Bill Text: NY A00283 | 2013-2014 | General Assembly | Amended


Bill Title: Permits hunting with crossbows in certain circumstances.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-01-08 - referred to environmental conservation [A00283 Detail]

Download: New_York-2013-A00283-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        283--B
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (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    S 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    S  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    S 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    S 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    S  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    S 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    S 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    S 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    S 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    S 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    S  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    S  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    S 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.
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