NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9623
SPONSOR: Gunther TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
crossbows; and to repeal certain provisions of such law relating thereto
PURPOSE:
To clarify that the taking of deer, bear, small game, fish and wild
upland game birds by crossbow is akin to the taking of such game by a
longbow; removes restrictions related to the maximum peak draw weight
and minimum limb width; establishes parity in relation to the minimum
distance with which a crossbow could be discharged from an occupied
structure consistent with that of a longbow; clarifies use of a crossbow
in relation to the hunter safety course be presented as part of the bow
hunter education course; and permits the use of a crossbow by youth
hunters 12 and 13 years of age.
SUMMARY OF PROVISIONS:
Section 1 - amends ECL 11-0701 to permit the taking of fish by crossbow;
removes language prohibiting the use of a crossbow by 12 and 13 year
olds in relation to the holder of a hunting license with a bow hunting
privilege; codifies that a crossbow be included within the bow hunting
privilege on a hunting license which authorizes the taking of wild deer
or bear; permits a non-resident to hunt bear with a crossbow so long as
the non-resident holder also possesses a hunting license with a bow
hunting privilege; removes the term crossbow from language governing a
muzzle-loading privilege.
Section 2 - amends ECL 11-0703 to codify that the hunting of deer and
bear by crossbow be included with long bows regarding the special arch-
ery season.
Section 3 - repeals ECL 11-0713 subdivision 6 which requires training in
the safe use of hunting with a crossbow as part of the basic hunter
education course for new hunters.
Sections 4 and 5 - amends ECL 11-0901 to permit the use of crossbows to
take wild game and wild upland birds and remove the provision that
crossbows may be used only by those 14 years of age and older.
Sections 6 and 7 - amends ECL 11-0901 to remove the maximum peak draw
weight requirement of 200 pounds in relation to the use of a crossbow
and the minimum limb width of such crossbow to be seventeen inches for
both the taking of deer and bear. Further codifies the taking of deer
and bear with a crossbow within the provision related to the possession
of a bow hunting privilege.
Section 8 - repeals ECL 11-0901 subdivisions 11 and 16 restricting the
carrying of a longbow afield which is equipped with a mechanical device
used to draw, hold or release the bow string or arrow and the issuance
of a permit to take big game or small game by use of crossbow equipped
with an apparatus which releases the bowstring by means of such person's
breath, respectively.
Section 9 - amends ECL 11-0903 to permit DEC to promulgate regulations
on the taking of wildlife by the use of a crossbow. The summary of such
regulations must be published annually in the hunting syllabus.
Section 10 - amends ECL 11-0929 to permit 12 and 13 year olds to hunt
with a crossbow so long as they are supervised by a parent or legal
guardian, or by a person 21 years of age or older who is designated by
the parent or guardian and holds a hunting license.
Section 11 - amends ECL 11-0929 removes the provision that the minor
hunter and his or her chaperone remain at ground level while hunting.
Section 12 - amends ECL 11-0931 to reduce, in relation to the discharge
of a crossbow in proximity to a dwelling or generally occupied struc-
ture, from 200 feet to 150 feet.
Section 13 - amends ECL 11-0933 to permit the use of a crossbow, for the
taking of small game and wild upland game birds, to include any licensed
person ages 12 and older. Makes a technical change to remove references
to the use of a crossbow in areas where shotgun or muzzle loaders are
permitted.
Section 14 - sets forth an immediate effective date.
JUSTIFICATION:
Crossbow hunting in New York State has proven to be a safe and effective
option for many hunters since their use was first authorized in 2014.
Unfortunately, for crossbow users the hunting season has been adversely
impacted due to the current statutory restrictions which do not recog-
nize the correlation of the crossbow with that of conventional bows.
The crossbow contains limbs and strings which are used to propel an
arrow, the same as that of a compound bow and long bow. Importantly, the
Federal government, via the Internal Revenue Service, has classified
crossbows, accessories attached to them and their arrows, as archery
equipment subject to the archery excise tax.
This legislation rightfully identifies hunters' use of a crossbow to be
in sync with the privileges afforded to those who hunt with a conven-
tional bow, thereby providing for additional hunting opportunities which
will ultimately help properly manage wildlife populations and stimulate
the economy of our great State.
LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
