S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7508
                                   I N  S E N A T E
                                     May 15, 2014
                                      ___________
       Introduced  by  Sen.  GIPSON -- 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
         management,  expanding longbow hunting season and authorizing towns to
         enact local laws relating to the discharge of longbows
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  11-0907 of the environmental conservation law is
    2  amended by adding a new subdivision 11 to read as follows:
    3    11. DURING ANY SPECIAL MUZZLE-LOADING FIREARM OPEN SEASON  ESTABLISHED
    4  PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION LONGBOW HUNTING SHALL ALSO
    5  BE PERMITTED IN THE NORTHERN ZONE.
    6    S  2. Section 11-0305 of the environmental conservation law is amended
    7  by adding a new subdivision 19 to read as follows:
    8    19. TO PREPARE OR CAUSE TO BE PREPARED A STATE  DEER  MANAGEMENT  PLAN
    9  FOR  THE  WHITE-TAILED  DEER  (ODOCOILEUS  VIRGINIANUS). SAID PLAN SHALL
   10  ESTABLISH GOALS AND METHODS FOR DEER MANAGEMENT AND POPULATION  CONTROL,
   11  INCLUDING HUNTING REGULATIONS AND SHALL BE REEVALUATED AND UPDATED EVERY
   12  FIVE  YEARS.  SUCH PLAN SHALL INCLUDE AN ANALYSIS OF CURRENT DEER DENSI-
   13  TIES ON A REGIONAL BASIS AND ANALYZE WHETHER IT IS SCIENTIFICALLY APPRO-
   14  PRIATE TO REDUCE THE DEER POPULATION TO BETWEEN TEN TO  TWENTY-FIVE  PER
   15  SQUARE  MILE.  SUCH PLAN SHALL ALSO INCLUDE ANALYSIS OF THE ROLE OF DEER
   16  IN THE SPREAD OF TICK-BORNE DISEASES AND OUTLINE METHODS FOR  DECREASING
   17  THE TRANSMISSION OF TICK-BORNE DISEASE DUE TO DEER POPULATION.
   18    S  3.  Paragraph a of subdivision 2 of section 11-0907 of the environ-
   19  mental conservation law, as amended by section 14 of part EE of  chapter
   20  55 of the laws of 2014, is amended to read as follows:
   21    a.  Regular  open  hunting seasons for deer are established separately
   22  for the named regions or parts of regions, or named counties  listed  in
   23  column one of the table set forth in this subdivision, and are specified
   24  as  seasons  for  taking  by  pistol, rifle, shotgun or long bow, or for
   25  taking by shotgun, crossbow or long bow only, or for taking by long  bow
   26  only,  as  indicated  in column three entitled "Manner of Taking". Where
   27  taking of big game by shotgun is permitted by this chapter such  shotgun
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14075-02-4
       S. 7508                             2
    1  may  contain rifling in all or a portion of the barrel, provided, howev-
    2  er, if the barrel or a portion thereof does contain rifling only  shells
    3  having  non-metallic  cases,  except  for  the base, may be used. In the
    4  areas identified in column one except in the "closed areas" specified in
    5  subdivision five of this section the game specified in column two may be
    6  taken  in the open season stated in column two immediately following the
    7  specification of the game, in the manner specified in column three.
