New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 

A00924 Summary:

A00924 Actions:

A00924 Floor Votes:

A00924 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         924--E
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2009
                                       ___________
 
        Introduced  by  M.  of  A.  DelMONTE, GORDON, GIGLIO, GABRYSZAK, POWELL,
          SCHROEDER, LUPARDO, FIELDS -- Multi-Sponsored by -- M. of  A.  ALESSI,
          AMEDORE,  BACALLES,  BARCLAY,  CORWIN, CROUCH, HAWLEY, KELLNER, MAGEE,
          MAGNARELLI, MOLINARO,  O'MARA,  QUINN,  RABBITT,  SCOZZAFAVA,  TITONE,

          TOWNSEND  --  read once and referred to the Committee on Environmental
          Conservation -- recommitted to the Committee on Environmental  Conser-
          vation  in  accordance  with  Assembly  Rule  3,  sec.  2 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- again reported from said  committee  with  amend-
          ments,  ordered reprinted as amended and recommitted to said committee
          --  again  reported  from  said  committee  with  amendments,  ordered
          reprinted  as  amended  and  recommitted  to  said  committee -- again
          reported from said committee with  amendments,  ordered  reprinted  as
          amended  and recommitted to said committee -- again reported from said
          committee with amendments, ordered reprinted as amended and  recommit-
          ted to said committee
 

        AN ACT to amend the environmental conservation law, in relation to hunt-
          ing  by  crossbow;  and providing for the repeal of certain provisions
          upon expiration thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraphs b and c of subdivision 4 of section 11-0901 of
     2  the environmental conservation law, as amended by  chapter  600  of  the
     3  laws  of 1993, subparagraph 5 of paragraph b and subparagraph 5 of para-
     4  graph c as amended by chapter 430 of the laws of 2000,  are  amended  to
     5  read as follows:
     6    b. No person shall hunt deer:
     7    (1) with the aid of a dog, or aircraft of any kind; or
     8    (2) with the aid of a jacklight, spotlight, headlight or other type of
     9  artificial light; or
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01129-15-0
        A. 924--E                           2
 
     1    (3) with a pistol, revolver or rifle using rim-fire ammunition; or
     2    (4)  with  a  shotgun  of less than twenty gauge or loaded with shells
     3  other than shells each carrying a single round ball or  a  single  slug,
     4  provided  however, the use of a shotgun of twenty gauge or larger having
     5  a rifled barrel or a smooth bore barrel  fitted  with  a  rifled  choke,
     6  loaded  with  shells each carrying a single round ball or a single slug,
     7  shall not be prohibited so long as only  shells  having  a  non-metallic
     8  case, except for the base, are used; or

     9    (5)  with [a bow other than] a long bow with a draw weight [in excess]
    10  of less than thirty-five pounds; or
    11    (6) with an arrow or bolt with an arrowhead that  measures  less  than
    12  seven-eighths  of an inch at its widest point or that has fewer than two
    13  sharp cutting edges; or
    14    (7) with the aid of a pre-established bait pile other than those areas
    15  established by standard agricultural production practices; or
    16    (8) with an arrow or bolt with a barbed broadhead arrowhead; or
    17    (9) with a crossbow unless such crossbow shall consist of  a  bow  and
    18  string,  either  compound  or  recurve, that launches a minimum fourteen
    19  inch bolt, not including point, mounted upon a stock with a trigger that

    20  holds the string and limbs under tension  until  released.  The  trigger
    21  unit of such crossbow must have a working safety. The minimum limb width
    22  of  such  crossbow  shall  be seventeen inches, have a minimum peak draw
    23  weight of one hundred pounds and a  maximum  peak  draw  weight  of  two
    24  hundred pounds. The minimum overall length of such crossbow from butt to
    25  stock to front of limbs shall be twenty-four inches.
    26    c. No person shall hunt bear:
    27    (1) with the aid of a dog, or aircraft of any kind; or
    28    (2) with the aid of a jacklight, spotlight, headlight or other type of
    29  artificial light; or
    30    (3) with a pistol, revolver or rifle using rim-fire ammunition; or
    31    (4)  with  a  shotgun  of less than twenty gauge or loaded with shells

