S T A T E O F N E W Y O R K
________________________________________________________________________
8968
I N A S S E M B L Y
March 4, 2014
___________
Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
authorizing crossbow hunting in the county of Wyoming
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 25 of section 11-0103 of the environmental
2 conservation law, as amended by chapter 595 of the laws of 1984, is
3 amended to read as follows:
4 25. "Hunting accident" means the injury to or death of a person caused
5 by the discharge of a firearm or longbow OR IN THE COUNTY OF WYOMING, A
6 CROSSBOW, while the person causing such injury or death, or the person
7 injured or killed, is taking or attempting to take game, wildlife or
8 fish.
9 S 2. Section 11-0713 of the environmental conservation law is amended
10 by adding a new subdivision 6 to read as follows:
11 6. THE DEPARTMENT SHALL ADOPT REGULATIONS FOR TRAINING IN THE SAFE USE
12 OF HUNTING WITH A CROSSBOW AND RESPONSIBLE HUNTING PRACTICES IN THE
13 COUNTY OF WYOMING. SUCH TRAINING SHALL BE INCLUDED IN THE BASIC HUNTER
14 EDUCATION COURSE REQUIRED OF ALL NEW HUNTERS. UPON COMPLETION OF THE
15 TRAINING BY AN INDIVIDUAL THE DEPARTMENT SHALL PROVIDE DOCUMENTATION OF
16 THE SUCCESSFUL COMPLETION OF THE COURSE. ALL PERSONS WHO HAVE COMPLETED
17 HUNTER EDUCATION PRIOR TO THE DATE WHICH CROSSBOW TRAINING HAS BEEN
18 INCORPORATED INTO THE HUNTER EDUCATION PROGRAM SHALL COMPLETE AN ONLINE
19 OR OTHER TRAINING PROGRAM APPROVED BY THE DEPARTMENT PRIOR TO USING A
20 CROSSBOW TO HUNT BIG GAME. THE DEPARTMENT MAY ADOPT RULES AND REGU-
21 LATIONS AS NECESSARY TO DOCUMENT COMPLETION OF THIS PROGRAM AND MAY
22 REQUIRE A PERSON TO POSSESS SUCH PROOF WHILE HUNTING WITH A CROSSBOW IN
23 THE COUNTY OF WYOMING.
24 S 3. Paragraph a of subdivision 1 of section 11-0719 of the environ-
25 mental conservation law, as amended by section 26 of part R of chapter
26 58 of the laws of 2013, is amended to read as follows:
27 a. In the circumstances described in paragraph b of this subdivision
28 the department may revoke any license, bowhunting privilege, or muzzle-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14011-01-4
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1 loading privilege, of any person, to hunt, fish or trap, defined in
2 section 11-0701 of this title or issued pursuant to any provision of
3 [the Fish and Wildlife Law] THIS ARTICLE, or it may revoke all of such
4 licenses, bowhunting privileges, or muzzle-loading privileges. It may
5 also deny such person, for a period not exceeding five years, the privi-
6 lege of obtaining such license or licenses, bowhunting privilege, or
7 muzzle-loading privilege, or of hunting, trapping or fishing, anywhere
8 in the state with or without license, bowhunting privilege, or muzzle-
9 loading privilege, except as provided in subdivision 1 of section
10 11-0707 of this title or in section 11-0523 of this article. It may also
11 require that such person successfully complete a department-sponsored
12 course and obtain a certificate of qualification in responsible hunting,
13 [responsible] OR bowhunting OR IN THE COUNTY OF WYOMING, CROSSBOW HUNT-
14 ING or [responsible] trapping practices before being issued another
15 license.
