S T A T E O F N E W Y O R K
________________________________________________________________________
6284
2013-2014 Regular Sessions
I N A S S E M B L Y
March 25, 2013
___________
Introduced by M. of A. GABRYSZAK, GUNTHER -- read once and referred to
the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
migratory birds, game birds, turtles, longbows, crossbows, and cable
restraints and to repeal certain provisions of such law relating ther-
eto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 2 of section 11-0903 of the environmental
2 conservation law, as amended by chapter 911 of the laws of 1990, para-
3 graph c as amended and paragraph c-1 as added by chapter 366 of the laws
4 of 2011, paragraph e as amended and paragraph f as added by chapter 706
5 of the laws of 2005, is amended to read as follows:
6 2. The department may fix annually by regulation the open seasons and
7 bag limits for wild game of the following species, until the date speci-
8 fied:
9 a. Hungarian partridge;
10 b. black, gray and fox squirrels, bobcat, lynx, coyote, fox, European
11 hare, varying hare and cottontail rabbits, and may regulate or prohibit
12 the use of dogs in hunting varying hare during any regular open season
13 for deer;
14 c. pheasants anywhere in the state other than Long Island;
15 c-1. pheasants on Long Island, but only for those individuals who hold
16 a junior license, and provided that such youth pheasant hunting days are
17 held prior to the start of the open season as indicated in paragraph d
18 of subdivision two of section 11-0905 of this title;
19 d. BOBWHITE QUAIL;
20 E. raccoon;
21 [e.] F. wild turkeys;
22 [f.] G. frogs, salamanders, turtles, lizards and snakes.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09869-01-3
A. 6284 2
1 Such open seasons and bag limits may be fixed for the entire state[,
2 except on Long Island in the case of pheasants,] or for any county or
3 part thereof, giving due regard to abundance of the species and poten-
4 tial hunting pressure. The department may regulate the taking,
5 possession and disposition of wild turkeys.
6 S 2. Subdivision 1 of section 11-0903 of the environmental conserva-
7 tion law, as amended by chapter 84 of the laws of 2010, is amended to
8 read as follows:
9 1. Open seasons and bag limits with respect to migratory game birds
10 shall be those [published annually in the federal register by the U.S.
11 Department of the Interior, unless the department adopts regulations
12 pursuant to section 11-0307] SEASONS AND BAG LIMITS FOR NEW YORK ESTAB-
13 LISHED IN FEDERAL REGULATIONS MADE UNDER AUTHORITY OF THE MIGRATORY BIRD
14 TREATY ACT OF JULY 3, 1918 (16 U.S.C. SS 703-711) AS MAY BE AMENDED FROM
15 TIME TO TIME, PROVIDED HOWEVER THAT THE DEPARTMENT MAY ESTABLISH SEASONS
16 OR BAG LIMITS FOR MIGRATORY GAME BIRDS BY REGULATION PURSUANT TO SECTION
17 11-0307 OF THIS ARTICLE. Notice of such open seasons and bag limits
18 shall be provided by department press release and any other means that
19 the department determines to be appropriate and effective, including
20 posting on the department's public website.
21 S 3. Subdivision 1 of section 11-0903 of the environmental conserva-
22 tion law is amended to read as follows:
23 1. Open seasons and bag limits with respect to migratory game birds
24 shall be those [fixed by the department in regulations pursuant to
25 section 11-0307, to conform with] SEASONS AND BAG LIMITS FOR NEW YORK
26 ESTABLISHED IN federal regulations made under authority of the Migratory
27 Bird Treaty Act of July 3, 1918 (16 U.S.C. SS 703-711) AS MAY BE AMENDED
28 FROM TIME TO TIME, PROVIDED HOWEVER THAT THE DEPARTMENT MAY ESTABLISH
29 SEASONS OR BAG LIMITS FOR MIGRATORY GAME BIRDS BY REGULATION PURSUANT TO
30 SECTION 11-0307 OF THIS ARTICLE.
31 S 4. Paragraphs a, d and e of subdivision 2 of section 11-0905 of the
32 environmental conservation law, paragraph a as amended by chapter 84 of
33 the laws of 2010 and paragraphs d and e as amended by chapter 911 of the
34 laws of 1990, are amended to read as follows:
35 a. Migratory game Fixed annually Fixed annually
36 birds, all species by federal by federal
37 regulation[, regulation[,
38 unless the] OR unless the] OR
39 state [adopts] state [adopts]
40 regulation regulation
41 d. Ring-necked [Long Island November [Long Island, four
42 pheasant 1 through December birds in one day,
43 31. Elsewhere, thirty during season.