    8                                    TABLE
    9       Column One                Column Two               Column Three
   10          Area              Game and Open Season        Manner of Taking
   11  (a) Northern Zone         Deer, next to last       Pistol, rifle,
   12                            Saturday in October      shotgun, crossbow
   13                            through first Sunday      or long bow
   14                            in December
   15  (b) Catskill region       Deer, first Monday       Pistol, rifle,
   16  except Delaware,          after November 15        shotgun[,] OR
   17  Greene, Sullivan,         through first Tuesday    crossbow
   18  Ulster counties           after December 7         [or long bow]
   19  and those counties
   20  or portions thereof
   21  listed in item (i)
   22  of this paragraph
   23  (c) Counties of           Deer, first Monday       Pistol, rifle,
   24  Delaware, Greene,         after November 15        shotgun[,] OR
   25  Sullivan and Ulster       through first Tuesday    crossbow
   26                            after December 7         [or long bow]
   27  (d) Eastern region,       Deer, first Monday       Pistol, shotgun,
   28  except Columbia,          after November 15        crossbow[,] OR
   29  Fulton, Orange,           through first Tuesday    muzzle loading
   30  Rensselaer, Saratoga,     after December 7         firearm [or
   31  Washington Counties                                long bow only]
   32  and those counties
   33  or portions thereof
   34  listed in item (i)
   35  of this paragraph
   36  (e) Fulton, Saratoga,     Deer, first Monday       Pistol, rifle,
   37  Washington (parts         after November 15        shotgun[,] OR
   38  in the Southern           through first Tuesday    crossbow
   39  zone), Columbia,          after December 7         [or long bow]
   40  Orange, and
   41  Rensselaer
   42  counties
   43  (f) Southern tier,        Deer, first              Pistol, shotgun,
   44  central and Western       Monday after November    crossbow[,] OR
   45  region, except those      15 through first         muzzle loading
   46  counties or portions      Tuesday after            firearm [or
   47  thereof listed in         December 7               long bow only]
   48  item (i), (k)
       S. 7508                             3
    1  or (l) of this
    2  paragraph
    3  (g) [Westchester          Deer of either sex,      long bow only
    4  County] SOUTHERN          [November] OCTOBER
    5  ZONE EXCEPT               1 through
    6  SUFFOLK COUNTY            December 31
    7  (h) Suffolk County        Deer of either sex       long bow only
    8                            Second Monday in
    9                            November through
   10                            December thirty-first
   11  (i) The counties of       Deer, the first Monday   Pistol, shotgun,
   12  Allegany, Cattaraugus,    after November 15        crossbow,
   13  Cayuga, Chautauqua        through first Tuesday    muzzle loading
   14  except that portion       after December 7         firearm[,] OR
   15  of the county north                                rifle [or
   16  of route 20, Chemung,                              long bow only]
   17  Chenango, Herkimer,
   18  Madison,
   19  Montgomery, Oneida,
   20  Oswego, Otsego,
   21  Schoharie, Schuyler,
   22  Steuben, Tioga,
   23  Wyoming and Yates
   24  and that portion of
   25  the county of
   26  Broome east of the
   27  Susquehanna river
   28  (k) The county of         Deer, the first          Pistol, shotgun,
   29  Ontario                   Saturday after November  crossbow,
   30                            15 through first Sunday  muzzle loading
   31                            after December 7         firearm[,] OR
   32                                                     rifle [or
   33                                                     long bow only]
   34  (l) The county of         Deer, the first          Pistol, shotgun,
   35  Wayne                     Saturday after November  crossbow,
   36                            15 through first Sunday  muzzle loading
   37                            after December 7         firearm[,] OR
   38                                                     rifle [or long
   39                                                     bow only]
   40    S  4.  Paragraph a of subdivision 2 of section 11-0907 of the environ-
   41  mental conservation law, as amended by section 15 of part EE of  chapter
   42  55 of the laws of 2014, is amended to read as follows:
   43    a. Regular open hunting seasons for big game are established separate-
   44  ly  for  the named regions or parts of regions, or named counties listed
   45  in column one of the table set forth in this subdivision, and are speci-
   46  fied as seasons for taking by pistol, rifle, shotgun or long bow, or for
   47  taking by shotgun or long bow only, or for taking by long bow  only,  as
   48  indicated  in  column three entitled "Manner of Taking". Where taking of
   49  big game by shotgun is  permitted  by  this  chapter  such  shotgun  may
   50  contain rifling in all or a portion of the barrel, provided, however, if
   51  the  barrel or a portion thereof does contain rifling only shells having
       S. 7508                             4
    1  non-metallic cases, except for the base, may be used. In the areas iden-
    2  tified in column one except in the "closed areas" specified in  subdivi-
    3  sion  5 the game specified in column two may be taken in the open season
    4  stated  in  column  two  immediately  following the specification of the
    5  game, in the manner specified in column three.
