STATE OF NEW YORK
________________________________________________________________________
283--B
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
___________
Introduced by M. of A. RYAN, CROUCH, PALMESANO, STEVENSON, TENNEY, BRIN-
DISI, RUSSELL, LUPARDO, MAGNARELLI, GIGLIO, STIRPE, BUTLER, BARCLAY --
read once and referred to the Committee on Environmental Conservation
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- again reported from said commit-
tee with amendments, ordered reprinted as amended and recommitted to
said committee
AN ACT to amend the environmental conservation law, in relation to
authorizing crossbow hunting in certain regions of the state
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 25 of section 11-0103 of the environmental
2 conservation law, as amended by chapter 595 of the laws of 1984, is
3 amended to read as follows:
4 25. "Hunting accident" means the injury to or death of a person caused
5 by the discharge of a firearm, crossbow, or longbow while the person
6 causing such injury or death, or the person injured or killed, is taking
7 or attempting to take game, wildlife or fish.
8 § 2. Section 11-0713 of the environmental conservation law is amended
9 by adding a new subdivision 6 to read as follows:
10 6. The department shall adopt regulations for training in the safe use
11 of hunting with a crossbow and responsible hunting practices. Such
12 training shall be included in the basic hunter education course required
13 of all new hunters. Upon completion of the training by an individual the
14 department shall provide documentation of the successful completion of
15 the course. All persons who have completed hunter education prior to the
16 date which crossbow training has been incorporated into the hunter
17 education program shall complete an online or other training program
18 approved by the department prior to using a crossbow to hunt big game.
19 The department may adopt rules and regulations as necessary to document
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00023-09-3
A. 283--B 2
1 completion of this program and may require a person to possess such
2 proof while hunting with a crossbow.
3 § 3. Paragraph a of subdivision 1 of section 11-0719 of the environ-
4 mental conservation law, as amended by chapter 176 of the laws of 1987,
5 is amended to read as follows:
6 a. In the circumstances described in paragraph b the department may
7 revoke any license or stamp, of any person, to hunt, fish or trap,
8 defined in section 11-0701 or issued pursuant to any provision of [the
9 Fish and Wildlife Law] this article, or it may revoke all of such
10 licenses or stamps. It may also deny such person, for a period not
11 exceeding five years, the privilege of obtaining such license or
12 licenses or stamp or stamps or of hunting, trapping or fishing, anywhere
13 in the state with or without license or stamp, except as provided in
14 subdivision 1 of section 11-0707 or in section 11-0523. It may also
15 require that such person successfully complete a department-sponsored
16 course and obtain a certificate of qualification in responsible hunting,
17 [responsible] crossbow hunting, bowhunting or [responsible] trapping
18 practices before being issued another license.
19 § 3-a. Paragraph a of subdivision 1 of section 11-0719 of the environ-
20 mental conservation law, as amended by section 26 of part R of chapter
21 58 of the laws of 2013, is amended to read as follows:
22 a. In the circumstances described in paragraph b of this subdivision
23 the department may revoke any license, bowhunting privilege, or muzzle-
24 loading privilege, of any person, to hunt, fish or trap, defined in
25 section 11-0701 of this title or issued pursuant to any provision of
26 [the Fish and Wildlife Law] this article, or it may revoke all of such
27 licenses, bowhunting privileges, or muzzle-loading privileges. It may
28 also deny such person, for a period not exceeding five years, the privi-
29 lege of obtaining such license or licenses, bowhunting privilege, or
30 muzzle-loading privilege, or of hunting, trapping or fishing, anywhere
31 in the state with or without license, bowhunting privilege, or muzzle-
32 loading privilege, except as provided in subdivision 1 of section
33 11-0707 of this title or in section 11-0523 of this article. It may also
34 require that such person successfully complete a department-sponsored
35 course and obtain a certificate of qualification in responsible hunting,
36 [responsible] crossbow hunting, bowhunting or [responsible] trapping
37 practices before being issued another license.