16 S 4. Subparagraph 4 of paragraph b of subdivision 1 of section 11-0719
17 of the environmental conservation law, as amended by chapter 436 of the
18 laws of 2000, is amended to read as follows:
19 (4) is convicted of an offense involving a violation of subdivisions
20 one and two of section 11-0901 of this article relating to taking of
21 wildlife when the person taking is in or on a motor vehicle while such
22 motor vehicle is on a public highway or an offense involving a violation
23 of subdivision one of section 11-0901 of this article and subparagraph
24 one of paragraph a of subdivision four of section 11-0931 of this arti-
25 cle relating to taking wildlife when the person taking is in or on a
26 motor vehicle and discharging a firearm or longbow OR, IN THE COUNTY OF
27 WYOMING, A CROSSBOW in such a way that the load or arrow passes over a
28 public highway or a part thereof or signs an acknowledgment of any such
29 violation for the purpose of affecting a settlement by civil compromise
30 or by stipulation.
31 S 5. Subdivision 2 of section 11-0719 of the environmental conserva-
32 tion law, as amended by section 27 of part R of chapter 58 of the laws
33 of 2013, is amended to read as follows:
34 2. a. The department may revoke the licenses, tags, bowhunting privi-
35 leges, or muzzle-loading privileges, which authorize the holder to hunt
36 and/or trap wildlife, and may deny the privilege of obtaining such
37 licenses, tags, bowhunting privileges, or muzzle-loading privileges, and
38 may deny the privileges of hunting and/or trapping with or without a
39 license.
40 (1) of any person who, while engaged in hunting or trapping,
41 (i) causes death or injury to another by discharging a firearm or
42 longbow, OR, IN THE COUNTY OF WYOMING, A CROSSBOW, or
43 (ii) so negligently discharges a firearm, CROSSBOW, or longbow as to
44 endanger the life or safety of another, or
45 (iii) so negligently and wantonly discharges a firearm or longbow OR,
46 IN THE COUNTY OF WYOMING, A CROSSBOW, as to destroy or damage public or
47 private property; or
48 (2) of any agent of the department authorized to issue certificates of
49 qualification in responsible hunting, bowhunting, or trapping practices
50 OR, IN THE COUNTY OF WYOMING, CROSSBOW HUNTING PRACTICES who improperly
51 issues any such certification to a person whom he has not trained, or
52 whom he knows has not satisfactorily completed all of the requirements
53 necessary for such certification.
54 b. Action by the department resulting in the revocation of such
55 license or denial of the privilege to hunt and trap as provided in this
56 subdivision shall be only after a hearing held by the department upon
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1 notice to the offender, at which proof of facts indicating the violation
2 is established to the satisfaction of the commissioner or of the hearing
3 officer designated by him and concurred in by the commissioner. Provided
4 that where a person, while hunting, causes death or injury to any person
5 by discharge of a firearm or longbow, OR, IN THE COUNTY OF WYOMING, A
6 CROSSBOW, the commissioner may, in his discretion, suspend such person's
7 license or licenses to hunt and suspend such person's right to hunt
8 without a license for a period of up to sixty days pending a hearing as
9 provided for in this subdivision.
10 c. In case such discharge of a firearm or longbow OR, IN THE COUNTY OF
11 WYOMING, A CROSSBOW, causes death or injury to another, the license or
12 licenses, bowhunting privilege, and muzzle-loading privilege shall be
13 revoked and the ability to obtain any such license and of hunting or of
14 trapping anywhere in the state with or without a license denied, for a
15 period not exceeding ten years, except that no revocation shall be made
16 in cases in which facts established at the hearing indicate to the
17 satisfaction of the commissioner that there was no negligence on the
18 part of the shooter or bowman. In all other cases the license or
19 licenses, bowhunting privilege, or muzzle-loading privilege, shall be
20 revoked and the privilege of obtaining such license, bowhunting privi-
21 lege, or muzzle-loading privilege, and of hunting or of trapping
22 anywhere in the state with or without a license denied for a period not
23 exceeding five years. The department may also require that the person
24 causing such death or injury successfully complete a department-spon-
25 sored course and obtain a certificate of qualification in responsible
26 hunting or bowhunting practices before being issued another hunting
27 license.
