Bill Text: NY S05301 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to deer and bear, open hunting seasons and implements, hunting age for big game, crossbows, pheasant and quail.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO ENVIRONMENTAL CONSERVATION [S05301 Detail]
Download: New_York-2017-S05301-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5301 2017-2018 Regular Sessions IN SENATE March 20, 2017 ___________ Introduced by Sen. O'MARA -- (at request of the Department of Environ- mental Conservation) -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to deer and bear, open hunting seasons and implements, hunting age for big game, crossbows, pheasant and quail hunting in Long Island, and penal- ties for illegal commercialization of crustaceans, fish, shellfish, and wildlife; to amend the state finance law, in relation to the state fish and game trust account; and to repeal certain provisions of the environmental conservation 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 Paragraph a of subdivision 2 of section 11-0907 of the 2 environmental conservation law is REPEALED and a new paragraph a is 3 added to read as follows: 4 a. Seasons for deer hunting. Regular open hunting seasons for deer are 5 established as follows: 6 (1) In the Northern Zone, deer may be taken from the next to last 7 Saturday in October through the first Sunday in December. 8 (2) In the Southern Zone, deer may be taken from the first Monday 9 after November fifteenth through the first Tuesday after December 10 seventh. 11 (3) In Westchester County, deer of either sex may be taken from Novem- 12 ber first through December thirty-first. 13 (4) In Suffolk County, deer of either sex may be taken from the second 14 Monday in November through March thirty-first. 15 § 2. Subdivision 9 of section 11-0907 of the environmental conserva- 16 tion law is REPEALED. 17 § 3. The subdivision heading and paragraph b of subdivision 2 of 18 section 11-0907 of the environmental conservation law, the section head- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10002-04-7S. 5301 2 1 ing as amended and paragraph b of subdivision 2 as added by chapter 600 2 of the laws of 1993, are amended to read as follows: 3 Regular big game hunting seasons. 4 b. Implements. Where taking of big game by shotgun is permitted by 5 this chapter such shotgun may contain rifling in all or a portion of the 6 barrel, provided, however, if the barrel or a portion thereof does 7 contain rifling only shells having non-metallic cases, except for the 8 base, may be used. 9 (1) Deer and bear may be taken by pistol, rifle, shotgun, muzzleload- 10 ing firearm, crossbow or long bow only in all or parts of the following 11 regions or counties or portions of counties: 12 (a) Northern Zone 13 (b) Albany except in areas as defined in subdivisions six or seven of 14 this section 15 (c) Allegany 16 (d) That portion of the county of Broome east of the Susquehanna river 17 in the towns of Coleville, Windsor, and Sanford 18 (e) Cattaraugus 19 (f) Chautauqua except that portion of the county north of route 20 20 (g) Cayuga 21 (h) Chemung 22 (i) Chenango 23 (j) Columbia 24 (k) Cortland 25 (l) Delaware 26 (m) Fulton (parts in the Southern Zone) 27 (n) Genesee 28 (o) Greene 29 (p) Herkimer (parts in the Southern Zone) except in areas as defined 30 in subdivision five of this section 31 (q) Livingston 32 (r) Madison 33 (s) Montgomery 34 (t) Oneida (parts in the Southern Zone) 35 (u) Orange 36 (v) Ontario 37 (w) Oswego (parts in the Southern Zone) 38 (x) Otsego 39 (y) Rensselaer 40 (z) Saratoga (parts in the Southern Zone) 41 (aa) Schenectady 42 (bb) Schoharie 43 (cc) Schuyler 44 (dd) Seneca 45 (ee) Steuben 46 (ff) Sullivan 47 (gg) Tioga 48 (hh) Ulster 49 (ii) Washington (parts in the Southern Zone) 50 (jj) Wayne 51 (kk) Wyoming 52 (ll) Yates 53 (2) Deer and bear may be taken by pistol, shotgun, muzzleloading 54 firearm, crossbow or long bow only in the following counties or portions 55 of counties: 56 (a) the portion of the county of Broome west of the Susquehanna riverS. 