    32  other than shells each carrying a single round ball or  a  single  slug,
    33  provided  however, the use of a shotgun of twenty gauge or larger having
    34  a rifled barrel or a smooth bore barrel  fitted  with  a  rifled  choke,
    35  loaded  with  shells each carrying a single round ball or a single slug,
    36  shall not be prohibited so long as only  shells  having  a  non-metallic
    37  case, except for the base, are used; or
    38    (5)  with [a bow other than] a long bow with a draw weight [in excess]
    39  of less than thirty-five pounds; or
    40    (6) with an arrow or bolt with an arrowhead that  measures  less  than
    41  seven-eighths  of an inch at its widest point or that has fewer than two
    42  sharp cutting edges; or
    43    (7) with the aid of a pre-established bait pile other than those areas
    44  established by standard agricultural production practices; or

    45    (8) with an arrow or bolt with a barbed broadhead arrowhead; or
    46    (9) with a crossbow unless such crossbow shall consist of  a  bow  and
    47  string,  either  compound  or  recurve, that launches a minimum fourteen
    48  inch bolt, not including point, mounted upon a stock with a trigger that
    49  holds the string and limbs under tension  until  released.  The  trigger
    50  unit of such crossbow must have a working safety. The minimum limb width
    51  of  such  crossbow  shall  be seventeen inches, have a minimum peak draw
    52  weight of one hundred pounds and a  maximum  peak  draw  weight  of  two
    53  hundred pounds. The minimum overall length of such crossbow from butt to
    54  stock to front of limbs shall be twenty-four inches.

        A. 924--E                           3
 
     1    §  2.  Paragraph d of subdivision 4 of section 11-0901 of the environ-
     2  mental conservation law, as amended by chapter 600 of the laws of  1993,
     3  is amended to read as follows:
     4    d.  The  use upon land inhabited by deer or bear of a jacklight, spot-
     5  light or other type of artificial light by  any  person  who  is  or  is
     6  accompanied  by  a person who is in possession, at the time of such use,
     7  of a long bow, a crossbow or firearm of any kind, shall  be  presumptive
     8  evidence  that  such person is hunting deer or bear with the aid of such
     9  light, in violation of this subdivision, unless:
    10    (1) such long bow is unstrung, or such a firearm or crossbow is  taken
    11  down,  or securely fastened in a case, or locked in the trunk of a vehi-
    12  cle, or
    13    (2) the firearm is a pistol or revolver, or

    14    (3) the firearm is not in or  on  a  motor  vehicle  and  is  a  rifle
    15  designed  or  adapted  for  use  of  rim-fire ammunition and neither the
    16  person in possession of the gun, nor any member of his party, has in his
    17  possession any twenty-two caliber ammunition other than twenty-two cali-
    18  ber rim-fire ammunition, or
    19    (4) the firearm is not in or on a motor vehicle and is a  shotgun  and
    20  neither  the  person  in  possession  of  the gun, nor any member of his
    21  party, has in his possession ammunition other than  shells  loaded  with
    22  scatter shot of size number four or smaller.
    23    §  3.  Subdivision 2 of section 11-0931 of the environmental conserva-
    24  tion law, as amended by section 50 of part F of chapter 82 of  the  laws
    25  of 2002, is amended to read as follows:
    26    2. No firearm or crossbow except a pistol or revolver shall be carried

    27  or  possessed  in  or  on  a  motor vehicle unless it is unloaded, for a
    28  firearm in both the chamber and  the  magazine,  except  that  a  loaded
    29  firearm which may be legally used for taking migratory game birds may be
    30  carried  or possessed in a motorboat while being legally used in hunting
    31  migratory game birds, and no person except a law enforcement officer  in
    32  the  performance  of  his  official duties shall, while in or on a motor
    33  vehicle, use a jacklight, spotlight or other artificial light upon lands
    34  inhabited by deer if he is in possession or is accompanied by  a  person
    35  who is in possession, at the time of such use, of a longbow, crossbow or
    36  a  firearm  of any kind except a pistol or revolver, unless such longbow
    37  is unstrung or such firearm  or  crossbow  is  taken  down  or  securely

