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S05818 Summary:

BILL NOS05818A
 
SAME ASSAME AS A07627-A
 
SPONSORMETZGER
 
COSPNSRGALLIVAN
 
MLTSPNSR
 
Amd §§11-0701, 11-0703, 11-0901, 11-0903, 11-0929, 11-0931 & 11-0933, rpld §11-0901 sub 3 ¶c sub¶ 3, subs 11 & 16, §11-0929 sub 2 ¶b sub¶ 5, En Con L
 
Relates to hunting and hunting licenses.
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S05818 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5818--A
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                      May 15, 2019
                                       ___________
 
        Introduced  by  Sen. METZGER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and recommitted to said committee
 
        AN ACT to amend the environmental conservation law, in relation to hunt-
          ing and hunting licenses; and to repeal certain provisions of such law
          relating thereto
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph a of subdivision 1 and subdivisions 3  and  9  of
     2  section  11-0701  of  the environmental conservation law, paragraph a of
     3  subdivision 1 as amended by section 21 and subdivision 9 as  amended  by
     4  section  17 of part EE of chapter 55 of the laws of 2014 and subdivision
     5  3 as amended by section 1-a of part R of chapter 58 of the laws of 2013,
     6  are amended to read as follows:
     7    a. entitles a holder who is twelve or thirteen years of  age  to  hunt
     8  wildlife,  except  big  game,  as  provided  in  title 9 of this article
     9  subject, specifically, to the provisions  of  section  11-0929  of  this
    10  article.  It  entitles  such  holder  to possess firearms as provided in
    11  section 265.05 of the penal law. [A holder who  is  twelve  or  thirteen
    12  years of age shall not hunt with a crossbow.]
    13    3.  A bowhunting privilege when included on a hunting license entitles
    14  a holder:
    15    (1) who is between the ages of twelve and sixteen years to  hunt  wild
    16  deer  and  bear  with  a  longbow or crossbow during the special archery
    17  season and during the regular season, as provided in  title  9  of  this
    18  article,  subject to the provisions of section 11-0929 and subdivision 3
    19  of section 11-0713 of this article;
    20    (2) who is eighteen years of age or older to hunt wild deer  and  bear
    21  with  a  longbow,  as  provided in title 9 of this article, in a special
    22  longbow season; [and]

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11440-04-9

        S. 5818--A                          2
 
     1    (3) who is sixteen or seventeen years of  age  to  exercise  the  same
     2  privileges  subject to the provisions of section 11-0929 and subdivision
     3  3 of section 11-0713 of this article[.]; and
     4    (4) who is fifty-five years of age or older or determined, by a physi-
     5  cian,  to  be  physically unable to draw a longbow to hunt wild deer and
     6  bear with a crossbow, as provided in  title  9  of  this  article  in  a
     7  special archery season.
     8    9. A muzzle-loading privilege when included on a hunting license enti-
     9  tles  a  holder  who is fourteen years of age or older to hunt wild deer
    10  and bear with a muzzle-loading firearm [or  crossbow],  as  provided  in
    11  title 9 of this article, in a special muzzle-loading firearm season.
    12    §  2.  Paragraph b of subdivision 6 of section 11-0703 of the environ-
    13  mental conservation law, as amended by section 2 of part R of chapter 58
    14  of the laws of 2013, is amended to read as follows:
    15    b. Except as provided in section 11-0707 and section 11-0709  of  this
    16  title,  no  person  shall  (1) hunt wild deer or bear unless such person
    17  holds and is entitled to exercise the privileges of a  hunting  license,
    18  and  meets  the requirements of this article; (2) hunt wild deer or bear
    19  with a longbow or crossbow in a special [longbow] archery season  unless
    20  such  person holds and is entitled to exercise the privileges of a hunt-
    21  ing license with a bowhunting privilege and meets  the  requirements  of
    22  this  article;  or  (3)  hunt  wild  deer  or bear with a muzzle-loading
    23  firearm in a special muzzle-loading firearm season unless such person is
    24  at least fourteen years old and holds a hunting license with  a  muzzle-
    25  loading privilege and meets the requirements of this article.
    26    § 3. Subparagraph 3 of paragraph c of subdivision 3 of section 11-0901
    27  of the environmental conservation law is REPEALED.
    28    §  4.  Paragraph c of subdivision 3 of section 11-0901 of the environ-
    29  mental conservation law, as amended by section 19 of part EE of  chapter
    30  55 of the laws of 2014, is amended to read as follows:
    31    c.  Wild  small game and wild upland game birds shall be taken only by
    32  longbow, crossbow or gun, or by the use of raptors as provided in  title
    33  10 of this article, except that:
    34    (1) skunk, raccoon, bobcat, coyote, fox, mink and muskrat may be taken
    35  in  any manner not prohibited in this section or in title 11 of the Fish
    36  and Wildlife Law; and
    37    (2) frogs may also be taken by spearing, catching with the  hands,  or
    38  by the use of a club or hook[; and].
    39    §  5.  Subparagraph 9 of paragraph b and subparagraph 9 of paragraph c
    40  of subdivision 4 of section 11-0901 of  the  environmental  conservation
    41  law,  subparagraph  9  of paragraph b as added by section 6 and subpara-
    42  graph 9 of paragraph c as added by section 7 of part EE of chapter 55 of
    43  the laws of 2014, are amended to read as follows:
    44    (9) with a crossbow unless such crossbow shall consist of  a  bow  and
    45  string,  either  compound  or  recurve, that launches a minimum fourteen
    46  inch [bolt] arrow, not including point, mounted  upon  a  stock  with  a
    47  trigger  that  holds  the string and limbs under tension until released.
    48  The trigger unit of such crossbow must have a working safety. [The mini-
    49  mum limb width of such] Such crossbow shall [be seventeen  inches,  and]
    50  have  a  minimum  peak  draw weight of one hundred pounds [and a maximum
    51  peak draw weight of two hundred pounds]. The minimum overall  length  of
    52  such  crossbow  from  buttstock  to  front of limbs shall be twenty-four
    53  inches.
    54    (9) with a crossbow unless such crossbow shall consist of  a  bow  and
    55  string,  either  compound  or  recurve, that launches a minimum fourteen
    56  inch [bolt] arrow, not including point, mounted  upon  a  stock  with  a