28 d. Every person injuring himself, herself or another person in a hunt-
29 ing accident, as such term is defined in subdivision 25 of section
30 11-0103 of this article, and the investigating law enforcement officer
31 summoned to or arriving at the scene of such accident shall within ten
32 days from the occurrence of such accident file a report of the accident
33 in writing with the department. Every such person or law enforcement
34 officer shall make such other and additional reports as the department
35 shall require. Failure to report such accident as herein provided by
36 the person causing injury or to furnish relevant information required by
37 the department shall be a violation and shall constitute grounds for
38 suspension or revocation of such person's hunting licenses and bowhunt-
39 ing and muzzle-loading privileges and denial of the ability to obtain
40 any such license and of hunting with or without a license following a
41 hearing or opportunity to be heard. In addition, the department may
42 temporarily suspend the license of the person failing to report a hunt-
43 ing accident within the period prescribed herein until such report has
44 been filed. In the case of a non-resident, the failure to report an
45 accident as herein provided shall constitute grounds for suspension or
46 revocation of his or her privileges of hunting within this state. The
47 report required by this section shall be made in such form and number as
48 the department may prescribe.
49 S 6. Paragraphs b and c of subdivision 4 of section 11-0901 of the
50 environmental conservation law, as amended by chapter 600 of the laws of
51 1993, subparagraph 5 of paragraph b and subparagraph 5 of paragraph c as
52 amended by chapter 430 of the laws of 2000, are amended to read as
53 follows:
54 b. No person shall hunt deer:
55 (1) with the aid of a dog, or aircraft of any kind; or
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1 (2) with the aid of a jacklight, spotlight, headlight or other type of
2 artificial light; or
3 (3) with a pistol, revolver or rifle using rim-fire ammunition; or
4 (4) with a shotgun of less than twenty gauge or loaded with shells
5 other than shells each carrying a single round ball or a single slug,
6 provided however, the use of a shotgun of twenty gauge or larger having
7 a rifled barrel or a smooth bore barrel fitted with a rifled choke,
8 loaded with shells each carrying a single round ball or a single slug,
9 shall not be prohibited so long as only shells having a non-metallic
10 case, except for the base, are used; or
11 (5) with [a bow other than] a long bow with a draw weight [in excess]
12 of LESS THAN thirty-five pounds; or
13 (6) with an arrow OR BOLT with an arrowhead that measures less than
14 seven-eighths of an inch at its widest point or that has fewer than two
15 sharp cutting edges; or
16 (7) with the aid of a pre-established bait pile other than those areas
17 established by standard agricultural production practices; or
18 (8) with an arrow OR BOLT with a barbed broadhead arrowhead.
19 c. No person shall hunt bear:
20 (1) with the aid of a dog, or aircraft of any kind; or
21 (2) with the aid of a jacklight, spotlight, headlight or other type of
22 artificial light; or
23 (3) with a pistol, revolver or rifle using rim-fire ammunition; or
24 (4) with a shotgun of less than twenty gauge or loaded with shells
25 other than shells each carrying a single round ball or a single slug,
26 provided however, the use of a shotgun of twenty gauge or larger having
27 a rifled barrel or a smooth bore barrel fitted with a rifled choke,
28 loaded with shells each carrying a single round ball or a single slug,
29 shall not be prohibited so long as only shells having a non-metallic
30 case, except for the base, are used; or
31 (5) with [a bow other than] a long bow with a draw weight [in excess]
32 of LESS THAN thirty-five pounds; or
33 (6) with an arrow OR BOLT with an arrowhead that measures less than
34 seven-eighths of an inch at its widest point or that has fewer than two
35 sharp cutting edges; or
36 (7) with the aid of a pre-established bait pile other than those areas
37 established by standard agricultural production practices; or
38 (8) with an arrow OR BOLT with a barbed broadhead arrowhead.