    38  fastened  in  a case or locked in the trunk of the vehicle. For purposes
    39  of this subdivision, motor vehicle shall mean  every  vehicle  or  other
    40  device  operated  by  any power other than muscle power, and which shall
    41  include but not be limited to automobiles,  trucks,  motorcycles,  trac-
    42  tors,  trailers  and  motorboats, snowmobiles and snowtravelers, whether
    43  operated on or off public highways. Notwithstanding  the  provisions  of
    44  this subdivision, the department may issue a permit to any person who is
    45  non-ambulatory,  except  with  the use of a mechanized aid, to possess a
    46  loaded firearm in or on a motor vehicle  as  defined  in  this  section,
    47  subject to such restrictions as the department may deem necessary in the
    48  interest  of  public  safety,  and for a fee of five dollars. Nothing in
    49  this section permits the possession of a pistol or a  revolver  contrary
    50  to the penal law.

    51    §  4. Subdivision 15 of section 11-0901 of the environmental conserva-
    52  tion law, as amended by chapter 81 of the laws of 1988,  is  amended  to
    53  read as follows:
    54    15.  Notwithstanding  any  inconsistent provision of this section, the
    55  department may [issue a permit to take] adopt regulations to  allow  the
    56  taking  of big game or small game by the use of a long bow equipped with
        A. 924--E                           4
 
     1  a mechanical device for holding and releasing the bowstring, attached to
     2  the handle section of an otherwise legal long bow, to any person with  a
     3  physical disability who is [permanently] physically incapable of drawing
     4  and  holding  a long bow because of a physical [handicap or] disability,

     5  subject to such restrictions as the department may  [deem  necessary  in
     6  the  interest  of public safety] adopt by regulation. For the purpose of
     7  this subdivision, a person with a physical  disability  shall  mean  any
     8  person  who  submits  to  the department a statement of a physician duly
     9  licensed to practice medicine that such person is  physically  incapable
    10  of  arm  movement  sufficient  to  draw,  hold and release a long bow as
    11  defined in subdivision 4 of this section  or  as  otherwise  defined  in
    12  department regulation. The department is authorized to adopt regulations
    13  requiring  documentation  to  establish that an applicant is eligible to
    14  use a mechanical device pursuant to this subdivision.

    15    § 5. Section 11-0901 of the environmental conservation law is  amended
    16  by adding a new subdivision 17 to read as follows:
    17    17.  Notwithstanding  any  inconsistent provision of this section, the
    18  department may, by regulation, authorize the taking of big game  by  the
    19  use of a crossbow by any licensed person in any big game season in which
    20  the  use  of  a  shotgun or muzzle loader is permitted, provided however
    21  that any such authorized taking of big game by the use of a crossbow  in
    22  a  season  or  special  season  in  which  the muzzle loader is the only
    23  firearm permitted shall succeed the regular open hunting season for deer
    24  established pursuant to section 11-0907 of this title.
    25    § 6. Subdivision 11 of section 11-0701 of the environmental  conserva-

    26  tion  law,  as amended by chapter 344 of the laws of 2008, is amended to
    27  read as follows:
    28    11. A muzzle-loading stamp when affixed to a  resident  license  which
    29  authorizes the holder to hunt big game entitles a holder who is fourteen
    30  years  of  age or older to hunt wild deer and bear with a muzzle-loading
    31  firearm or crossbow, as provided in  title  9  of  this  article,  in  a
    32  special muzzle-loading firearm season.
    33    §  7. Subdivision 14 of section 11-0701 of the environmental conserva-
    34  tion law, as amended by section 16 of part F of chapter 82 of  the  laws
    35  of 2002, is amended to read as follows:
    36    14.  A  non-resident  muzzle-loading license entitles a person who has
    37  not been a resident of the state for more than thirty days to hunt  wild
    38  deer with a muzzle-loading firearm or crossbow in a special muzzle-load-

