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
       A. 6284                             3
    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:
       A. 6284                             4
    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.