] FIXED
                                               ANNUALLY BY REGULATION

  § 21. Paragraph c of subdivision 1 of section 11-0713 of the  environ-
mental conservation law is REPEALED.
  §  22.  Subparagraph (i) of paragraph 4 of subdivision a of section 83
of the state finance law, as amended by section 1 of part AA of  chapter
58 of the laws of 2015, is amended to read as follows:
  (i)  There is hereby created a special account within the conservation
fund to be known as the state fish and game trust account to consist  of
all  moneys  received  by  the  state from the sale of lifetime hunting,
fishing, and trapping licenses, and lifetime archery and  muzzle-loading
privileges pursuant to section 11-0702 of the environmental conservation
law except those moneys deposited in the habitat conservation and access
account  pursuant  to  section eighty-three-a of this chapter. The state

S. 5301                             7

comptroller shall invest the moneys in such  account  in  securities  as
defined  by  section  ninety-eight-a  of  this  article  OR,  WITHIN THE
DISCRETION OF THE COMPTROLLER TO MAXIMIZE INCOME  FOR  THE  ACCOUNT,  IN
INVESTMENTS  AUTHORIZED  BY  SECTION  ONE  HUNDRED  SEVENTY-SEVEN OF THE
RETIREMENT AND SOCIAL SECURITY LAW OR CONSISTENT WITH THE PROVISIONS  OF
SUBDIVISION  B OF SECTION THIRTEEN OF THE RETIREMENT AND SOCIAL SECURITY
LAW.  Any income earned by the investment of such moneys, except  income
transferred  to  the conservation fund pursuant to subparagraph (iii) of
this paragraph, shall be added to and become a part  of,  and  shall  be
used for the purposes of such account.
  § 23. Subdivision 10 of section 11-0907 of the environmental conserva-
tion law, as added by section 14 of part EE of chapter 55 of the laws of
2014, is amended to read as follows:
  10.  [Notwithstanding  any  provision  of  this  chapter, or any prior
notwithstanding language in this article, the] 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 any area designated in
items (a), (b), (c), (d), (e), (f), (i), (k) and (l) of paragraph  a  of
subdivision  two  of this section in which a shotgun or muzzle loader is
permitted provided however, that any crossbow use during an archery-only
season shall only take place during the last fourteen  consecutive  days
of  such  archery-only  season  in  the southern zone provided that such
archery-only season shall consist of not less than forty-five  days  and
only  during the last ten consecutive days of any archery-only season in
the northern zone provided that such archery-only season  shall  consist
of  no  less  than  twenty-three  days.  Any muzzle loading season which
occurs at the same time as a  special  archery  season  may  only  occur
during times when crossbows are authorized to be used].
  §  24. This act shall take effect immediately; provided, however, that
the amendments to paragraph c of subdivision 2 of section 11-0907 of the
environmental conservation law made by section three of this  act  shall
not  affect  the  expiration  of  such  paragraph and shall be deemed to
expire therewith.

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The New York State Senate

senate Bill S5301

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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senate Bill S5301

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Sponsored By

Thomas F. O'Mara

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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S5301 (ACTIVE) - Details

S5301 (ACTIVE) - Summary

S5301 (ACTIVE) - Sponsor Memo

S5301 (ACTIVE) - Bill Text download pdf

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