    39  ing  season as provided in title 9 of this article and, when accompanied
    40  by a non-resident bear tag, entitles the holder  to  hunt  bear  with  a
    41  muzzleloader during the open bear season.
    42    §  8.  Paragraph g of subdivision 7 of section 11-0903 of the environ-
    43  mental conservation law, as amended by chapter 143 of the laws of  1982,
    44  is amended to read as follows:
    45    g.  Such  a season shall be fixed only in towns or parts thereof where
    46  the discharge of firearms is not prohibited by town ordinance, and  deer
    47  shall  be taken only by means of shotguns using a single ball or slug or
    48  muzzle loading firearms or crossbow;
    49    § 9. Paragraph a of subdivision 1 of section 11-0907 of  the  environ-
    50  mental  conservation  law, as amended by section 37 of part F of chapter
    51  82 of the laws of 2002, is amended to read as follows:

    52    a. Wild deer without antlers or having  antlers  measuring  less  than
    53  three inches in length shall not be taken unless it is taken (1) by long
    54  bow  in  a  special long bow season established in subdivision 3 of this
    55  section, or (2) by muzzle-loading  firearm  or  crossbow  in  a  special
    56  muzzle-loading  firearm  season  established  in  subdivision  8 of this
        A. 924--E                           5
 
     1  section, or (3) by long bow in Westchester and  Suffolk  Counties  in  a
     2  year in which a regular season for deer of either sex is established for
     3  such  counties,  or  (4) in a special open season for deer of either sex
     4  fixed by regulation pursuant to subdivision 5 or 7 of section 11-0903 of
     5  this  title,  or  (5) pursuant to a special antlerless deer license in a
     6  special open season for antlerless deer in a tract within  a  Wilderness

     7  Hunting  Area  fixed  by regulation pursuant to subdivision 6 of section
     8  11-0903 of this title, or (6) pursuant to a deer management permit by  a
     9  person  eligible  to  take  such  deer  pursuant  thereto as provided in
    10  section 11-0913 of this title, or (7) pursuant to a permit issued to  an
    11  eligible  non-ambulatory  person,  pursuant  to subdivision 2 of section
    12  11-0931 of this title, while in possession of a valid license issued  by
    13  the  department which authorizes the holder to hunt big game. Nothing in
    14  this subparagraph shall be construed to limit the power of  the  depart-
    15  ment to designate by regulation an area or areas of the state consisting
    16  of a county or part of a county where such season shall apply and wheth-
    17  er the number of such special permits shall be limited.
    18    §  10.  Paragraphs  a and b of subdivision 8 of section 11-0907 of the

    19  environmental conservation law, paragraph a as amended by section 45  of
    20  part  F  of chapter 82 of the laws of 2002 and paragraph b as amended by
    21  chapter 241 of the laws of 1997, are amended to read as follows:
    22    a. In every area identified in column one of the table  set  forth  in
    23  subdivision  2 of this section, except those areas restricted to special
    24  seasons for taking deer by longbow only, special  open  seasons  may  be
    25  established  by  regulation  for  taking deer and/or bear, by the use of
    26  muzzle-loading firearms, of not less than .44 caliber shooting a  single
    27  projectile,  or  by the use of a crossbow, by the holders of a small and
    28  big game, sportsman or free sportsman license to which a  valid  muzzle-
    29  loading  stamp  is  affixed  or to holders of a resident or non-resident
    30  super-sportsman, or non-resident muzzle-loading license.