44 fixed] FIXED Elsewhere, fixed]
45 annually by FIXED annually
46 regulation by regulation
47 e. [Quail] [Orange, Putnam and [Orange, Putnam and
48 BOBWHITE Westchester counties, Westchester counties;
49 QUAIL fixed] FIXED four birds in one day,
50 annually by regulation[; ten during season.
51 Long Island, November Long Island, six birds
52 1 through December 31] in one day, forty
53 during season.]
54 FIXED ANNUALLY
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1 BY REGULATION
2 S 5. Paragraph a of subdivision 2 of section 11-0905 of the environ-
3 mental conservation law, as amended by chapter 911 of the laws of 1990,
4 is amended to read as follows:
5 a. Migratory game Fixed annually Fixed annually
6 birds, all species by FEDERAL by FEDERAL
7 OR STATE OR STATE
8 regulation regulation
9 S 6. Subdivision 10 of section 11-0701 of the environmental conserva-
10 tion law, as amended by chapter 57 of the laws of 1993 and as renumbered
11 by chapter 470 of the laws of 1994, is amended to read as follows:
12 10. A trapping license entitles the holder to trap beaver, otter,
13 fisher, mink, muskrat, skunk, raccoon, bobcat, coyote, fox, opossum,
14 weasel, pine marten, SNAPPING TURTLES, DIAMONDBACK TERRAPINS and unpro-
15 tected wildlife except birds, as provided in title 11 OF THIS ARTICLE,
16 subject to the provisions of subdivision [6] 3 of section 11-0713 of
17 this article.
18 S 7. Paragraph c of subdivision 3 of section 11-0901 of the environ-
19 mental conservation law, as amended by chapter 825 of the laws of 1973,
20 subparagraph 1 as amended by chapter 407 of the laws of 1976, is amended
21 to read as follows:
22 c. Wild small game and wild upland game birds shall be taken only by
23 longbow or gun, or by the use of raptors as provided in title 10 of this
24 article, except that:
25 (1) skunk, raccoon, bobcat, coyote, fox, mink and muskrat may be taken
26 in any manner not prohibited in this section or in title 11 of [the Fish
27 and Wildlife Law] THIS ARTICLE, [and]
28 (2) frogs may also be taken by spearing, catching with the hands, or
29 by the use of a club or hook, AND
30 (3) SNAPPING TURTLES AND DIAMONDBACK TERRAPINS MAY ALSO BE TAKEN BY
31 CATCHING WITH THE HANDS OR BY THE USE OF A NET OR POLE, OR BY TRAPPING
32 PURSUANT TO TITLES 7 AND 11 OF THIS ARTICLE.
33 S 8. Subdivision 1 of section 11-1103 of the environmental conserva-
34 tion law, as amended by chapter 911 of the laws of 1990, is amended to
35 read as follows:
36 1. The department may by regulation permit trapping of beaver, fisher,
37 otter, bobcat, coyote, fox, raccoon, opossum, weasel, skunk, muskrat,
38 pine marten [and], mink, SNAPPING TURTLES, AND DIAMONDBACK TERRAPINS, or
39 any of them, in specified areas, and may regulate the taking, possession
40 and disposition of such animals. The periods in which trapping of such
41 animals is so permitted are open seasons for the trapping of the species
42 for which the period is fixed, in the area or areas for which it is so
43 fixed.
