NY State Senate Bill S5818A

Current 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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Actions

view actions (3)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 30, 2019	print number 5818a
May 30, 2019	amend and recommit to environmental conservation
May 15, 2019	referred to environmental conservation

Bill Amendments

Original

A (Active)

Original

A (Active)

S5818 - Details

See Assembly Version of this Bill:: A7627
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§11-0701, 11-0703, 11-0901, 11-0903, 11-0929, 11-0931 & 11-0933, rpld §11-0901 sub 3 ¶c sub¶ 3, subs 11 & 16, §11-0929 sub 2 ¶b sub¶ 5, En Con L

S5818 - Summary

Relates to hunting and hunting licenses.

S5818 - Sponsor Memo

 
BILL NUMBER: S5818

SPONSOR: METZGER
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to hunting and hunting licenses; and to repeal certain
provisions of such law relating thereto

 
PURPOSE:

The purpose of this bill is to make changes to the Environmental Conser-
vation Law, in order to clarify some management needs regarding cross-
bows, and remove restrictions preventing young people, seniors and disa-
bled person from using crossbows during any season when longbows may be
used.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill would amend ECL § 11-0701, paragraphs (1) of
subdivision 3 and subdivisions 5 and 9 to add in references to crossbows
and would add a new paragraph 4 of subdivision 3 to allow hunters age 55
and older or those who are physically unable to pull back a longbow to

hunt deer and bear with a crossbow during special archery season

Section 2 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 3 of this bill would repeal ECL § 11-0901(3)(c)(3)

Section 4 of this bill would amend ECL § 11-0901(3)(c) to allow youths
to hunt wild small game and will upland birds with a crossbow.

Section 5 of this bill would amend ECL § 11-0901(4)(b)(9) and
11-0901(4)(c)(9) to make a technical change in regard to crossbows.

Section 6 of the bill would amend ECL § 11-0901(13) to require individ-
uals who hunt with crossbows to possess a bowhunting privilege or a
valid certificate in responsible bowhunting practices

Section 7 of this bill makes conforming changes by repealing ECL §
11-0901(11), which prohibits the use of a mechanical device with a bow,
and (16), which authorizes disabled hunters to use crossbows which may
be discharged only using ones breath.

Section 8 of this 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 hunt-
ing and fishing syllabus.

Section 9 of the bill would amend ECL § 11-0929(1) to make conforming
changes regarding the use of crossbows

Section 10 of the bill would repeal and renumber ECL § 11-0929(9) (b)
(5)

Section 11 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 to 150 feet from a building

Section 12 of the bill would amend ECL § 11-0933 to make conforming
changes regarding hunting

 
JUSTIFICATION:

In 2014, amendments to the ECL authorized the use of crossbows for
taking certain wildlife at certain times, but restrictions on who may
use crossbows, when and where they may be used, and the license, tag,
and training requirements are confusing and inconsistent with management
needs and hunter preferences. A variety of changes to the ECL are needed
to expand the use of crossbows to use the implement during any season
whenever longbows may be used for young people, seniors and disabled
persons. This expansion will foster recruitment, retention, and reacti-
vation of New York hunters.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately

S5818 - Bill Text download pdf


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

                                  5818

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 15, 2019
                               ___________

Introduced  by  Sen. METZGER -- 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 hunt-
  ing and hunting licenses; and to repeal certain provisions of such 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 1 and subdivisions 3 and 9 of
section 11-0701 of the environmental conservation law,  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 and  subdivision
3 as amended by section 1-a of part R of chapter 58 of the laws of 2013,
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.]
  3. A bowhunting privilege when included on a hunting license  entitles
a holder:
  (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, as provided in title 9 of this  article,  in  a  special
longbow season; [and]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11440-02-9

S. 5818                             2

  (3)  who  is  sixteen  or  seventeen years of age to exercise the same
privileges subject to the provisions of section 11-0929 and  subdivision
3 of section 11-0713 of this article[.]; AND
  (4) WHO IS FIFTY-FIVE YEARS OF AGE OR OLDER OR DETERMINED, BY A PHYSI-
CIAN,  TO  BE  PHYSICALLY UNABLE TO DRAW A LONGBOW TO HUNT WILD DEER AND
BEAR WITH A CROSSBOW, AS PROVIDED IN  TITLE  9  OF  THIS  ARTICLE  IN  A
SPECIAL ARCHERY 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.
  §  2.  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.
  § 3. Subparagraph 3 of paragraph c of subdivision 3 of section 11-0901
of the environmental conservation law is REPEALED.
  §  4.  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].
  §  5.  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:
  (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.

S. 5818                             3

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.
  §  6. 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.
  § 7. Subdivisions 11 and 16 of section 11-0901  of  the  environmental
conservation law are REPEALED.
  §  8. 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.
  § 9. 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.]
  § 10. 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.
  § 11. 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;
  (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;
  § 12. 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.

S. 5818                             4

  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 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].
  § 13. This act shall take effect immediately.