38 § 4. Subparagraph 4 of paragraph b of subdivision 1 of section 11-0719
39 of the environmental conservation law, as amended by chapter 436 of the
40 laws of 2000, is amended to read as follows:
41 (4) is convicted of an offense involving a violation of subdivisions
42 one and two of section 11-0901 of this article relating to taking of
43 wildlife when the person taking is in or on a motor vehicle while such
44 motor vehicle is on a public highway or an offense involving a violation
45 of subdivision one of section 11-0901 of this article and subparagraph
46 one of paragraph a of subdivision four of section 11-0931 of this arti-
47 cle relating to taking wildlife when the person taking is in or on a
48 motor vehicle and discharging a firearm, crossbow, or longbow in such a
49 way that the load or arrow passes over a public highway or a part there-
50 of or signs an acknowledgment of any such violation for the purpose of
51 affecting a settlement by civil compromise or by stipulation.
52 § 5. Subdivision 2 of section 11-0719 of the environmental conserva-
53 tion law, paragraph a as amended by chapter 119 of the laws of 1999, the
54 opening paragraph of paragraph a as amended by section 33 of part F of
55 chapter 82 of the laws of 2002, paragraph b as amended by chapter 269 of
56 the laws of 1975, paragraph c as amended by chapter 176 of the laws of
A. 283--B 3
1 1987 and paragraph d as amended by chapter 595 of the laws of 1984, is
2 amended to read as follows:
3 2. a. The department may revoke the licenses, tags, and stamps which
4 authorize the holder to hunt and/or trap wildlife, and may deny the
5 privilege of obtaining such licenses, tags, and stamps and may deny the
6 privileges of hunting and/or trapping with or without a license.
7 (1) of any person who, while engaged in hunting or trapping,
8 (i) causes death or injury to another by discharging a firearm, cross-
9 bow, or longbow, or
10 (ii) so negligently discharges a firearm, crossbow, or longbow as to
11 endanger the life or safety of another, or
12 (iii) so negligently and wantonly discharges a firearm, crossbow, or
13 longbow as to destroy or damage public or private property; or
14 (2) of any agent of the department authorized to issue certificates of
15 qualification in responsible hunting, bowhunting, crossbow hunting, or
16 trapping practices who improperly issues any such certification to a
17 person whom he has not trained, or whom he knows has not satisfactorily
18 completed all of the requirements necessary for such certification.
19 b. Action by the department resulting in the revocation of such
20 license or denial of the privilege to hunt and trap as provided in this
21 subdivision shall be only after a hearing held by the department upon
22 notice to the offender, at which proof of facts indicating the violation
23 is established to the satisfaction of the commissioner or of the hearing
24 officer designated by him and concurred in by the commissioner. Provided
25 that where a person, while hunting, causes death or injury to any person
26 by discharge of a firearm, crossbow, or longbow, the commissioner may,
27 in his discretion, suspend such person's license or licenses to hunt and
28 suspend such person's right to hunt without a license for a period of up
29 to sixty days pending a hearing as provided for in this subdivision.
30 c. In case such discharge of a firearm, crossbow, or longbow causes
31 death or injury to another, the license or licenses shall be revoked and
32 the privilege of obtaining any such license and of hunting or of trap-
33 ping anywhere in the state with or without a license denied, for a peri-
34 od not exceeding ten years, except that no revocation shall be made in
35 cases in which facts established at the hearing indicate to the satis-
36 faction of the commissioner that there was no negligence on the part of
37 the shooter or bowman. In all other cases the license or licenses shall
38 be revoked and the privilege of obtaining such license and of hunting or
39 of trapping anywhere in the state with or without a license denied for a
40 period not exceeding five years. The department may also require that
41 the person causing such death or injury successfully complete a depart-
42 ment-sponsored course and obtain a certificate of qualification in
43 responsible hunting, crossbow hunting, or bowhunting practices before
44 being issued another hunting license.