44 S 9. Paragraph g of subdivision 3 of section 11-0901 of the environ-
45 mental conservation law, as amended by chapter 34 of the laws of 1979,
46 is amended to read as follows:
47 g. [Wildlife] EXCEPT AS PROVIDED IN SUBDIVISIONS 15 AND 16 OF THIS
48 SECTION, WILDLIFE shall not be taken by the use of a cross-bow, by a
49 long bow drawn, pulled, released, or held in a drawn position by any
50 mechanical device attached to a portion of the bow other than the
51 bowstring, or by the use of a device commonly called a spear gun.
52 S 10. Subdivision 15 of section 11-0901 of the environmental conserva-
53 tion law, as amended by chapter 81 of the laws of 1988, is amended to
54 read as follows:
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1 15. Notwithstanding any inconsistent provision of this section, the
2 department may issue a permit [to take] OR ADOPT REGULATIONS TO ALLOW
3 THE TAKING OF big game or small game by the use of a bow equipped with a
4 mechanical device for holding and releasing the bowstring, attached to
5 the handle section of an otherwise legal bow, [to] BY any person who is
6 permanently physically incapable of drawing and holding a bow because of
7 a physical [handicap or] disability, subject to such restrictions as the
8 department may deem necessary in the interest of public safety.
9 S 11. Subdivision 16 of section 11-0901 of the environmental conserva-
10 tion law is REPEALED and a new subdivision 16 is added to read as
11 follows:
12 16. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE, A
13 PERSON WHO IS LICENSED TO HUNT WITH A LONG BOW MAY POSSESS AND USE A
14 CROSSBOW WHENEVER AND WHEREVER HUNTING WITH A LONG BOW IS PERMITTED BY
15 THIS ARTICLE OR BY REGULATIONS ADOPTED PURSUANT THERETO, IF SUCH PERSON
16 IS ONE OF THE FOLLOWING:
17 A. A PERSON WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE; OR
18 B. A PERSON WITH A PERMANENT PHYSICAL DISABILITY.
19 FOR PURPOSES OF THIS SUBDIVISION, "PERSON WITH A PERMANENT PHYSICAL
20 DISABILITY" SHALL MEAN ANY PERSON WHO IS PERMANENTLY PHYSICALLY INCAPA-
21 BLE OF ARM MOVEMENT SUFFICIENT TO DRAW, HOLD OR RELEASE A LONG BOW, AS
22 DETERMINED BY A PHYSICIAN DULY LICENSED TO PRACTICE MEDICINE IN THE
23 STATE OF NEW YORK. THE DEPARTMENT IS AUTHORIZED TO ADOPT REGULATIONS
24 REQUIRING DOCUMENTATION TO ESTABLISH THAT AN APPLICANT IS ELIGIBLE TO
25 USE A CROSSBOW PURSUANT TO THIS SUBDIVISION.
26 S 12. Subdivision 4 of section 11-0931 of the environmental conserva-
27 tion law, subparagraph 3 of paragraph a as added by chapter 400 of the
28 laws of 1973 and subparagraph 4 of paragraph a as added by chapter 67 of
29 the laws of 1976, is amended to read as follows:
30 4. a. No person shall:
31 (1) discharge a firearm or long bow in such a way as will result in
32 the load or arrow thereof passing over a public highway or any part
33 thereof;
34 (2) discharge a firearm [or long bow] within five hundred feet [from]
35 OF a dwelling house, farm building or farm structure actually occupied
36 or used, school building, school playground, or occupied factory or
37 church;
38 (3) DISCHARGE A LONG BOW WITHIN TWO HUNDRED FIFTY FEET OF A DWELLING
39 HOUSE, FARM BUILDING OR FARM STRUCTURE ACTUALLY OCCUPIED OR USED, SCHOOL
40 BUILDING, SCHOOL PLAYGROUND, OR OCCUPIED FACTORY OR CHURCH;
41 (4) use a firearm or a long bow for the hunting of migratory game
42 birds in Larchmont Harbor, specifically those portions bounded by the
43 following points of land:
