Bill Text: NY A02940 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to hunting and hunting licenses.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2024-01-03 - referred to environmental conservation [A02940 Detail]

Download: New_York-2023-A02940-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2940

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 1, 2023
                                       ___________

        Introduced  by M. of A. WOERNER, GUNTHER, FAHY, SANTABARBARA, MANKTELOW,
          STECK, WALLACE, BUTTENSCHON, REILLY, DeSTEFANO, BRABENEC, BLANKENBUSH,
          HUNTER, MILLER, BYRNES, LUPARDO, BURDICK -- Multi-Sponsored by  --  M.
          of  A.   HEVESI -- read once and referred to the Committee on Environ-
          mental Conservation

        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;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05124-01-3
        A. 2940                             2

     1    (2)  who  is eighteen years of age or older to hunt wild deer and bear
     2  with a longbow, as provided in title 9 of this  article,  in  a  special
     3  longbow season; [and]
     4    (3)  who  is  sixteen  or  seventeen years of age to exercise the same
     5  privileges subject to the provisions of section 11-0929 and  subdivision
     6  3 of section 11-0713 of this article[.]; and
     7    (4) who is fifty-five years of age or older or determined, by a physi-
     8  cian,  to  be  physically unable to draw a longbow to hunt wild deer and
     9  bear with a crossbow, as provided in  title  9  of  this  article  in  a
    10  special archery season.
    11    9. A muzzle-loading privilege when included on a hunting license enti-
    12  tles  a  holder  who is fourteen years of age or older to hunt wild deer
    13  and bear with a muzzle-loading firearm [or  crossbow],  as  provided  in
    14  title 9 of this article, in a special muzzle-loading firearm season.
    15    §  2.  Paragraph b of subdivision 6 of section 11-0703 of the environ-
    16  mental conservation law, as amended by section 2 of part R of chapter 58
    17  of the laws of 2013, is amended to read as follows:
    18    b. Except as provided in section 11-0707 and section 11-0709  of  this
    19  title,  no  person  shall  (1) hunt wild deer or bear unless such person
    20  holds and is entitled to exercise the privileges of a  hunting  license,
    21  and  meets  the requirements of this article; (2) hunt wild deer or bear
    22  with a longbow or crossbow in a special [longbow] archery season  unless
    23  such  person holds and is entitled to exercise the privileges of a hunt-
    24  ing license with a bowhunting privilege and meets  the  requirements  of
    25  this  article;  or  (3)  hunt  wild  deer  or bear with a muzzle-loading
    26  firearm in a special muzzle-loading firearm season unless such person is
    27  at least fourteen years old and holds a hunting license with  a  muzzle-
    28  loading privilege and meets the requirements of this article.
    29    § 3. Subparagraph 3 of paragraph c of subdivision 3 of section 11-0901
    30  of the environmental conservation law is REPEALED.
    31    §  4.  Paragraph c of subdivision 3 of section 11-0901 of the environ-
    32  mental conservation law, as amended by section 19 of part EE of  chapter
    33  55 of the laws of 2014, is amended to read as follows:
    34    c.  Wild  small game and wild upland game birds shall be taken only by
    35  longbow, crossbow or gun, or by the use of raptors as provided in  title
    36  10 of this article, except that:
    37    (1) skunk, raccoon, bobcat, coyote, fox, mink and muskrat may be taken
    38  in  any manner not prohibited in this section or in title 11 of the Fish
    39  and Wildlife Law; and
    40    (2) frogs may also be taken by spearing, catching with the  hands,  or
    41  by the use of a club or hook[; and].
    42    §  5.  Subparagraph 9 of paragraph b and subparagraph 9 of paragraph c
    43  of subdivision 4 of section 11-0901 of  the  environmental  conservation
    44  law,  subparagraph  9  of paragraph b as added by section 6 and subpara-
    45  graph 9 of paragraph c as added by section 7 of part EE of chapter 55 of
    46  the laws of 2014, are amended to read as follows:
    47    (9) with a crossbow unless such crossbow shall consist of  a  bow  and
    48  string,  either  compound  or  recurve, that launches a minimum fourteen
    49  inch [bolt] arrow, not including point, mounted  upon  a  stock  with  a
    50  trigger  that  holds  the string and limbs under tension until released.
    51  The trigger unit of such crossbow must have a working safety. [The mini-
    52  mum limb width of such] Such crossbow shall [be seventeen  inches,  and]
    53  have  a  minimum  peak  draw weight of one hundred pounds [and a maximum
    54  peak draw weight of two hundred pounds]. The minimum overall  length  of
    55  such  crossbow  from  buttstock  to  front of limbs shall be twenty-four
    56  inches.
        A. 2940                             3