45 d. Every person injuring himself, herself or another person in a hunt-
46 ing accident, as such term is defined in subdivision 25 of section
47 11-0103 of this chapter, and the investigating law enforcement officer
48 summoned to or arriving at the scene of such accident shall within ten
49 days from the occurrence of such accident file a report of the accident
50 in writing with the department. Every such person or law enforcement
51 officer shall make such other and additional reports as the department
52 shall require. Failure to report such accident as herein provided by
53 the person causing injury or to furnish relevant information required by
54 the department shall be a violation and shall constitute grounds for
55 suspension or revocation of such person's hunting licenses and denial of
56 the privilege of obtaining any such license and of hunting with or with-
A. 283--B 4
1 out a license following a hearing or opportunity to be heard. In addi-
2 tion, the department may temporarily suspend the license of the person
3 failing to report a hunting accident within the period prescribed herein
4 until such report has been filed. In the case of a non-resident, the
5 failure to report an accident as herein provided shall constitute
6 grounds for suspension or revocation of his or her privileges of hunting
7 within this state. The report required by this section shall be made in
8 such form and number as the department may prescribe.
9 § 5-a. Subdivision 2 of section 11-0719 of the environmental conserva-
10 tion law, as amended by section 27 of part R of chapter 58 of the laws
11 of 2013, is amended to read as follows:
12 2. a. The department may revoke the licenses, tags, bowhunting privi-
13 leges, or muzzle-loading privileges, which authorize the holder to hunt
14 and/or trap wildlife, and may deny the privilege of obtaining such
15 licenses, tags, bowhunting privileges, or muzzle-loading privileges, and
16 may deny the privileges of hunting and/or trapping with or without a
17 license.
18 (1) of any person who, while engaged in hunting or trapping,
19 (i) causes death or injury to another by discharging a firearm, cross-
20 bow, or longbow, or
21 (ii) so negligently discharges a firearm, crossbow, or longbow as to
22 endanger the life or safety of another, or
23 (iii) so negligently and wantonly discharges a firearm, crossbow, or
24 longbow as to destroy or damage public or private property; or
25 (2) of any agent of the department authorized to issue certificates of
26 qualification in responsible hunting, bowhunting, crossbow hunting, or
27 trapping practices who improperly issues any such certification to a
28 person whom he has not trained, or whom he knows has not satisfactorily
29 completed all of the requirements necessary for such certification.
30 b. Action by the department resulting in the revocation of such
31 license or denial of the privilege to hunt and trap as provided in this
32 subdivision shall be only after a hearing held by the department upon
33 notice to the offender, at which proof of facts indicating the violation
34 is established to the satisfaction of the commissioner or of the hearing
35 officer designated by him and concurred in by the commissioner. Provided
36 that where a person, while hunting, causes death or injury to any person
37 by discharge of a firearm, crossbow, or longbow, the commissioner may,
38 in his discretion, suspend such person's license or licenses to hunt and
39 suspend such person's right to hunt without a license for a period of up
40 to sixty days pending a hearing as provided for in this subdivision.
41 c. In case such discharge of a firearm, crossbow, or longbow causes
42 death or injury to another, the license or licenses, bowhunting privi-
43 lege, and muzzle-loading privilege shall be revoked and the ability to
44 obtain any such license and of hunting or of trapping anywhere in the
45 state with or without a license denied, for a period not exceeding ten
46 years, except that no revocation shall be made in cases in which facts
47 established at the hearing indicate to the satisfaction of the commis-
48 sioner that there was no negligence on the part of the shooter or
49 bowman. In all other cases the license or licenses, bowhunting privi-
50 lege, or muzzle-loading privilege, shall be revoked and the privilege of
51 obtaining such license, bowhunting privilege, or muzzle-loading privi-
52 lege, and of hunting or of trapping anywhere in the state with or with-
53 out a license denied for a period not exceeding five years. The depart-
54 ment may also require that the person causing such death or injury
55 successfully complete a department-sponsored course and obtain a certif-
A. 283--B 5
1 icate of qualification in responsible hunting or bowhunting practices
2 before being issued another hunting license.