    31    b. Such special open season for the Southern Zone  shall  be  for  the
    32  seven  day period immediately preceding the regular open season for deer
    33  stated in column two of the table set forth  in  subdivision  2,  except
    34  that  the  department  may,  by  regulation, fix such open season in the
    35  Southern Zone or any portion thereof to be either the seven  days  imme-
    36  diately  preceding  or immediately following the regular open season for
    37  deer, provided, however, that any taking of deer or bear by the use of a
    38  crossbow in a season or special season in which the muzzle loader is the
    39  only firearm permitted shall succeed the regular open hunting season for
    40  deer established pursuant to subdivision 2 of this section.
    41    § 11. Paragraph a of subdivision 2 of section 11-0907 of the  environ-

    42  mental  conservation law, as amended by chapter 600 of the laws of 1993,
    43  item (b) as amended by chapter 600 of the laws of 2005,  items  (d)  and
    44  (f) as separately amended by chapter 600 of the laws of 2005 and chapter
    45  108  of  the laws of 1995, and item (i) as amended by chapter 441 of the
    46  laws of 2009, is amended to read as follows:
    47    a. Regular open hunting seasons for deer  are  established  separately
    48  for  the  named regions or parts of regions, or named counties listed in
    49  column one of the table set forth in this subdivision, and are specified
    50  as seasons for taking by pistol, rifle, shotgun, crossbow or  long  bow,
    51  or  for  taking  by  shotgun or long bow only, or for taking by long bow
    52  only, as indicated in column three entitled "Manner  of  Taking".  Where
    53  taking  of big game by shotgun is permitted by this chapter such shotgun

    54  may contain rifling in all or a portion of the barrel, provided,  howev-
    55  er,  if the barrel or a portion thereof does contain rifling only shells
    56  having non-metallic cases, except for the base,  may  be  used.  In  the
        A. 924--E                           6
 
     1  areas identified in column one except in the "closed areas" specified in
     2  subdivision  5 the game specified in column two may be taken in the open
     3  season stated in column two immediately following the  specification  of
     4  the game, in the manner specified in column three.
 
     5                                    TABLE
 
     6       Column One                Column Two               Column Three
     7          Area              Game and Open Season        Manner of Taking
 
     8  (a) Northern Zone         Deer, next to last      Pistol, rifle,
     9                            Saturday in October     shotgun,

    10                            through first Sunday    crossbow
    11                            in December             or long bow
 
    12  (b) Catskill region       Deer, first Monday      Pistol, rifle,
    13    except Delaware,        after November 15       shotgun,
    14    Greene, Sullivan,       through first Tuesday   crossbow
    15    Ulster counties         after December 7        or long bow
    16    and those counties
    17    or portions thereof
    18    listed in item (i)
    19    of this paragraph
 
    20  (c) Counties of           Deer, first Monday      Pistol, rifle,
    21    Delaware, Greene,       after November 15       shotgun,
    22    Sullivan and Ulster     through first Tuesday   crossbow
    23                            after December 7        or long bow
 
    24  (d) Eastern region,       Deer, first Monday      Pistol, shotgun,

    25    except Columbia,        after November 15       crossbow,
    26    Fulton, Orange,         through first Tuesday   muzzle loading firearm
    27    Rensselaer, Saratoga,   after December 7        or long bow only
    28    Washington Counties
    29    and those counties
    30    or portions thereof
    31    listed in item (i)
    32    of this paragraph
 
    33  (e) Fulton, Saratoga,     Deer, first Monday      Pistol, rifle,
    34    Washington (parts       after November 15       shotgun,
    35    in the Southern         through first Tuesday   crossbow
    36    zone), Columbia         after December 7        or long bow
    37    Orange, and
    38    Rensselaer
    39    counties
 
    40  (f) Southern tier,        Deer, first Monday      Pistol, shotgun,
    41    central and Western     after November 15       crossbow,
    42    region, except those    through first Tuesday   muzzle loading firearm

    43    counties or portions    after December 7        or long bow only
    44    thereof listed in
    45    item (i) of this
    46    paragraph
 
    47  (g) Westchester           Deer of either sex,     long bow only
        A. 924--E                           7
 