5301 3 1 (b) the portion of the county of Chautauqua north of route 20 2 (c) Dutchess 3 (d) Erie except in areas as defined in subdivision five of this 4 section 5 (e) Monroe except in areas as defined in subdivision five of this 6 section 7 (f) Niagara 8 (g) Onondaga 9 (h) Orleans 10 (i) Putnam 11 (j) Rockland 12 (k) Tompkins 13 (3) Deer of either sex may be taken by long bow only in the following 14 counties or portion of counties: 15 (a) Albany in areas as defined in subdivision seven of this section 16 (b) Monroe in areas as defined in subdivision five of this section 17 (c) Suffolk except as provided in regulation established pursuant to 18 subdivision seven of section 11-0903 of this article 19 (d) Westchester 20 c. Regular open hunting seasons for bear are fixed by regulation 21 pursuant to subdivision 8 of section 11-0903 of this article. The imple- 22 ments allowed for bear hunting will be the same as those allowed for 23 deer hunting as [listed in column three of the table] set forth in para- 24 graph [a] b of this subdivision. 25 § 4. Subdivision 2 of section 11-0113 of the environmental conserva- 26 tion law, as amended by chapter 135 of the laws of 1982, is amended to 27 read as follows: 28 2. In the tables in [sections] section 11-0905 [and 11-0907] each 29 letter of the alphabet in column one identifies and furnishes the cita- 30 tion for the matter in column one following such letter and also identi- 31 fies and furnishes the citation for the matter appearing in column two 32 and column three opposite the matter so identified in column one. 33 § 5. Paragraph b of subdivision 3 of section 11-0901 of the environ- 34 mental conservation law, as amended by section 5 of part EE of chapter 35 55 of the laws of 2014, is amended to read as follows: 36 b. Wild deer and bear shall not be taken except by gun, crossbow or by 37 long bow. Where an open season, set forth in [the table of open seasons38in] section 11-0907 of this title or otherwise established by law or 39 fixed by regulation, is specified as an open season for taking such game 40 by shotgun or long bow only, or is specified as an open season for 41 taking such game by long bow only, they shall not be taken except as so 42 specified. 43 § 6. Paragraph a of subdivision 1, paragraphs 1 and 2 of subdivision 44 3, subdivision 5 and subdivision 9 of section 11-0701 of the environ- 45 mental conservation law, paragraphs 1 and 2 of subdivision 3 and subdi- 46 vision 5 as amended by section 1-a of part R of chapter 58 of the laws 47 of 2013, paragraph a of subdivision 1 as amended by section 21 and 48 subdivision 9 as amended by section 17 of part EE of chapter 55 of the 49 laws of 2014, are amended to read as follows: 50 [a.] entitles a holder who is twelve or thirteen years of age to hunt 51 wildlife, except big game, as provided in title 9 of this article 52 subject, specifically, to the provisions of section 11-0929 of this 53 article. It entitles such holder to possess firearms as provided in 54 section 265.05 of the penal law. [A holder who is twelve or thirteen55years of age shall not hunt with a crossbow.]S. 5301 4 1 (1) who is between the ages of twelve and sixteen years to hunt wild 2 deer and bear with a longbow or crossbow during the special archery 3 season and during the regular season, as provided in title 9 of this 4 article, subject to the provisions of section 11-0929 and subdivision 3 5 of section 11-0713 of this article; 6 (2) who is eighteen years of age or older to hunt wild deer and bear 7 with a longbow or crossbow, as provided in title 9 of this article, in a 8 special [longbow] archery season; and 9 5. A non-resident bear tag entitles a person who has not been a resi- 10 dent of the state for more than thirty days who also possesses a hunting 11 license to hunt bear during the regular open season therefor or in an 12 open season fixed by regulation pursuant to subdivision eight of section 13 11-0903 of this article. It entitles a non-resident holder who also 14 possesses a hunting license with bowhunting privilege to hunt bear with 15 a longbow or crossbow during the open bear season. It entitles a non-re- 16 sident holder who also possesses a hunting license with muzzle-loading 17 privilege to hunt bear with a muzzleloader during the open bear season. 