3 d. Every person injuring himself, herself or another person in a hunt-
4 ing accident, as such term is defined in subdivision 25 of section
5 11-0103 of this article, and the investigating law enforcement officer
6 summoned to or arriving at the scene of such accident shall within ten
7 days from the occurrence of such accident file a report of the accident
8 in writing with the department. Every such person or law enforcement
9 officer shall make such other and additional reports as the department
10 shall require. Failure to report such accident as herein provided by
11 the person causing injury or to furnish relevant information required by
12 the department shall be a violation and shall constitute grounds for
13 suspension or revocation of such person's hunting licenses and bowhunt-
14 ing and muzzle-loading privileges and denial of the ability to obtain
15 any such license and of hunting with or without a license following a
16 hearing or opportunity to be heard. In addition, the department may
17 temporarily suspend the license of the person failing to report a hunt-
18 ing accident within the period prescribed herein until such report has
19 been filed. In the case of a non-resident, the failure to report an
20 accident as herein provided shall constitute grounds for suspension or
21 revocation of his or her privileges of hunting within this state. The
22 report required by this section shall be made in such form and number as
23 the department may prescribe.
24 § 6. Paragraphs b and c of subdivision 4 of section 11-0901 of the
25 environmental conservation law, as amended by chapter 600 of the laws of
26 1993, subparagraph 5 of paragraph b and subparagraph 5 of paragraph c as
27 amended by chapter 430 of the laws of 2000, are amended to read as
28 follows:
29 b. No person shall hunt deer:
30 (1) with the aid of a dog, or aircraft of any kind; or
31 (2) with the aid of a jacklight, spotlight, headlight or other type of
32 artificial light; or
33 (3) with a pistol, revolver or rifle using rim-fire ammunition; or
34 (4) with a shotgun of less than twenty gauge or loaded with shells
35 other than shells each carrying a single round ball or a single slug,
36 provided however, the use of a shotgun of twenty gauge or larger having
37 a rifled barrel or a smooth bore barrel fitted with a rifled choke,
38 loaded with shells each carrying a single round ball or a single slug,
39 shall not be prohibited so long as only shells having a non-metallic
40 case, except for the base, are used; or
41 (5) with [a bow other than] a long bow with a draw weight [in excess]
42 of less than thirty-five pounds; or
43 (6) with an arrow or bolt with an arrowhead that measures less than
44 seven-eighths of an inch at its widest point or that has fewer than two
45 sharp cutting edges; or
46 (7) with the aid of a pre-established bait pile other than those areas
47 established by standard agricultural production practices; or
48 (8) with an arrow or bolt with a barbed broadhead arrowhead.
49 c. No person shall hunt bear:
50 (1) with the aid of a dog, or aircraft of any kind; or
51 (2) with the aid of a jacklight, spotlight, headlight or other type of
52 artificial light; or
53 (3) with a pistol, revolver or rifle using rim-fire ammunition; or
54 (4) with a shotgun of less than twenty gauge or loaded with shells
55 other than shells each carrying a single round ball or a single slug,
56 provided however, the use of a shotgun of twenty gauge or larger having
A. 283--B 6
1 a rifled barrel or a smooth bore barrel fitted with a rifled choke,
2 loaded with shells each carrying a single round ball or a single slug,
3 shall not be prohibited so long as only shells having a non-metallic
4 case, except for the base, are used; or
5 (5) with [a bow other than] a long bow with a draw weight [in excess]
6 of less than thirty-five pounds; or
7 (6) with an arrow or bolt with an arrowhead that measures less than
8 seven-eighths of an inch at its widest point or that has fewer than two
9 sharp cutting edges; or
10 (7) with the aid of a pre-established bait pile other than those areas
11 established by standard agricultural production practices; or
12 (8) with an arrow or bolt with a barbed broadhead arrowhead.