Co-Sponsors

S5818A (ACTIVE) - Details

See Assembly Version of this Bill:: A7627
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§11-0701, 11-0703, 11-0901, 11-0903, 11-0929, 11-0931 & 11-0933, rpld §11-0901 sub 3 ¶c sub¶ 3, subs 11 & 16, §11-0929 sub 2 ¶b sub¶ 5, En Con L

S5818A (ACTIVE) - Summary

Relates to hunting and hunting licenses.

S5818A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S5818A

SPONSOR: METZGER
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to hunting and hunting licenses; and to repeal certain
provisions of such law relating thereto

 
PURPOSE:

The purpose of this bill is to make changes to the Environmental Conser-
vation Law, in order to clarify some management needs regarding cross-
bows, and remove restrictions preventing young people, seniors and disa-
bled person from using crossbows during any season when longbows may be
used.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill would amend ECL § 11-0701, paragraphs (1) of
subdivision 3 and subdivisions 5 and 9 to add in references to crossbows
and would add a new paragraph 4 of subdivision 3 to allow hunters age 55
and older or those who are physically unable to pull back a longbow to

hunt deer and bear with a crossbow during special archery season

Section 2 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 3 of this bill would repeal ECL § 11-0901(3)(c)(3)

Section 4 of this bill would amend ECL § 11-0901(3)(c) to allow youths
to hunt wild small game and will upland birds with a crossbow.

Section 5 of this bill would amend ECL § 11-0901(4)(b)(9) and
11-0901(4)(c)(9) to make a technical change in regard to crossbows.

Section 6 of the bill would amend ECL § 11-0901(13) to require individ-
uals who hunt with crossbows to possess a bowhunting privilege or a
valid certificate in responsible bowhunting practices

Section 7 of this bill makes conforming changes by repealing ECL §
11-0901(11), which prohibits the use of a mechanical device with a bow,
and (16), which authorizes disabled hunters to use crossbows which may
be discharged only using ones breath.

Section 8 of this 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 hunt-
ing and fishing syllabus.

Section 9 of the bill would amend ECL § 11-0929(1) to make conforming
changes regarding the use of crossbows

Section 10 of the bill would repeal and renumber ECL § 11-0929(9) (b)
(5)

Section 11 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 to 150 feet from a building

Section 12 of the bill would amend ECL § 11-0933 to make conforming
changes regarding hunting

 
JUSTIFICATION:

In 2014, amendments to the ECL authorized the use of crossbows for
taking certain wildlife at certain times, but restrictions on who may
use crossbows, when and where they may be used, and the license, tag,
and training requirements are confusing and inconsistent with management
needs and hunter preferences. A variety of changes to the ECL are needed
to expand the use of crossbows to use the implement during any season
whenever longbows may be used for young people, seniors and disabled
persons. This expansion will foster recruitment, retention, and reacti-
vation of New York hunters.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately

S5818A (ACTIVE) - Bill Text download pdf


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

                                 5818--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 15, 2019
                               ___________

Introduced  by  Sen. METZGER -- 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 hunt-
  ing and hunting licenses; and to repeal certain provisions of such 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 1 and subdivisions 3  and  9  of
section  11-0701  of  the environmental conservation law, 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 and subdivision
3 as amended by section 1-a of part R of chapter 58 of the laws of 2013,
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.]
  3.  A bowhunting privilege when included on a hunting license entitles
a holder:
  (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,  as  provided in title 9 of this article, in a special
longbow season; [and]

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

                                                           LBD11440-04-9

S. 5818--A                          2

  (3) who is sixteen or seventeen years of  age  to  exercise  the  same
privileges  subject to the provisions of section 11-0929 and subdivision
3 of section 11-0713 of this article[.]; AND
  (4) WHO IS FIFTY-FIVE YEARS OF AGE OR OLDER OR DETERMINED, BY A PHYSI-
CIAN,  TO  BE  PHYSICALLY UNABLE TO DRAW A LONGBOW TO HUNT WILD DEER AND
BEAR WITH A CROSSBOW, AS PROVIDED IN  TITLE  9  OF  THIS  ARTICLE  IN  A
SPECIAL ARCHERY 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.
  §  2.  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.
  § 3. Subparagraph 3 of paragraph c of subdivision 3 of section 11-0901
of the environmental conservation law is REPEALED.
  §  4.  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].
  §  5.  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:
  (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] 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  crossbow  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

S. 5818--A                          3

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] 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  crossbow  from  buttstock  to  front of limbs shall be twenty-four
inches.
  § 6. 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.
  §  7.  Subdivisions  11 and 16 of section 11-0901 of the environmental
conservation law are REPEALED.
  § 8. 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.
  §  9.  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.]
  §  10.  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.
  §  11. 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;
  (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;

S. 5818--A                          4

  §  12. 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 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].
  § 13. This act shall take effect immediately.

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senate Bill S5818A

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senate Bill S5818A

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Sponsored By

Jen Metzger

Current Bill Status - In Senate Committee Environmental Conservation Committee

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S5818 - Details

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S5818 - Bill Text download pdf

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Patrick M. Gallivan

James L. Seward

S5818A (ACTIVE) - Details

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S5818A (ACTIVE) - Bill Text download pdf

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