39 S 7. Paragraph d of subdivision 4 of section 11-0901 of the environ-
40 mental conservation law, as amended by chapter 600 of the laws of 1993,
41 is amended to read as follows:
42 d. The use upon land inhabited by deer or bear of a jacklight, spot-
43 light or other type of artificial light by any person who is or is
44 accompanied by a person who is in possession, at the time of such use,
45 of a long bow, a crossbow or firearm of any kind, shall be presumptive
46 evidence that such person is hunting deer or bear with the aid of such
47 light, in violation of this subdivision, unless:
48 (1) such long bow is unstrung, or such a firearm OR, IN THE CASE OF
49 THE COUNTY OF WYOMING CROSSBOW is taken down, or securely fastened in a
50 case, or locked in the trunk of a vehicle, or
51 (2) the firearm is a pistol or revolver, or
52 (3) the firearm is not in or on a motor vehicle and is a rifle
53 designed or adapted for use of rim-fire ammunition and neither the
54 person in possession of the gun, nor any member of his party, has in his
55 possession any twenty-two caliber ammunition other than twenty-two cali-
56 ber rim-fire ammunition, or
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1 (4) the firearm is not in or on a motor vehicle and is a shotgun and
2 neither the person in possession of the gun, nor any member of his
3 party, has in his possession ammunition other than shells loaded with
4 scatter shot of size number four or smaller.
5 S 8. Section 11-0901 of the environmental conservation law is amended
6 by adding a new subdivision 17 to read as follows:
7 17. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE, THE
8 DEPARTMENT MAY, BY REGULATION, AUTHORIZE THE TAKING OF WILDLIFE IN THE
9 COUNTY OF WYOMING BY THE USE OF A CROSSBOW BY ANY LICENSED PERSON IN ANY
10 HUNTING SEASON. A SUMMARY OF REGULATIONS ADOPTED PURSUANT TO THIS
11 SUBDIVISION SHALL BE PUBLISHED EACH YEAR IN THE HUNTING AND FISHING
12 SYLLABUS OF THE DEPARTMENT ISSUED PURSUANT TO SECTION 11-0323 OF THIS
13 ARTICLE.
14 S 9. Subdivision 2 of section 11-0931 of the environmental conserva-
15 tion law, as amended by section 7 of part H of chapter 58 of the laws of
16 2012, is amended to read as follows:
17 2. No firearm OR CROSSBOW except a pistol or revolver shall be carried
18 or possessed in or on a motor vehicle unless it is unloaded, FOR A
19 FIREARM in both the chamber and the magazine, except that a loaded
20 firearm which may be legally used for taking migratory game birds may be
21 carried or possessed in a motorboat while being legally used in hunting
22 migratory game birds, and no person except a law enforcement officer in
23 the performance of his official duties shall, while in or on a motor
24 vehicle, use a jacklight, spotlight or other artificial light upon lands
25 inhabited by deer if he is in possession or is accompanied by a person
26 who is in possession, at the time of such use, of a longbow, crossbow or
27 a firearm of any kind except a pistol or revolver, unless such longbow
28 is unstrung or such firearm OR CROSSBOW is taken down or securely
29 fastened in a case or locked in the trunk of the vehicle. For purposes
30 of this subdivision, motor vehicle shall mean every vehicle or other
31 device operated by any power other than muscle power, and which shall
32 include but not be limited to automobiles, trucks, motorcycles, trac-
33 tors, trailers and motorboats, snowmobiles and snowtravelers, whether
34 operated on or off public highways. Notwithstanding the provisions of
35 this subdivision, the department may issue a permit to any person who is
36 non-ambulatory, except with the use of a mechanized aid, to possess a
37 loaded firearm in or on a motor vehicle as defined in this section,
38 subject to such restrictions as the department may deem necessary in the
39 interest of public safety. Nothing in this section permits the
40 possession of a pistol or a revolver contrary to the penal law.