13 § 7. Paragraph d of subdivision 4 of section 11-0901 of the environ-
14 mental conservation law, as amended by chapter 600 of the laws of 1993,
15 is amended to read as follows:
16 d. The use upon land inhabited by deer or bear of a jacklight, spot-
17 light or other type of artificial light by any person who is or is
18 accompanied by a person who is in possession, at the time of such use,
19 of a long bow, a crossbow or firearm of any kind, shall be presumptive
20 evidence that such person is hunting deer or bear with the aid of such
21 light, in violation of this subdivision, unless:
22 (1) such long bow is unstrung, or such a firearm or crossbow is taken
23 down, or securely fastened in a case, or locked in the trunk of a vehi-
24 cle, or
25 (2) the firearm is a pistol or revolver, or
26 (3) the firearm is not in or on a motor vehicle and is a rifle
27 designed or adapted for use of rim-fire ammunition and neither the
28 person in possession of the gun, nor any member of his party, has in his
29 possession any twenty-two caliber ammunition other than twenty-two cali-
30 ber rim-fire ammunition, or
31 (4) the firearm is not in or on a motor vehicle and is a shotgun and
32 neither the person in possession of the gun, nor any member of his
33 party, has in his possession ammunition other than shells loaded with
34 scatter shot of size number four or smaller.
35 § 8. Section 11-0901 of the environmental conservation law is amended
36 by adding a new subdivision 17 to read as follows:
37 17. Notwithstanding any inconsistent provision of this article, the
38 department may, by regulation, authorize the taking of wildlife by the
39 use of a crossbow by any licensed person in any hunting season, except
40 in the counties of Nassau, Suffolk and Westchester. A summary of regu-
41 lations adopted pursuant to this subdivision shall be published each
42 year in the hunting and fishing syllabus of the department issued pursu-
43 ant to section 11-0323 of this article.
44 § 9. Subdivision 2 of section 11-0931 of the environmental conserva-
45 tion law, as amended by section 7 of part H of chapter 58 of the laws of
46 2012, is amended to read as follows:
47 2. No firearm or crossbow except a pistol or revolver shall be carried
48 or possessed in or on a motor vehicle unless it is unloaded, for a
49 firearm in both the chamber and the magazine, except that a loaded
50 firearm which may be legally used for taking migratory game birds may be
51 carried or possessed in a motorboat while being legally used in hunting
52 migratory game birds, and no person except a law enforcement officer in
53 the performance of his official duties shall, while in or on a motor
54 vehicle, use a jacklight, spotlight or other artificial light upon lands
55 inhabited by deer if he is in possession or is accompanied by a person
56 who is in possession, at the time of such use, of a longbow, crossbow or
A. 283--B 7
1 a firearm of any kind except a pistol or revolver, unless such longbow
2 is unstrung or such firearm or crossbow is taken down or securely
3 fastened in a case or locked in the trunk of the vehicle. For purposes
4 of this subdivision, motor vehicle shall mean every vehicle or other
5 device operated by any power other than muscle power, and which shall
6 include but not be limited to automobiles, trucks, motorcycles, trac-
7 tors, trailers and motorboats, snowmobiles and snowtravelers, whether
8 operated on or off public highways. Notwithstanding the provisions of
9 this subdivision, the department may issue a permit to any person who is
10 non-ambulatory, except with the use of a mechanized aid, to possess a
11 loaded firearm in or on a motor vehicle as defined in this section,
12 subject to such restrictions as the department may deem necessary in the
13 interest of public safety. Nothing in this section permits the
14 possession of a pistol or a revolver contrary to the penal law.