44 BEGINNING AT A POINT KNOWN AS UMBRELLA POINT ON THE EAST SHORE OF
45 LARCHMONT HARBOR THEN PROCEEDING IN A NORTHERLY DIRECTION TO CEDAR
46 ISLAND; THENCE NORTHWESTERLY TO MONROE INLET; THENCE NORTHEASTERLY TO
47 DELANCY COVE BEING IN THE TOWN OF MAMARONECK; THENCE IN A SOUTHWESTERLY
48 DIRECTION FROM DELANCY COVE TO GREACEN POINT; THENCE RUNNING THE AREA
49 BETWEEN DELANCY COVE AND THE WEST SHORE OF SATANS TOE NORTHEAST; THENCE
50 SOUTHEAST THEN ALONG THE WEST SHORE OF SATANS TOE SOUTHWEST AND THEN
51 SOUTH TO THE SOUTHERLY POINT OF SATANS TOE TO EDGEWATER POINT.
52 [(4)] (5) Use of a firearm or a long bow for the hunting of migratory
53 game birds in Udall's Cove, specifically those portions of Little Neck
54 Bay within Nassau and Queens counties lying east of a line running north
55 from the foot of Douglaston Parkway to the shore opposite.
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1 b. The prohibitions contained in [subparagraph] SUBPARAGRAPHS 2 AND 3
2 of paragraph a [above] OF THIS SUBDIVISION shall not apply to:
3 (1) The owner or lessee of the dwelling house, or members of his imme-
4 diate family actually residing therein, or a person in his employ, or
5 the guest of the owner or lessee of the dwelling house acting with the
6 consent of said owner or lessee, provided however, that nothing herein
7 shall be deemed to authorize such persons to discharge a firearm WITHIN
8 FIVE HUNDRED FEET or A longbow within [five] TWO hundred FIFTY feet of
9 any other dwelling house, or a farm building or farm structure actually
10 occupied or used, or a school building or playground or occupied factory
11 or church;
12 (2) Programs conducted by public schools offering instruction and
13 training in the use of firearms or long bow;
14 (3) The authorized use of a pistol, rifle or target range regularly
15 operated and maintained by a police department or other law enforcement
16 agency or by any duly organized membership corporation;
17 (4) The discharge of a shotgun over water by a person hunting migrato-
18 ry game birds if no dwelling house or public structure, livestock or
19 person is situated in the line of discharge less than five hundred feet
20 from the point of discharge.
21 S 13. Subdivision 5 of section 11-1101 of the environmental conserva-
22 tion law is amended to read as follows:
23 5. Except as provided in subdivision 1 or 2 of section 11-0523 OF THIS
24 ARTICLE with respect to destructive and menacing wildlife, no person
25 shall (a) set or use a trap of the leg-gripping type having teeth in the
26 jaws; (b) set a trap so that wildlife when caught is suspended; (c) use,
27 locate or set a snare or a device consisting of a noose of any material
28 whereby an animal may be taken, PROVIDED HOWEVER THAT THE DEPARTMENT
29 MAY, BY REGULATION, AUTHORIZE THE USE OF LIVE RESTRAINT CABLE DEVICES TO
30 TAKE WILDLIFE.
31 S 14. This act shall take effect immediately; provided that:
32 (a) the amendments to paragraph c-1 of subdivision 2 of section
33 11-0903 of the environmental conservation law made by section one of
34 this act shall be subject to the repeal of such paragraph and shall be
35 deemed repealed therewith;
36 (b) the amendments to subdivision 1 of section 11-0903 of the environ-
37 mental conservation law made by section two of this act shall be subject
38 to the expiration and reversion of such subdivision pursuant to section
39 5 of chapter 84 of the laws of 2010, as amended, when upon such date the
40 provisions of section three of this act shall take effect; and
41 (c) the amendments to paragraph a of subdivision 2 of section 11-0905
42 of the environmental conservation law made by section four of this act
43 shall be subject to the expiration and reversion of such paragraph
44 pursuant to section 5 of chapter 84 of the laws of 2010, as amended,
45 when upon such date the provisions of section five of this act shall
46 take effect.