     1    County                  November 1 through
     2                            December 31
 
     3  (h) Suffolk County        Deer of either sex      long bow only
     4                            Second Monday in
     5                            November through
     6                            December thirty-first
 
     7  (i) The counties of       Deer, the first Monday  Pistol, shotgun,
     8    Allegany,               after November 15       crossbow,
     9    Cattaraugus, Chemung,   through first Tuesday   muzzle loading
    10    Chenango, Herkimer,     after December 7        firearm, rifle or

    11    Madison,                                        long bow only
    12    Montgomery, Oneida,
    13    Oswego, Otsego,
    14    Schoharie, Schuyler,
    15    Steuben,
    16    Tioga and Yates
    17    and that portion of
    18    the county of
    19    Broome east of the
    20    Susquehanna river
    21    §  12. Paragraph a of subdivision 2 of section 11-0907 of the environ-
    22  mental conservation law, as amended by chapter 95 of the laws  of  1974,
    23  the  opening  paragraph  as  amended  by chapter 11 of the laws of 1988,
    24  column 2 of item a as amended by chapter 344 of the laws of 1979,  items
    25  (b),  (d) and (f) as amended and item (i) as added by chapter 600 of the
    26  laws of 2005, column 2 of item (g) as amended by chapter 92 of the  laws
    27  of  1980, item (h) as added by chapter 643 of the laws of 1977, column 2
    28  of item (h) as amended by chapter 332 of the laws of 1986, is amended to
    29  read as follows:

    30    a. Regular open hunting seasons for big game are established separate-
    31  ly for the named regions or parts of regions, or named  counties  listed
    32  in column one of the table set forth in this subdivision, and are speci-
    33  fied  as  seasons for taking by pistol, rifle, shotgun, crossbow or long
    34  bow, or for taking by shotgun or long bow only, or for  taking  by  long
    35  bow  only,  as  indicated  in  column three entitled "Manner of Taking".
    36  Where taking of big game by shotgun is permitted by  this  chapter  such
    37  shotgun may contain rifling in all or a portion of the barrel, provided,
    38  however,  if  the  barrel or a portion thereof does contain rifling only
    39  shells having non-metallic cases, except for the base, may be  used.  In
    40  the  areas  identified in column one except in the "closed areas" speci-
    41  fied in subdivision 5 the game specified in column two may be  taken  in

    42  the  open season stated in column two immediately following the specifi-
    43  cation of the game, in the manner specified in column three.
 
    44                                    TABLE
 
    45       Column One                Column Two               Column Three
    46          Area              Game and Open Season        Manner of Taking
 
    47  (a) Northern Zone         Deer and bear, next     Pistol, rifle,
    48                            to last Saturday in     shotgun, crossbow
    49                            October through first   or long bow
    50                            Sunday in December
        A. 924--E                           8
 
     1  (b) Catskill region       Deer and bear, first    Pistol, rifle,
     2    except Delaware,        Monday after            shotgun, crossbow
     3    Greene, Sullivan,       November 15 through     or long bow

     4    Ulster counties         first Tuesday after
     5    and those counties      December 7
     6    or portions thereof
     7    listed in item (i)
     8    of this paragraph
 
     9  (c) Counties of           Deer, first Monday      Pistol, rifle,
    10    Delaware, Greene,       after November 15       shotgun,
    11    Sullivan and Ulster     through first Tuesday   crossbow
    12                            after December 7;       or long bow
    13                            Bear, first Monday
    14                            after November 15
    15                            through second
    16                            Tuesday after
    17                            December 7
 
    18  (d) Eastern region,       Deer and bear,          Pistol, shotgun,
    19    except Columbia,        first Monday after      crossbow,
    20    Fulton, Orange,         November 15 through     muzzle loading firearm

    21    Rensselaer, Saratoga,   first Tuesday after     or long bow only
    22    Washington Counties     December 7
    23    and those counties
    24    or portions thereof
    25    listed in item (i)
    26    of this paragraph
 