41 S 10. Subdivision 4 of section 11-0931 of the environmental conserva-
42 tion law, subparagraph 3 of paragraph a as added by chapter 400 of the
43 laws of 1973 and subparagraph 4 of paragraph a as added by chapter 67 of
44 the laws of 1976, is amended to read as follows:
45 4. a. No person shall:
46 (1) discharge a firearm or long bow, OR IN THE COUNTY OF WYOMING, A
47 CROSSBOW in such a way as will result in the load, BOLT or arrow thereof
48 passing over a public highway or any part thereof;
49 (2) discharge a firearm or long bow, OR IN THE COUNTY OF WYOMING, A
50 CROSSBOW within five hundred feet from a dwelling house, farm building
51 or farm structure actually occupied or used, school building, school
52 playground, or occupied factory or church;
53 (3) use a firearm or a long bow for the hunting of migratory game
54 birds in Larchmont Harbor, specifically those portions bounded by the
55 following points of land:
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1 BEGINNING AT A POINT KNOWN AS UMBRELLA POINT ON THE EAST SHORE OF
2 LARCHMONT HARBOR THEN PROCEEDING IN A NORTHERLY DIRECTION TO CEDAR
3 ISLAND; THENCE NORTHWESTERLY TO MONROE INLET; THENCE NORTHEASTERLY TO
4 DELANCY COVE BEING IN THE TOWN OF MAMARONECK; THENCE IN A SOUTHWESTERLY
5 DIRECTION FROM DELANCY COVE TO GREACEN POINT; THENCE RUNNING THE AREA
6 BETWEEN DELANCY COVE AND THE WEST SHORE OF SATANS TOE NORTHEAST; THENCE
7 SOUTHEAST THEN ALONG THE WEST SHORE OF SATANS TOE SOUTHWEST AND THEN
8 SOUTH TO THE SOUTHERLY POINT OF SATANS TOE TO EDGEWATER POINT.
9 (4) Use of a firearm or a long bow for the hunting of migratory game
10 birds in Udall's Cove, specifically those portions of Little Neck Bay
11 within Nassau and Queens counties lying east of a line running north
12 from the foot of Douglaston Parkway to the shore opposite.
13 b. The prohibitions contained in subparagraph 2 of paragraph a above
14 shall not apply to:
15 (1) The owner or lessee of the dwelling house, or members of his imme-
16 diate family actually residing therein, or a person in his employ, or
17 the guest of the owner or lessee of the dwelling house acting with the
18 consent of said owner or lessee, provided however, that nothing herein
19 shall be deemed to authorize such persons to discharge a firearm or
20 longbow, OR IN THE COUNTY OF WYOMING, A CROSSBOW within five hundred
21 feet of any other dwelling house, or a farm building or farm structure
22 actually occupied or used, or a school building or playground or occu-
23 pied factory or church;
24 (2) Programs conducted by public schools offering instruction and
25 training in the use of firearms or long bow, OR IN THE COUNTY OF WYOM-
26 ING, A CROSSBOW;
27 (3) The authorized use of a pistol, rifle or target range regularly
28 operated and maintained by a police department or other law enforcement
29 agency or by any duly organized membership corporation;
30 (4) The discharge of a shotgun over water by a person hunting migrato-
31 ry game birds if no dwelling house or public structure, livestock or
32 person is situated in the line of discharge less than five hundred feet
33 from the point of discharge.
34 S 11. Paragraph c of subdivision 5 of section 11-0931 of the environ-
35 mental conservation law, as amended by chapter 309 of the laws of 2006,
36 is amended to read as follows:
37 c. In the Northern Zone no person, while engaged in hunting with the
38 aid of a dog or while afield accompanied by a dog, shall possess a rifle
39 larger than .22 caliber using rim-fire ammunition or possess a shotgun
40 loaded with a slug, ball or buckshot, OR, IN THE COUNTY OF WYOMING,
41 POSSESS A CROSSBOW; but this paragraph does not apply to persons,
42 engaged in coyote hunts with dogs during any open season on coyotes
43 established pursuant to the provisions of section 11-0903.
44 S 12. This act shall take effect immediately.