S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        283--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by M. of A. RYAN, CROUCH, PALMESANO, STEVENSON, TENNEY, BRIN-
         DISI,  RUSSELL,  LUPARDO -- read once and referred 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:
    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, CROSSBOW, or longbow while the person
    6  causing such injury or death, or the person injured or killed, is taking
    7  or attempting to take game, wildlife or fish.
    8    S 2. Section 11-0713 of the environmental conservation law is  amended
    9  by adding a new subdivision 6 to read as follows:
   10    6. THE DEPARTMENT SHALL ADOPT REGULATIONS FOR TRAINING IN THE SAFE USE
   11  OF  HUNTING  WITH  A  CROSSBOW  AND  RESPONSIBLE HUNTING PRACTICES. SUCH
   12  TRAINING SHALL BE INCLUDED IN THE BASIC HUNTER EDUCATION COURSE REQUIRED
   13  OF ALL NEW HUNTERS. UPON COMPLETION OF THE TRAINING BY AN INDIVIDUAL THE
   14  DEPARTMENT SHALL PROVIDE DOCUMENTATION OF THE SUCCESSFUL  COMPLETION  OF
   15  THE COURSE. ALL PERSONS WHO HAVE COMPLETED HUNTER EDUCATION PRIOR TO THE
   16  DATE  WHICH  CROSSBOW  TRAINING  HAS  BEEN  INCORPORATED INTO THE HUNTER
   17  EDUCATION PROGRAM SHALL COMPLETE AN ONLINE  OR  OTHER  TRAINING  PROGRAM
   18  APPROVED  BY  THE DEPARTMENT PRIOR TO USING A CROSSBOW TO HUNT BIG GAME.
   19  THE DEPARTMENT MAY ADOPT RULES AND REGULATIONS AS NECESSARY TO  DOCUMENT
   20  COMPLETION  OF  THIS  PROGRAM  AND  MAY REQUIRE A PERSON TO POSSESS SUCH
   21  PROOF WHILE HUNTING WITH A CROSSBOW.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00023-04-3
       A. 283--A                           2
    1    S 3. Paragraph a of subdivision 1 of section 11-0719 of  the  environ-
    2  mental  conservation law, as amended by chapter 176 of the laws of 1987,
    3  is amended to read as follows:
    4    a.  In  the  circumstances described in paragraph b the department may
    5  revoke any license or stamp, of any  person,  to  hunt,  fish  or  trap,
    6  defined  in  section 11-0701 or issued pursuant to any provision of [the
    7  Fish and Wildlife Law] THIS ARTICLE,  or  it  may  revoke  all  of  such
    8  licenses  or  stamps.    It  may also deny such person, for a period not
    9  exceeding five  years,  the  privilege  of  obtaining  such  license  or
   10  licenses or stamp or stamps or of hunting, trapping or fishing, anywhere
   11  in  the  state  with  or without license or stamp, except as provided in
   12  subdivision 1 of section 11-0707 or in  section  11-0523.  It  may  also
   13  require  that  such  person successfully complete a department-sponsored
   14  course and obtain a certificate of qualification in responsible hunting,
   15  [responsible] CROSSBOW HUNTING,  bowhunting  or  [responsible]  trapping
   16  practices before being issued another license.
   17    S  4.  Paragraph a of subdivision 1 of section 11-0719 of the environ-
   18  mental conservation law, as amended by section 26 of part R  of  chapter
   19  58 of the laws of 2013, is amended to read as follows:
   20    a.  In  the circumstances described in paragraph b of this subdivision
   21  the department may revoke any license, bowhunting privilege, or  muzzle-
   22  loading  privilege,  of  any  person,  to hunt, fish or trap, defined in
   23  section 11-0701 of this title or issued pursuant  to  any  provision  of
   24  [the  Fish  and Wildlife Law] THIS ARTICLE, or it may revoke all of such
   25  licenses, bowhunting privileges, or muzzle-loading  privileges.  It  may
   26  also deny such person, for a period not exceeding five years, the privi-
   27  lege  of  obtaining  such  license or licenses, bowhunting privilege, or
   28  muzzle-loading privilege, or of hunting, trapping or  fishing,  anywhere
   29  in  the  state with or without license, bowhunting privilege, or muzzle-
   30  loading privilege, except  as  provided  in  subdivision  1  of  section
   31  11-0707 of this title or in section 11-0523 of this article. It may also
   32  require  that  such  person successfully complete a department-sponsored
   33  course and obtain a certificate of qualification in responsible hunting,
   34  [responsible] CROSSBOW HUNTING,  bowhunting  or  [responsible]  trapping
   35  practices before being issued another license.