     1    (9) with a crossbow unless such crossbow shall consist of  a  bow  and
     2  string,  either  compound  or  recurve, that launches a minimum fourteen
     3  inch [bolt] arrow, not including point, mounted  upon  a  stock  with  a
     4  trigger  that  holds  the string and limbs under tension until released.
     5  The trigger unit of such crossbow must have a working safety. [The mini-
     6  mum  limb  width of such] Such crossbow shall [be seventeen inches, and]
     7  have a minimum peak draw weight of one hundred  pounds  [and  a  maximum
     8  peak  draw  weight of two hundred pounds]. The minimum overall length of
     9  such crossbow from buttstock to front  of  limbs  shall  be  twenty-four
    10  inches.
    11    §  6. Subdivision 13 of section 11-0901 of the environmental conserva-
    12  tion law, as amended by section 23 of part R of chapter 58 of  the  laws
    13  of 2013, is amended to read as follows:
    14    13.  Persons  engaged  in  hunting  deer and/or bear with a longbow or
    15  crossbow must possess a current bowhunting privilege or a valid  certif-
    16  icate  of  qualification  in  responsible bowhunting practices issued or
    17  honored by the department.
    18    § 7. Subdivisions 11 and 16 of section 11-0901  of  the  environmental
    19  conservation law are REPEALED.
    20    §  8. Section 11-0903 of the environmental conservation law is amended
    21  by adding a new subdivision 12 to read as follows:
    22    12. Notwithstanding any inconsistent provision of  this  article,  the
    23  department is authorized to adopt regulations which authorize the taking
    24  of  wildlife  by  the  use of crossbow. A summary of regulations adopted
    25  pursuant to this subdivision shall be published each year in the hunting
    26  syllabus issued pursuant to section 11-0323 of this article.
    27    § 9. Subdivision 1 of section 11-0929 of the  environmental  conserva-
    28  tion  law, as amended by section 20 of part EE of chapter 55 of the laws
    29  of 2014, is amended to read as follows:
    30    1. A licensee who is twelve or thirteen years of age  shall  not  hunt
    31  wildlife with a gun, crossbow or a longbow, unless he or she is accompa-
    32  nied  by  his or her parent or legal guardian, or by a person twenty-one
    33  years of age or older designated in writing by  his  or  her  parent  or
    34  legal guardian on a form prescribed by the department, who holds a hunt-
    35  ing  license.  [A  licensee who is twelve or thirteen years of age shall
    36  not hunt with a crossbow.]
    37    § 10. Subparagraph 5 of  paragraph  b  of  subdivision  2  of  section
    38  11-0929  of  the environmental conservation law is REPEALED and subpara-
    39  graph 6 of paragraph b of subdivision 2 is renumbered subparagraph 5.
    40    § 11. Subparagraph 2 of paragraph a and subparagraph 1 of paragraph  b
    41  of  subdivision  4  of section 11-0931 of the environmental conservation
    42  law, as amended by section 8 of part EE of chapter 55  of  the  laws  of
    43  2014, are amended to read as follows:
    44    (2)  discharge  a  firearm within five hundred feet, a long bow within
    45  one hundred fifty feet, or a crossbow within  [two]  one  hundred  fifty
    46  feet  from  a  dwelling  house, farm building or farm structure actually
    47  occupied or used, school building, school playground, public  structure,
    48  or occupied factory or church;
    49    (1) The owner or lessee of the dwelling house, or members of his imme-
    50  diate  family  actually  residing therein, or a person in his employ, or
    51  the guest of the owner or lessee of the dwelling house acting  with  the
    52  consent  of  said owner or lessee, provided however, that nothing herein
    53  shall be deemed to authorize such persons to discharge a firearm  within
    54  five hundred feet, a long bow within one hundred fifty feet, or a cross-
    55  bow  within [two] one hundred fifty feet of any other dwelling house, or
        A. 2940                             4

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