    27  (e) Fulton, Saratoga,     Deer and bear, first    Pistol, rifle,
    28    Washington (parts       Monday after November   shotgun,
    29    in the Southern         15 through first        crossbow
    30    zone), Columbia,        Tuesday after           or long bow
    31    Orange, and             December 7
    32    Rensselaer
    33    counties
 
    34  (f) Southern tier,        Deer and bear, first    Pistol, shotgun,
    35    central and Western     Monday after November   crossbow,
    36    region, except those    15 through first        muzzle loading firearm
    37    counties or portions    Tuesday after           or long bow only
    38    thereof listed in       December 7

    39    item (i) of this
    40    paragraph
 
    41  (g) Westchester           Deer of either sex,     Long bow only
    42    County                  November 1 through
    43                            December 31
 
    44  (h) Suffolk County        Deer of either sex      long bow only
    45                            Second Monday in
    46                            November through
    47                            December thirty-first
 
    48  (i) The counties of       Deer and bear, the      Pistol, shotgun,
    49    Allegany,               first Monday after      crossbow,
        A. 924--E                           9
 
     1    Cattaraugus,            November 15 through     muzzle loading
     2    Chenango, Herkimer,     first Tuesday after     firearm, rifle or
     3    Montgomery, Oneida,     December 7              long bow only
     4    Oswego, Otsego,
     5    Schoharie and Tioga

     6    and that portion of
     7    the county of
     8    Broome east of the
     9    Susquehanna river
 
    10    §  13. Subdivision 4 of section 11-0931 of the environmental conserva-
    11  tion law, subparagraph 3 of paragraph a as added by chapter 400  of  the
    12  laws of 1973 and subparagraph 4 of paragraph a as added by chapter 67 of
    13  the laws of 1976, is amended to read as follows:
    14    4. a. No person shall:
    15    (1)  discharge  a  firearm, crossbow or long bow in such a way as will
    16  result in the load, bolt or arrow thereof passing over a public  highway
    17  or any part thereof;
    18    (2) discharge a firearm, crossbow or long bow within five hundred feet
    19  from a dwelling house, farm building or farm structure actually occupied
    20  or  used,  school  building,  school  playground, or occupied factory or
    21  church;

    22    (3) use a firearm, crossbow or a long bow for the hunting of migratory
    23  game birds in Larchmont Harbor, specifically those portions  bounded  by
    24  the following points of land:
    25    BEGINNING  AT  A  POINT  KNOWN  AS UMBRELLA POINT ON THE EAST SHORE OF
    26  LARCHMONT HARBOR THEN PROCEEDING  IN  A  NORTHERLY  DIRECTION  TO  CEDAR
    27  ISLAND;  THENCE  NORTHWESTERLY  TO MONROE INLET; THENCE NORTHEASTERLY TO
    28  DELANCY COVE BEING IN THE TOWN OF MAMARONECK; THENCE IN A  SOUTHWESTERLY
    29  DIRECTION  FROM  DELANCY  COVE TO GREACEN POINT; THENCE RUNNING THE AREA
    30  BETWEEN DELANCY COVE AND THE WEST SHORE OF SATANS TOE NORTHEAST;  THENCE
    31  SOUTHEAST  THEN  ALONG  THE  WEST SHORE OF SATANS TOE SOUTHWEST AND THEN
    32  SOUTH TO THE SOUTHERLY POINT OF SATANS TOE TO EDGEWATER POINT.
    33    (4) Use of a firearm, crossbow or a long bow for the hunting of migra-

    34  tory game birds in Udall's Cove, specifically those portions  of  Little
    35  Neck  Bay within Nassau and Queens counties lying east of a line running
    36  north from the foot of Douglaston Parkway to the shore opposite.
    37    b. The prohibitions contained in subparagraph 2 of paragraph  a  above
    38  shall not apply to:
    39    (1) The owner or lessee of the dwelling house, or members of his imme-
    40  diate  family  actually  residing therein, or a person in his employ, or
    41  the guest of the owner or lessee of the dwelling house acting  with  the
    42  consent  of  said owner or lessee, provided however, that nothing herein
    43  shall be deemed to authorize such persons to discharge a firearm, cross-
    44  bow or longbow within five hundred feet of any other dwelling house,  or
    45  a farm building or farm structure actually occupied or used, or a school