   36    S 5. Subparagraph 4 of paragraph b of subdivision 1 of section 11-0719
   37  of  the environmental conservation law, as amended by chapter 436 of the
   38  laws of 2000, is amended to read as follows:
   39    (4) is convicted of an offense involving a violation  of  subdivisions
   40  one  and  two  of  section 11-0901 of this article relating to taking of
   41  wildlife when the person taking is in or on a motor vehicle  while  such
   42  motor vehicle is on a public highway or an offense involving a violation
   43  of  subdivision  one of section 11-0901 of this article and subparagraph
   44  one of paragraph a of subdivision four of section 11-0931 of this  arti-
   45  cle  relating  to  taking  wildlife when the person taking is in or on a
   46  motor vehicle and discharging a firearm, CROSSBOW, or longbow in such  a
   47  way that the load or arrow passes over a public highway or a part there-
   48  of  or  signs an acknowledgment of any such violation for the purpose of
   49  affecting a settlement by civil compromise or by stipulation.
   50    S 6. Subdivision 2 of section 11-0719 of the  environmental  conserva-
   51  tion law, paragraph a as amended by chapter 119 of the laws of 1999, the
   52  opening  paragraph  of paragraph a as amended by section 33 of part F of
   53  chapter 82 of the laws of 2002, paragraph b as amended by chapter 269 of
   54  the laws of 1975, paragraph c as amended by chapter 176 of the  laws  of
   55  1987  and  paragraph d as amended by chapter 595 of the laws of 1984, is
   56  amended to read as follows:
       A. 283--A                           3
    1    2. a. The department may revoke the licenses, tags, and  stamps  which
    2  authorize  the  holder  to  hunt  and/or trap wildlife, and may deny the
    3  privilege of obtaining such licenses, tags, and stamps and may deny  the
    4  privileges of hunting and/or trapping with or without a license.
    5    (1) of any person who, while engaged in hunting or trapping,
    6    (i) causes death or injury to another by discharging a firearm, CROSS-
    7  BOW, or longbow, or
    8    (ii)  so  negligently discharges a firearm, CROSSBOW, or longbow as to
    9  endanger the life or safety of another, or
   10    (iii) so negligently and wantonly discharges a firearm,  CROSSBOW,  or
   11  longbow as to destroy or damage public or private property; or
   12    (2) of any agent of the department authorized to issue certificates of
   13  qualification  in  responsible hunting, bowhunting, CROSSBOW HUNTING, or
   14  trapping practices who improperly issues any  such  certification  to  a
   15  person  whom he has not trained, or whom he knows has not satisfactorily
   16  completed all of the requirements necessary for such certification.
   17    b. Action by the  department  resulting  in  the  revocation  of  such
   18  license  or denial of the privilege to hunt and trap as provided in this
   19  subdivision shall be only after a hearing held by  the  department  upon
   20  notice to the offender, at which proof of facts indicating the violation
   21  is established to the satisfaction of the commissioner or of the hearing
   22  officer designated by him and concurred in by the commissioner. Provided
   23  that where a person, while hunting, causes death or injury to any person
   24  by  discharge  of a firearm, CROSSBOW, or longbow, the commissioner may,
   25  in his discretion, suspend such person's license or licenses to hunt and
   26  suspend such person's right to hunt without a license for a period of up
   27  to sixty days pending a hearing as provided for in this subdivision.
   28    c. In case such discharge of a firearm, CROSSBOW,  or  longbow  causes
   29  death or injury to another, the license or licenses shall be revoked and
   30  the  privilege  of obtaining any such license and of hunting or of trap-
   31  ping anywhere in the state with or without a license denied, for a peri-
   32  od not exceeding ten years, except that no revocation shall be  made  in
   33  cases  in  which facts established at the hearing indicate to the satis-
   34  faction of the commissioner that there was no negligence on the part  of
   35  the  shooter or bowman. In all other cases the license or licenses shall
   36  be revoked and the privilege of obtaining such license and of hunting or
   37  of trapping anywhere in the state with or without a license denied for a
   38  period not exceeding five years. The department may  also  require  that
   39  the  person causing such death or injury successfully complete a depart-
   40  ment-sponsored course and  obtain  a  certificate  of  qualification  in
   41  responsible  hunting,  CROSSBOW  HUNTING, or bowhunting practices before
   42  being issued another hunting license.