        S. 5818--A                          3
 
     1  trigger  that  holds  the string and limbs under tension until released.
     2  The trigger unit of such crossbow must have a working safety. [The mini-
     3  mum limb width of such] Such crossbow shall [be seventeen  inches,  and]
     4  have  a  minimum  peak  draw weight of one hundred pounds [and a maximum
     5  peak draw weight of two hundred pounds]. The minimum overall  length  of
     6  such  crossbow  from  buttstock  to  front of limbs shall be twenty-four
     7  inches.
     8    § 6. Subdivision 13 of section 11-0901 of the environmental  conserva-
     9  tion  law,  as amended by section 23 of part R of chapter 58 of the laws
    10  of 2013, is amended to read as follows:
    11    13. Persons engaged in hunting deer and/or  bear  with  a  longbow  or
    12  crossbow  must possess a current bowhunting privilege or a valid certif-
    13  icate of qualification in responsible  bowhunting  practices  issued  or
    14  honored by the department.
    15    §  7.  Subdivisions  11 and 16 of section 11-0901 of the environmental
    16  conservation law are REPEALED.
    17    § 8. Section 11-0903 of the environmental conservation law is  amended
    18  by adding a new subdivision 12 to read as follows:
    19    12.  Notwithstanding  any  inconsistent provision of this article, the
    20  department is authorized to adopt regulations which authorize the taking
    21  of wildlife by the use of crossbow. A  summary  of  regulations  adopted
    22  pursuant to this subdivision shall be published each year in the hunting
    23  syllabus issued pursuant to section 11-0323 of this article.
    24    §  9.  Subdivision 1 of section 11-0929 of the environmental conserva-
    25  tion law, as amended by section 20 of part EE of chapter 55 of the  laws
    26  of 2014, is amended to read as follows:
    27    1.  A  licensee  who is twelve or thirteen years of age shall not hunt
    28  wildlife with a gun, crossbow or a longbow, unless he or she is accompa-
    29  nied by his or her parent or legal guardian, or by a  person  twenty-one
    30  years  of  age  or  older  designated in writing by his or her parent or
    31  legal guardian on a form prescribed by the department, who holds a hunt-
    32  ing license. [A licensee who is twelve or thirteen years  of  age  shall
    33  not hunt with a crossbow.]
    34    §  10.  Subparagraph  5  of  paragraph  b  of subdivision 2 of section
    35  11-0929 of the environmental conservation law is REPEALED  and  subpara-
    36  graph 6 of paragraph b of subdivision 2 is renumbered subparagraph 5.
    37    §  11. Subparagraph 2 of paragraph a and subparagraph 1 of paragraph b
    38  of subdivision 4 of section 11-0931 of  the  environmental  conservation
    39  law,  as  amended  by  section 8 of part EE of chapter 55 of the laws of
    40  2014, are amended to read as follows:
    41    (2) discharge a firearm within five hundred feet, a  long  bow  within
    42  one  hundred  fifty  feet,  or a crossbow within [two] one hundred fifty
    43  feet from a dwelling house, farm building  or  farm  structure  actually
    44  occupied  or used, school building, school playground, public structure,
    45  or occupied factory or church;
    46    (1) The owner or lessee of the dwelling house, or members of his imme-
    47  diate family actually residing therein, or a person in  his  employ,  or
    48  the  guest  of the owner or lessee of the dwelling house acting with the
    49  consent of said owner or lessee, provided however, that  nothing  herein
    50  shall  be deemed to authorize such persons to discharge a firearm within
    51  five hundred feet, a long bow within one hundred fifty feet, or a cross-
    52  bow within [two] one hundred fifty feet of any other dwelling house,  or
    53  a farm building or farm structure actually occupied or used, or a school
    54  building or playground, public structure, or occupied factory or church;

        S. 5818--A                          4
 
     1    §  12. Section 11-0933 of the environmental conservation law, as added
     2  by section 22 of part EE of chapter 55 of the laws of 2014,  is  amended
     3  to read as follows:
     4  § 11-0933. Taking small game by crossbow.
     5    Notwithstanding  any  provision of this chapter, or any prior notwith-
     6  standing language in this article, the department  may,  by  regulation,
     7  authorize the taking of small game and wild upland game birds by the use
     8  of  a  crossbow by any licensed person [fourteen years of age or older],
     9  in any small game season[, in any area designated  in  items  (a),  (b),
    10  (c),  (d), (e), (f), (i), (k), and (l) of paragraph a of subdivision two
    11  of section 11-0907 of this title in which a shotgun or muzzle loader  is
    12  permitted].
    13    § 13. This act shall take effect immediately.
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