S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1699
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Environmental Conservation
       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         permitting  hunting  with  crossbows  in certain circumstances; and to
         amend chapter 483 of the laws  of  2010,  amending  the  environmental
         conservation  law  relating to hunting by crossbow, in relation to the
         effectiveness thereof
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  3  of  section  11-0901 of the environmental
    2  conservation law, paragraphs a and b as amended by chapter  911  of  the
    3  laws of 1990, paragraph c as amended by chapter 825 of the laws of 1973,
    4  subparagraph  1  of paragraph c as amended by chapter 407 of the laws of
    5  1976, paragraph d as amended by chapter 15 of the laws  of  1976,  para-
    6  graph  e  as  amended by chapter 418 of the laws of 1996, paragraph f as
    7  amended by chapter 533 of the laws of 1973 and paragraph g as amended by
    8  chapter 34 of the laws of 1979, is amended to read as follows:
    9    3. a. Migratory game birds shall be taken only as permitted  by  regu-
   10  lations of the department adopted pursuant to section 11-0307.
   11    b. Wild deer and bear shall not be taken except by gun, CROSSBOW or by
   12  long  bow.  Where an open season, set forth in the table of open seasons
   13  in section 11-0907 or otherwise established by law  or  fixed  by  regu-
   14  lation,  is specified as an open season for taking such game by shotgun,
   15  CROSSBOW or long bow only, or is specified as an open season for  taking
   16  such  game by long bow only, they shall not be taken except as so speci-
   17  fied.
   18    c. Wild small game and wild upland game birds shall be taken  only  by
   19  longbow,  CROSSBOW or gun, or by the use of raptors as provided in title
   20  10 of this article, except that:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00023-01-3
       S. 1699                             2
    1    (1) skunk, raccoon, bobcat, coyote, fox, mink and muskrat may be taken
    2  in any manner not prohibited in this section or in title 11 of [the Fish
    3  and Wildlife Law] THIS ARTICLE, and
    4    (2)  frogs  may also be taken by spearing, catching with the hands, or
    5  by the use of a club or hook.
    6    d. Muskrat shall not be taken by the use of a spear and shall  not  be
    7  taken  by shooting except that until the state of Vermont shall prohibit
    8  taking of muskrats on Lake Champlain by shooting, muskrats may be taken,
    9  by shooting with a firearm not larger than twenty-two caliber,  on  Lake
   10  Champlain,  exclusive  of  the tributary streams flowing into such lake.
   11  Possession of pierced or stabbed muskrats shall be presumptive  evidence
   12  that they were unlawfully taken. Wild mink shall not be taken by the use
   13  of  firearms  in the Northern Zone nor elsewhere within the state with a
   14  firearm larger than twenty-two caliber. Skunk, raccoon, bobcat, mink and
   15  muskrat shall not be taken by  the  use  of  smoke,  chemicals,  gas  or
   16  poison. Beaver, fisher and otter shall not be hunted.
   17    e. Wild pheasant shall be taken only by shotgun, CROSSBOW or long bow,
   18  or  by  the  use  of  raptors  as  provided in title 10 of this article.
   19  Except as  specifically  authorized  by  regulation  of  the  department
   20  adopted  pursuant  to  section 11-1007 or whenever the department deter-
   21  mines that the taking of hen pheasants will result  in  better  pheasant
   22  management  and  not  be  detrimental to the natural propagation of such
   23  pheasants, only male wild pheasants shall be taken.
   24    f. No wildlife shall be taken with an arrow OR BOLT with an  explosive
   25  head  or shaft, or with an arrow, BOLT, dart or any device, propelled by
   26  any means, that is used for the purpose of injecting or  delivering  any
   27  type  of  drug  into  the blood system of such wildlife. Nothing in this
   28  paragraph shall be construed as  prohibiting  a  wildlife  biologist  or
   29  employee  of  the  department  or anyone acting under a license from the
   30  department from using any method to take wildlife  if  he  is  doing  so
   31  within  the  scope  of his employment for the department, or pursuant to
   32  the license issued by the department.
   33    g. Wildlife shall not be taken by the use of [a cross-bow, by] a  long
   34  bow  drawn, pulled, released, or held in a drawn position by any mechan-
   35  ical device attached to a portion of the bow other than  the  bowstring,
   36  or by the use of a device commonly called a spear gun.
   37    S 2.  Subdivision 17 of section 11-0901 of the environmental conserva-
   38  tion  law, as added by chapter 483 of the laws of 2010, is amended and a
   39  new subdivision 18 is added to read as follows:
   40    17. Notwithstanding any inconsistent provision of this [section] ARTI-
   41  CLE, the department may, by regulation, authorize the taking of big game
   42  by the use of a crossbow by any licensed person in any big  game  season
   43  [in  which  the use of a shotgun or muzzle loader is permitted, provided
   44  however that any such authorized taking of big game  by  the  use  of  a
   45  crossbow in a season or special season in which the muzzle loader is the
   46  only firearm permitted shall succeed the regular open hunting season for
   47  deer established pursuant to section 11-0907 of this title].
   48    18.    NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE, THE
   49  DEPARTMENT MAY, BY REGULATION, AUTHORIZE THE TAKING OF WILDLIFE  BY  THE
   50  USE OF A CROSSBOW BY ANY LICENSED PERSON IN ANY OPEN SEASON.
   51    S  3.    Section  17  of chapter 483 of the laws of 2010, amending the
   52  environmental conservation law  relating  to  hunting  by  crossbow,  is
   53  amended to read as follows:
   54    S 17. This act shall take effect October 1, 2010, except that sections
   55  four  and  five of this act shall take effect February 1, 2011, provided
   56  that any rules or regulations necessary for the timely implementation of
       S. 1699                             3
    1  the provisions of this act on its effective date shall be promulgated on
    2  or before February 1, 2011 and provided further that SECTIONS FOUR, SIX,
    3  SEVEN, EIGHT, NINE, TEN, ELEVEN, TWELVE, FOURTEEN AND  FIFTEEN  OF  this
    4  act shall expire on December 31, 2012 when upon such date the provisions
    5  of [this act] SUCH SECTIONS shall be deemed repealed; provided, however,
    6  that  the  amendments to paragraph a of subdivision 2 of section 11-0907
    7  of the environmental conservation law made by section eleven of this act
    8  shall be subject to the  expiration  and  reversion  of  such  paragraph
    9  pursuant  to  section 13 of chapter 600 of the laws of 1993, as amended,
   10  when upon such date the provisions of section twelve of this  act  shall
   11  take effect.
   12    S 4. This act shall take effect immediately.