   43    d. Every person injuring himself, herself or another person in a hunt-
   44  ing accident, as such term is  defined  in  subdivision  25  of  section
   45  11-0103  of  this chapter, and the investigating law enforcement officer
   46  summoned to or arriving at the scene of such accident shall  within  ten
   47  days  from the occurrence of such accident file a report of the accident
   48  in writing with the department. Every such  person  or  law  enforcement
   49  officer  shall  make such other and additional reports as the department
   50  shall require.  Failure to report such accident as  herein  provided  by
   51  the person causing injury or to furnish relevant information required by
   52  the  department  shall  be  a violation and shall constitute grounds for
   53  suspension or revocation of such person's hunting licenses and denial of
   54  the privilege of obtaining any such license and of hunting with or with-
   55  out a license following a hearing or opportunity to be heard.  In  addi-
   56  tion,  the  department may temporarily suspend the license of the person
       A. 283--A                           4
    1  failing to report a hunting accident within the period prescribed herein
    2  until such report has been filed. In the case  of  a  non-resident,  the
    3  failure  to  report  an  accident  as  herein  provided shall constitute
    4  grounds for suspension or revocation of his or her privileges of hunting
    5  within  this state. The report required by this section shall be made in
    6  such form and number as the department may prescribe.
    7    S 7. Subdivision 2 of section 11-0719 of the  environmental  conserva-
    8  tion  law,  as amended by section 27 of part R of chapter 58 of the laws
    9  of 2013, is amended to read as follows:
   10    2. a. The department may revoke the licenses, tags, bowhunting  privi-
   11  leges,  or muzzle-loading privileges, which authorize the holder to hunt
   12  and/or trap wildlife, and may  deny  the  privilege  of  obtaining  such
   13  licenses, tags, bowhunting privileges, or muzzle-loading privileges, and
   14  may  deny  the  privileges  of hunting and/or trapping with or without a
   15  license.
   16    (1) of any person who, while engaged in hunting or trapping,
   17    (i) causes death or injury to another by discharging a firearm, CROSS-
   18  BOW, or longbow, or
   19    (ii) so negligently discharges a firearm, CROSSBOW, or longbow  as  to
   20  endanger the life or safety of another, or
   21    (iii)  so  negligently and wantonly discharges a firearm, CROSSBOW, or
   22  longbow as to destroy or damage public or private property; or
   23    (2) of any agent of the department authorized to issue certificates of
   24  qualification in responsible hunting, bowhunting, CROSSBOW  HUNTING,  or
   25  trapping  practices  who  improperly  issues any such certification to a
   26  person whom he has not trained, or whom he knows has not  satisfactorily
   27  completed all of the requirements necessary for such certification.
   28    b.  Action  by  the  department  resulting  in  the revocation of such
   29  license or denial of the privilege to hunt and trap as provided in  this
   30  subdivision  shall  be  only after a hearing held by the department upon
   31  notice to the offender, at which proof of facts indicating the violation
   32  is established to the satisfaction of the commissioner or of the hearing
   33  officer designated by him and concurred in by the commissioner. Provided
   34  that where a person, while hunting, causes death or injury to any person
   35  by discharge of a firearm, CROSSBOW, or longbow, the  commissioner  may,
   36  in his discretion, suspend such person's license or licenses to hunt and
   37  suspend such person's right to hunt without a license for a period of up
   38  to sixty days pending a hearing as provided for in this subdivision.
   39    c.  In  case  such discharge of a firearm, CROSSBOW, or longbow causes
   40  death or injury to another, the license or licenses,  bowhunting  privi-
   41  lege,  and  muzzle-loading privilege shall be revoked and the ability to
   42  obtain any such license and of hunting or of trapping  anywhere  in  the
   43  state  with  or without a license denied, for a period not exceeding ten
   44  years, except that no revocation shall be made in cases in  which  facts
   45  established  at  the hearing indicate to the satisfaction of the commis-
   46  sioner that there was no negligence  on  the  part  of  the  shooter  or
   47  bowman.  In  all  other cases the license or licenses, bowhunting privi-
   48  lege, or muzzle-loading privilege, shall be revoked and the privilege of
   49  obtaining such license, bowhunting privilege, or  muzzle-loading  privi-
   50  lege,  and of hunting or of trapping anywhere in the state with or with-
   51  out a license denied for a period not exceeding five years. The  depart-
   52  ment  may  also  require  that  the  person causing such death or injury
   53  successfully complete a department-sponsored course and obtain a certif-
   54  icate of qualification in responsible hunting  or  bowhunting  practices
   55  before being issued another hunting license.