18 9. A muzzle-loading privilege when included on a hunting license enti- 19 tles a holder who is fourteen years of age or older to hunt wild deer 20 and bear with a muzzle-loading firearm [or crossbow], as provided in 21 title 9 of this article, in a special muzzle-loading firearm season. 22 § 7. Paragraph b of subdivision 6 of section 11-0703 of the environ- 23 mental conservation law, as amended by section 2 of part R of chapter 58 24 of the laws of 2013, is amended to read as follows: 25 b. Except as provided in section 11-0707 and section 11-0709 of this 26 title, no person shall (1) hunt wild deer or bear unless such person 27 holds and is entitled to exercise the privileges of a hunting license, 28 and meets the requirements of this article; (2) hunt wild deer or bear 29 with a longbow or crossbow in a special [longbow] archery season unless 30 such person holds and is entitled to exercise the privileges of a hunt- 31 ing license with a bowhunting privilege and meets the requirements of 32 this article; or (3) hunt wild deer or bear with a muzzle-loading 33 firearm in a special muzzle-loading firearm season unless such person is 34 at least fourteen years old and holds a hunting license with a muzzle- 35 loading privilege and meets the requirements of this article. 36 § 8. Subdivision 6 of section 11-0713 of the environmental conserva- 37 tion law is REPEALED. 38 § 9. Subparagraph 3 of paragraph c of subdivision 3 of section 11-0901 39 of the environmental conservation law is REPEALED. 40 § 10. Paragraph c of subdivision 3 of section 11-0901 of the environ- 41 mental conservation law, as amended by section 19 of part EE of chapter 42 55 of the laws of 2014, is amended to read as follows: 43 c. Wild small game and wild upland game birds shall be taken only by 44 longbow, crossbow or gun, or by the use of raptors as provided in title 45 10 of this article, except that: 46 (1) skunk, raccoon, bobcat, coyote, fox, mink and muskrat may be taken 47 in any manner not prohibited in this section or in title 11 of the Fish 48 and Wildlife Law; and 49 (2) frogs may also be taken by spearing, catching with the hands, or 50 by the use of a club or hook[; and]. 51 § 11. Subparagraph 9 of paragraph b and subparagraph 9 of paragraph c 52 of subdivision 4 of section 11-0901 of the environmental conservation 53 law, subparagraph 9 of paragraph b as added by section 6 and subpara- 54 graph 9 of paragraph c as added by section 7 of part EE of chapter 55 of 55 the laws of 2014, are amended to read as follows:S. 5301 5 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 crossbow shall be seventeen inches[,] and have a 7 minimum peak draw weight of one hundred pounds [and a maximum peak draw8weight of two hundred pounds]. The minimum overall length of such cross- 9 bow from buttstock to front of limbs shall be twenty-four inches. 10 (9) with a crossbow unless such crossbow shall consist of a bow and 11 string, either compound or recurve, that launches a minimum fourteen 12 inch [bolt] arrow, not including point, mounted upon a stock with a 13 trigger that holds the string and limbs under tension until released. 14 The trigger unit of such crossbow must have a working safety. The mini- 15 mum limb width of such crossbow shall be seventeen inches[,] and have a 16 minimum peak draw weight of one hundred pounds [and a maximum peak draw17weight of two hundred pounds]. The minimum overall length of such cross- 18 bow from buttstock to front of limbs shall be twenty-four inches. 19 § 12. Subdivision 13 of section 11-0901 of the environmental conserva- 20 tion law, as amended by section 23 of part R of chapter 58 of the laws 21 of 2013, is amended to read as follows: 22 13. Persons engaged in hunting deer and/or bear with a longbow or 23 crossbow must possess a current bowhunting privilege or a valid certif- 24 icate of qualification in responsible bowhunting practices issued or 25 honored by the department. 26 § 13. Subdivisions 11 and 16 of section 11-0901 of the environmental 27 conservation law are REPEALED. 