    6                                    TABLE
    7       Column One                Column Two               Column Three
    8          Area              Game and Open Season        Manner of Taking
    9  (a) Northern Zone         Deer and bear, next     Pistol, rifle,
   10                            to last Saturday in     shotgun,
   11                            October through first   crossbow
   12                            Sunday in December      or long bow
   13  (b) Catskill region       Deer and bear, first    Pistol, rifle,
   14    except Delaware,        Monday after            shotgun[,] OR
   15    Greene, Sullivan,       November 15 through     crossbow
   16    Ulster counties         first Tuesday after     [or long bow]
   17    and those counties      December 7
   18    or portions thereof
   19    listed in item (i)
   20    of this paragraph
   21  (c) Counties of           Deer, first Monday      Pistol, rifle,
   22    Delaware, Greene,       after November 15       shotgun[,] OR
   23    Sullivan and Ulster     through first Tuesday   crossbow
   24                            after December 7;       [or long bow]
   25                            Bear, first Monday
   26                            after November 15
   27                            through second
   28                            Tuesday after
   29                            December 7
   30  (d) Eastern region,       Deer and bear,          Pistol, shotgun,
   31    except Columbia,        first Monday after      crossbow[,] OR
   32    Fulton, Orange,         November 15 through     muzzle loading firearm
   33    Rensselaer, Saratoga,   first Tuesday after     [or long bow only]
   34    Washington Counties     December 7
   35    and those counties
   36    or portions thereof
   37    listed in item (i)
   38    of this paragraph
   39  (e) Fulton, Saratoga,     Deer and bear, first    Pistol, rifle,
   40    Washington (parts       Monday after November   shotgun[,] OR
   41    in the Southern         15 through first        crossbow
   42    zone), Columbia,        Tuesday after           [or long bow]
   43    Orange, and             December 7
   44    Rensselaer
   45    counties
   46  (f) Southern tier,        Deer and bear, first    Pistol, shotgun,
   47    central and Western     Monday after November   crossbow[,] OR
   48    region, except those    15 through first        muzzle loading firearm
       S. 7508                             5
    1    counties or portions    Tuesday after           [or long bow only]
    2    thereof listed in       December 7
    3    item (i) of
    4    this paragraph
    5  (g) [Westchester          Deer of either sex,     Long bow only
    6   County] SOUTHERN         [November] OCTOBER 1
    7   ZONE EXCEPT              through December 31
    8   SUFFOLK COUNTY
    9  (h) Suffolk County        Deer of either sex      long bow only
   10                            Second Monday in
   11                            November through
   12                            December thirty-first
   13  (i) The counties of       Deer and bear, the      Pistol, shotgun,
   14    Allegany, Cattaraugus,  first Monday after      crossbow,
   15    Chautauqua except       November 15 through     muzzle loading
   16    that portion of the     first Tuesday after     firearm[,] OR
   17    county north of route   December 7              rifle [or
   18    20, Chenango,                                   long bow only]
   19    Herkimer, Montgomery,
   20    Oneida, Oswego,
   21    Otsego, Schoharie,
   22    Tioga and Wyoming
   23    and that portion
   24    of the county
   25    of Broome east of the
   26    Susquehanna river
   27    S  5.  Subdivision 7 of section 11-0903 of the environmental conserva-
   28  tion law is amended by adding a new paragraph h to read as follows:
   29    H. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION TO THE CONTRARY,
   30  THE TOWN BOARD OF ANY TOWN SHALL BE AUTHORIZED TO ENACT LOCAL  LAWS  TO:
   31  (I)  PERMIT  HUNTING  ON  SATURDAY  AND  SUNDAY DURING SUCH SEASON; (II)
   32  PERMIT THE USE OF A LONG BOW TO TAKE WILD DEER  DURING  SUCH  SEASON  IN
   33  AREAS DESIGNATED BY THE DEPARTMENT AND THE TOWN; AND (III) TO REPEAL THE
   34  REQUIREMENT OF A SPECIAL PERMIT PROVIDED BY THE DEPARTMENT AND ISSUED BY
   35  THE TOWN CLERK DURING SUCH SEASON AS PROVIDED FOR BY THIS SUBDIVISION.
   36    S  6.  Paragraph a of subdivision 4 of section 11-0931 of the environ-
   37  mental conservation law is amended by adding a new subparagraph  2-a  to
   38  read as follows:
   39    (2-A) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH TWO OF THIS PARA-
   40  GRAPH TO THE CONTRARY, ANY TOWN, ACTING THROUGH ITS TOWN BOARD, SHALL BE
   41  AUTHORIZED  TO  ENACT  LOCAL LAWS TO PERMIT A PERSON TO DISCHARGE A LONG
   42  BOW A DISTANCE OF NOT LESS THAN ONE HUNDRED FIFTY FEET FROM  A  DWELLING
   43  HOUSE,  FARM  BUILDING  OR  FARM STRUCTURE ACTUALLY OCCUPIED OR USED, OR
   44  OCCUPIED FACTORY.
   45    S 7. This act shall take effect immediately, provided that the  amend-
   46  ments to paragraph a of subdivision 2 of section 11-0907 of the environ-
   47  mental  conservation  law  made  by  section  three of this act shall be
   48  subject to the expiration and repeal of such paragraph pursuant to chap-
   49  ter 600 of the laws of  1993,  as  amended,  when  upon  such  date  the
   50  provisions of section four of this act shall take effect.