       A. 283--A                           5
    1    d. Every person injuring himself, herself or another person in a hunt-
    2  ing  accident,  as  such  term  is  defined in subdivision 25 of section
    3  11-0103 of this article, and the investigating law  enforcement  officer
    4  summoned  to  or arriving at the scene of such accident shall within ten
    5  days  from the occurrence of such accident file a report of the accident
    6  in writing with the department. Every such  person  or  law  enforcement
    7  officer  shall  make such other and additional reports as the department
    8  shall require.  Failure to report such accident as  herein  provided  by
    9  the person causing injury or to furnish relevant information required by
   10  the  department  shall  be  a violation and shall constitute grounds for
   11  suspension or revocation of such person's hunting licenses and  bowhunt-
   12  ing  and  muzzle-loading  privileges and denial of the ability to obtain
   13  any such license and of hunting with or without a  license  following  a
   14  hearing  or  opportunity  to  be  heard. In addition, the department may
   15  temporarily suspend the license of the person failing to report a  hunt-
   16  ing  accident  within the period prescribed herein until such report has
   17  been filed. In the case of a non-resident,  the  failure  to  report  an
   18  accident  as  herein provided shall constitute grounds for suspension or
   19  revocation of his or her privileges of hunting within  this  state.  The
   20  report required by this section shall be made in such form and number as
   21  the department may prescribe.
   22    S  8.  Paragraphs  b  and c of subdivision 4 of section 11-0901 of the
   23  environmental conservation law, as amended by chapter 600 of the laws of
   24  1993, subparagraph 5 of paragraph b and subparagraph 5 of paragraph c as
   25  amended by chapter 430 of the laws of  2000,  are  amended  to  read  as
   26  follows:
   27    b. No person shall hunt deer:
   28    (1) with the aid of a dog, or aircraft of any kind; or
   29    (2) with the aid of a jacklight, spotlight, headlight or other type of
   30  artificial light; or
   31    (3) with a pistol, revolver or rifle using rim-fire ammunition; or
   32    (4)  with  a  shotgun  of less than twenty gauge or loaded with shells
   33  other than shells each carrying a single round ball or  a  single  slug,
   34  provided  however, the use of a shotgun of twenty gauge or larger having
   35  a rifled barrel or a smooth bore barrel  fitted  with  a  rifled  choke,
   36  loaded  with  shells each carrying a single round ball or a single slug,
   37  shall not be prohibited so long as only  shells  having  a  non-metallic
   38  case, except for the base, are used; or
   39    (5)  with [a bow other than] a long bow with a draw weight [in excess]
   40  of LESS THAN thirty-five pounds; or
   41    (6) with an arrow OR BOLT with an arrowhead that  measures  less  than
   42  seven-eighths  of an inch at its widest point or that has fewer than two
   43  sharp cutting edges; or
   44    (7) with the aid of a pre-established bait pile other than those areas
   45  established by standard agricultural production practices; or
   46    (8) with an arrow OR BOLT with a barbed broadhead arrowhead.
   47    c. No person shall hunt bear:
   48    (1) with the aid of a dog, or aircraft of any kind; or
   49    (2) with the aid of a jacklight, spotlight, headlight or other type of
   50  artificial light; or
   51    (3) with a pistol, revolver or rifle using rim-fire ammunition; or
   52    (4) with a shotgun of less than twenty gauge  or  loaded  with  shells
   53  other  than  shells  each carrying a single round ball or a single slug,
   54  provided however, the use of a shotgun of twenty gauge or larger  having
   55  a  rifled  barrel  or  a  smooth bore barrel fitted with a rifled choke,
   56  loaded with shells each carrying a single round ball or a  single  slug,
       A. 283--A                           6
    1  shall  not  be  prohibited  so long as only shells having a non-metallic
    2  case, except for the base, are used; or
    3    (5)  with [a bow other than] a long bow with a draw weight [in excess]
    4  of LESS THAN thirty-five pounds; or
    5    (6) with an arrow OR BOLT with an arrowhead that  measures  less  than
    6  seven-eighths  of an inch at its widest point or that has fewer than two
    7  sharp cutting edges; or
    8    (7) with the aid of a pre-established bait pile other than those areas
    9  established by standard agricultural production practices; or
   10    (8) with an arrow OR BOLT with a barbed broadhead arrowhead.