15 § 10. Subdivision 4 of section 11-0931 of the environmental conserva-
16 tion law, subparagraph 3 of paragraph a as added by chapter 400 of the
17 laws of 1973 and subparagraph 4 of paragraph a as added by chapter 67 of
18 the laws of 1976, is amended to read as follows:
19 4. a. No person shall:
20 (1) discharge a firearm, crossbow or long bow in such a way as will
21 result in the load, bolt or arrow thereof passing over a public highway
22 or any part thereof;
23 (2) discharge a firearm, crossbow or long bow within five hundred feet
24 from a dwelling house, farm building or farm structure actually occupied
25 or used, school building, school playground, or occupied factory or
26 church;
27 (3) use a firearm, crossbow or a long bow for the hunting of migratory
28 game birds in Larchmont Harbor, specifically those portions bounded by
29 the following points of land:
30 BEGINNING AT A POINT KNOWN AS UMBRELLA POINT ON THE EAST SHORE OF
31 LARCHMONT HARBOR THEN PROCEEDING IN A NORTHERLY DIRECTION TO CEDAR
32 ISLAND; THENCE NORTHWESTERLY TO MONROE INLET; THENCE NORTHEASTERLY TO
33 DELANCY COVE BEING IN THE TOWN OF MAMARONECK; THENCE IN A SOUTHWESTERLY
34 DIRECTION FROM DELANCY COVE TO GREACEN POINT; THENCE RUNNING THE AREA
35 BETWEEN DELANCY COVE AND THE WEST SHORE OF SATANS TOE NORTHEAST; THENCE
36 SOUTHEAST THEN ALONG THE WEST SHORE OF SATANS TOE SOUTHWEST AND THEN
37 SOUTH TO THE SOUTHERLY POINT OF SATANS TOE TO EDGEWATER POINT.
38 (4) Use of a firearm, crossbow or a long bow for the hunting of migra-
39 tory game birds in Udall's Cove, specifically those portions of Little
40 Neck Bay within Nassau and Queens counties lying east of a line running
41 north from the foot of Douglaston Parkway to the shore opposite.
42 b. The prohibitions contained in subparagraph 2 of paragraph a above
43 shall not apply to:
44 (1) The owner or lessee of the dwelling house, or members of his imme-
45 diate family actually residing therein, or a person in his employ, or
46 the guest of the owner or lessee of the dwelling house acting with the
47 consent of said owner or lessee, provided however, that nothing herein
48 shall be deemed to authorize such persons to discharge a firearm, cross-
49 bow or longbow within five hundred feet of any other dwelling house, or
50 a farm building or farm structure actually occupied or used, or a school
51 building or playground or occupied factory or church;
52 (2) Programs conducted by public schools offering instruction and
53 training in the use of firearms, crossbow or long bow;
54 (3) The authorized use of a pistol, rifle or target range regularly
55 operated and maintained by a police department or other law enforcement
56 agency or by any duly organized membership corporation;
A. 283--B 8
1 (4) The discharge of a shotgun over water by a person hunting migrato-
2 ry game birds if no dwelling house or public structure, livestock or
3 person is situated in the line of discharge less than five hundred feet
4 from the point of discharge.
5 § 11. Paragraph c of subdivision 5 of section 11-0931 of the environ-
6 mental conservation law, as amended by chapter 309 of the laws of 2006,
7 is amended to read as follows:
8 c. In the Northern Zone no person, while engaged in hunting with the
9 aid of a dog or while afield accompanied by a dog, shall possess a rifle
10 larger than .22 caliber using rim-fire ammunition or possess a shotgun
11 loaded with a slug, ball or buckshot, or possess a crossbow; but this
12 paragraph does not apply to persons, engaged in coyote hunts with dogs
13 during any open season on coyotes established pursuant to the provisions
14 of section 11-0903.
15 § 12. This act shall take effect immediately; provided that:
16 1. the amendments to paragraph a of subdivision 1 of section 11-0719
17 of the environmental conservation law made by section three-a of this
18 act shall take effect on the same date and in the same manner as section
19 26 of part R of chapter 58 of the laws of 2013, takes effect; and
20 2. the amendments to subdivision 2 of section 11-0719 of the environ-
21 mental conservation law made by section five-a of this act shall take
22 effect on the same date and in the same manner as section 27 of part R
23 of chapter 58 of the laws of 2013, takes effect.