    46  building or playground or occupied factory or church;
    47    (2)  Programs  conducted  by  public  schools offering instruction and
    48  training in the use of firearms, crossbow or long bow;
    49    (3) The authorized use of a pistol, rifle or  target  range  regularly
    50  operated  and maintained by a police department or other law enforcement
    51  agency or by any duly organized membership corporation;
    52    (4) The discharge of a shotgun over water by a person hunting migrato-
    53  ry game birds if no dwelling house or  public  structure,  livestock  or
    54  person  is situated in the line of discharge less than five hundred feet
    55  from the point of discharge.
        A. 924--E                          10
 
     1    § 14. Paragraph c of subdivision 5 of section 11-0931 of the  environ-
     2  mental  conservation law, as amended by chapter 309 of the laws of 2006,

     3  is amended to read as follows:
     4    c.  In  the Northern Zone no person, while engaged in hunting with the
     5  aid of a dog or while afield accompanied by a dog, shall possess a rifle
     6  larger than .22 caliber using rim-fire ammunition or possess  a  shotgun
     7  loaded  with  a  slug, ball or buckshot, or possess a crossbow; but this
     8  paragraph does not apply to persons, engaged in coyote hunts  with  dogs
     9  during any open season on coyotes established pursuant to the provisions
    10  of section 11-0903.
    11    §  15. Subdivision 6 of section 11-0931 of the environmental conserva-
    12  tion law, as amended by chapter 97 of the laws of 1978,  is  amended  to
    13  read as follows:
    14    6.  No  person  while  engaged  in  hunting deer or bear pursuant to a
    15  bowhunting stamp, and no person accompanying him  or  a  member  of  his

    16  party,  while  he  is  so engaged during a special longbow season, shall
    17  have in his possession a firearm or crossbow of any kind, and no  person
    18  while  engaged  in  hunting  deer  or  bear pursuant to a muzzle-loading
    19  stamp, and no person accompanying him or a member of his party, while he
    20  is so engaged during a special muzzle-loading firearm season, shall have
    21  in his possession a firearm of any  kind  other  than  a  muzzle-loading
    22  firearm.
    23    § 16. Section 11-0713 of the environmental conservation law is amended
    24  by adding a new subdivision 6 to read as follows:
    25    6. The department shall adopt regulations for the training in safe use
    26  of  hunting  with  a  crossbow and responsible hunting practices.   Such
    27  training shall be included in the basic hunter education course required

    28  of all new hunters. Upon completion of the training by an individual the
    29  department shall provide documentation of the successful  completion  of
    30  the course. All persons who have completed hunter education prior to the
    31  date  which  crossbow  training  has  been  incorporated into the hunter
    32  education program shall complete an on line or  other  training  program
    33  approved  by  the department prior to using a crossbow to hunt big game.
    34  The department may adopt rules and regulations as necessary to  document
    35  completion  of  this  program  and  may require a person to possess such
    36  proof while hunting with a crossbow.
    37    § 17. This act shall take effect October 1, 2010, except that sections
    38  four and five of this act shall take effect February 1,  2011,  provided

    39  that any rules or regulations necessary for the timely implementation of
    40  the provisions of this act on its effective date shall be promulgated on
    41  or  before  February  1,  2011  and provided further that this act shall
    42  expire on December 31, 2012 when upon such date the provisions  of  this
    43  act  shall be deemed repealed; provided, however, that the amendments to
    44  paragraph a of subdivision 2 of section  11-0907  of  the  environmental
    45  conservation  law made by section eleven of this act shall be subject to
    46  the expiration and reversion of such paragraph pursuant to section 13 of
    47  chapter 600 of the laws of 1993, as amended, when  upon  such  date  the
    48  provisions of section twelve of this act shall take effect.