   11    S 9. Paragraph d of subdivision 4 of section 11-0901 of  the  environ-
   12  mental  conservation law, as amended by chapter 600 of the laws of 1993,
   13  is amended to read as follows:
   14    d. The use upon land inhabited by deer or bear of a  jacklight,  spot-
   15  light  or  other  type  of  artificial  light by any person who is or is
   16  accompanied by a person who is in possession, at the time of  such  use,
   17  of  a  long bow, a crossbow or firearm of any kind, shall be presumptive
   18  evidence that such person is hunting deer or bear with the aid  of  such
   19  light, in violation of this subdivision, unless:
   20    (1)  such long bow is unstrung, or such a firearm OR CROSSBOW is taken
   21  down, or securely fastened in a case, or locked in the trunk of a  vehi-
   22  cle, or
   23    (2) the firearm is a pistol or revolver, or
   24    (3)  the  firearm  is  not  in  or  on  a motor vehicle and is a rifle
   25  designed or adapted for use  of  rim-fire  ammunition  and  neither  the
   26  person in possession of the gun, nor any member of his party, has in his
   27  possession any twenty-two caliber ammunition other than twenty-two cali-
   28  ber rim-fire ammunition, or
   29    (4)  the  firearm is not in or on a motor vehicle and is a shotgun and
   30  neither the person in possession of the  gun,  nor  any  member  of  his
   31  party,  has  in  his possession ammunition other than shells loaded with
   32  scatter shot of size number four or smaller.
   33    S 10. Section 11-0901 of the environmental conservation law is amended
   34  by adding a new subdivision 17 to read as follows:
   35    17. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF  THIS  ARTICLE,  THE
   36  DEPARTMENT  MAY,  BY REGULATION, AUTHORIZE THE TAKING OF WILDLIFE BY THE
   37  USE OF A CROSSBOW BY ANY LICENSED PERSON IN ANY HUNTING SEASON. A SUMMA-
   38  RY  OF  REGULATIONS  ADOPTED  PURSUANT  TO  THIS  SUBDIVISION  SHALL  BE
   39  PUBLISHED  EACH  YEAR IN THE HUNTING AND FISHING SYLLABUS OF THE DEPART-
   40  MENT ISSUED PURSUANT TO SECTION 11-0323 OF THIS ARTICLE.
   41    S 11. Subdivision 2 of section 11-0931 of the environmental  conserva-
   42  tion law, as amended by section 7 of part H of chapter 58 of the laws of
   43  2012, is amended to read as follows:
   44    2. No firearm OR CROSSBOW except a pistol or revolver shall be carried
   45  or  possessed  in  or  on  a  motor vehicle unless it is unloaded, FOR A
   46  FIREARM in both the chamber and  the  magazine,  except  that  a  loaded
   47  firearm which may be legally used for taking migratory game birds may be
   48  carried  or possessed in a motorboat while being legally used in hunting
   49  migratory game birds, and no person except a law enforcement officer  in
   50  the  performance  of  his  official duties shall, while in or on a motor
   51  vehicle, use a jacklight, spotlight or other artificial light upon lands
   52  inhabited by deer if he is in possession or is accompanied by  a  person
   53  who is in possession, at the time of such use, of a longbow, crossbow or
   54  a  firearm  of any kind except a pistol or revolver, unless such longbow
   55  is unstrung or such firearm  OR  CROSSBOW  is  taken  down  or  securely
   56  fastened  in  a case or locked in the trunk of the vehicle. For purposes
       A. 283--A                           7
    1  of this subdivision, motor vehicle shall mean  every  vehicle  or  other
    2  device  operated  by  any power other than muscle power, and which shall
    3  include but not be limited to automobiles,  trucks,  motorcycles,  trac-
    4  tors,  trailers  and  motorboats, snowmobiles and snowtravelers, whether
    5  operated on or off public highways. Notwithstanding  the  provisions  of
    6  this subdivision, the department may issue a permit to any person who is
    7  non-ambulatory,  except  with  the use of a mechanized aid, to possess a
    8  loaded firearm in or on a motor vehicle  as  defined  in  this  section,
    9  subject to such restrictions as the department may deem necessary in the
   10  interest   of  public  safety.  Nothing  in  this  section  permits  the
   11  possession of a pistol or a revolver contrary to the penal law.
   12    S 12. Subdivision 4 of section 11-0931 of the environmental  conserva-
   13  tion  law,  subparagraph 3 of paragraph a as added by chapter 400 of the
   14  laws of 1973 and subparagraph 4 of paragraph a as added by chapter 67 of
   15  the laws of 1976, is amended to read as follows:
   16    4. a. No person shall:
   17    (1) discharge a firearm, CROSSBOW or long bow in such a  way  as  will
   18  result  in the load, BOLT or arrow thereof passing over a public highway
   19  or any part thereof;
   20    (2) discharge a firearm, CROSSBOW or long bow within five hundred feet
   21  from a dwelling house, farm building or farm structure actually occupied
   22  or used, school building, school  playground,  or  occupied  factory  or
   23  church;
   24    (3) use a firearm, CROSSBOW or a long bow for the hunting of migratory
   25  game  birds  in Larchmont Harbor, specifically those portions bounded by
   26  the following points of land:
   27    BEGINNING AT A POINT KNOWN AS UMBRELLA POINT  ON  THE  EAST  SHORE  OF
   28  LARCHMONT  HARBOR  THEN  PROCEEDING  IN  A  NORTHERLY DIRECTION TO CEDAR
   29  ISLAND; THENCE NORTHWESTERLY TO MONROE INLET;  THENCE  NORTHEASTERLY  TO
   30  DELANCY  COVE BEING IN THE TOWN OF MAMARONECK; THENCE IN A SOUTHWESTERLY
   31  DIRECTION FROM DELANCY COVE TO GREACEN POINT; THENCE  RUNNING  THE  AREA
   32  BETWEEN  DELANCY COVE AND THE WEST SHORE OF SATANS TOE NORTHEAST; THENCE
   33  SOUTHEAST THEN ALONG THE WEST SHORE OF SATANS  TOE  SOUTHWEST  AND  THEN
   34  SOUTH TO THE SOUTHERLY POINT OF SATANS TOE TO EDGEWATER POINT.
   35    (4) Use of a firearm, CROSSBOW or a long bow for the hunting of migra-
   36  tory  game  birds in Udall's Cove, specifically those portions of Little
   37  Neck Bay within Nassau and Queens counties lying east of a line  running
   38  north from the foot of Douglaston Parkway to the shore opposite.
   39    b.  The  prohibitions contained in subparagraph 2 of paragraph a above
   40  shall not apply to:
   41    (1) The owner or lessee of the dwelling house, or members of his imme-
   42  diate family actually residing therein, or a person in  his  employ,  or
   43  the  guest  of the owner or lessee of the dwelling house acting with the
   44  consent of said owner or lessee, provided however, that  nothing  herein
   45  shall be deemed to authorize such persons to discharge a firearm, CROSS-
   46  BOW  or longbow within five hundred feet of any other dwelling house, or
   47  a farm building or farm structure actually occupied or used, or a school
   48  building or playground or occupied factory or church;
   49    (2) Programs conducted by  public  schools  offering  instruction  and
   50  training in the use of firearms, CROSSBOW or long bow;
   51    (3)  The  authorized  use of a pistol, rifle or target range regularly
   52  operated and maintained by a police department or other law  enforcement
   53  agency or by any duly organized membership corporation;
   54    (4) The discharge of a shotgun over water by a person hunting migrato-
   55  ry  game  birds  if  no dwelling house or public structure, livestock or
       A. 283--A                           8
    1  person is situated in the line of discharge less than five hundred  feet
    2  from the point of discharge.
    3    S  13. Paragraph c of subdivision 5 of section 11-0931 of the environ-
    4  mental conservation law, as amended by chapter 309 of the laws of  2006,
    5  is amended to read as follows:
    6    c.  In  the Northern Zone no person, while engaged in hunting with the
    7  aid of a dog or while afield accompanied by a dog, shall possess a rifle
    8  larger than .22 caliber using rim-fire ammunition or possess  a  shotgun
    9  loaded  with  a  slug, ball or buckshot, OR POSSESS A CROSSBOW; but this
   10  paragraph does not apply to persons, engaged in coyote hunts  with  dogs
   11  during any open season on coyotes established pursuant to the provisions
   12  of section 11-0903.
   13    S 14. This act shall take effect immediately; provided that:
   14    1.  the  amendments to paragraph a of subdivision 1 of section 11-0719
   15  of the environmental conservation law made by section four of  this  act
   16  shall  take effect on the same date and in the same manner as section 26
   17  of part R of chapter 58 of the laws of 2013, takes effect; and
   18    2. the amendments to subdivision 2 of section 11-0719 of the  environ-
   19  mental  conservation  law  made  by section seven of this act shall take
   20  effect on the same date and in the same manner as section 27 of  part  R
   21  of chapter 58 of the laws of 2013, takes effect.