28 § 14. Section 11-0903 of the environmental conservation law is amended 29 by adding a new subdivision 12 to read as follows: 30 12. Notwithstanding any inconsistent provision of this article, the 31 department is authorized to adopt regulations which authorize the taking 32 of wildlife by the use of crossbow. A summary of regulations adopted 33 pursuant to this subdivision shall be published each year in the hunting 34 syllabus issued pursuant to section 11-0323 of this article. 35 § 15. Subdivision 1 of section 11-0929 of the environmental conserva- 36 tion law, as amended by section 20 of part EE of chapter 55 of the laws 37 of 2014, is amended to read as follows: 38 1. A licensee who is twelve or thirteen years of age shall not hunt 39 wildlife with a gun, crossbow or a longbow, unless he or she is accompa- 40 nied by his or her parent or legal guardian, or by a person twenty-one 41 years of age or older designated in writing by his or her parent or 42 legal guardian on a form prescribed by the department, who holds a hunt- 43 ing license. [A licensee who is twelve or thirteen years of age shall44not hunt with a crossbow.] 45 § 16. Subparagraph 5 of paragraph b of subdivision 2 of section 46 11-0929 of the environmental conservation law is REPEALED and subpara- 47 graph 6 of paragraph b of subdivision 2 is renumbered subparagraph 5. 48 § 17. Subparagraph 2 of paragraph a and subparagraph 1 of paragraph b 49 of subdivision 4 of section 11-0931 of the environmental conservation 50 law, as amended by section 8 of part EE of chapter 55 of the laws of 51 2014, are amended to read as follows: 52 (2) discharge a firearm within five hundred feet, a long bow within 53 one hundred fifty feet, or a crossbow within [two] one hundred fifty 54 feet from a dwelling house, farm building or farm structure actually 55 occupied or used, school building, school playground, public structure, 56 or occupied factory or church;S. 5301 6 1 (1) The owner or lessee of the dwelling house, or members of his imme- 2 diate family actually residing therein, or a person in his employ, or 3 the guest of the owner or lessee of the dwelling house acting with the 4 consent of said owner or lessee, provided however, that nothing herein 5 shall be deemed to authorize such persons to discharge a firearm within 6 five hundred feet, a long bow within one hundred fifty feet, or a cross- 7 bow within [two] one hundred fifty feet of any other dwelling house, or 8 a farm building or farm structure actually occupied or used, or a school 9 building or playground, public structure, or occupied factory or church; 10 § 18. Section 11-0933 of the environmental conservation law, as added 11 by section 22 of part EE of chapter 55 of the laws of 2014, is amended 12 to read as follows: 13 § 11-0933. Taking small game by crossbow. 14 Notwithstanding any provision of this chapter, or any prior notwith- 15 standing language in this article, the department may, by regulation, 16 authorize the taking of small game and wild upland game birds by the use 17 of a crossbow by any licensed person [fourteen] twelve years of age or 18 older, in any small game season[, in any area designated in items (a),19(b), (c), (d), (e), (f), (i), (k), and (l) of paragraph a of subdivision20two of section 11-0907 of this title in which a shotgun or muzzle loader21is permitted]. 22 § 19. Paragraph c of subdivision 2 of section 11-0903 of the environ- 23 mental conservation law, as amended by chapter 366 of the laws of 2011, 24 is amended to read as follows: 25 c. pheasants anywhere in the state [other than Long Island]; 26 § 20. Paragraphs d and e of subdivision 2 of section 11-0905 of the 27 environmental conservation law, as amended by chapter 911 of the laws of 28 1990, are amended to read as follows: 29 d. Ring-necked [Long Island November Long Island, four] 30 pheasant [1 through December birds in one day,3131. Elsewhere, thirty during season.32fixed] Fixed annually [Elsewhere, fixed] 33 by regulation Fixed annually 34 by regulation 35 e. Quail [Orange, Putnam and Orange, Putnam and36Westchester counties, Westchester counties;37fixed] Fixed annually [four birds in one day,] 38 by regulation[; ten during season.39Long Island, Long Island, six birds40November 1 through in one day, forty41December 31 during season.] Fixed 42 annually by regulation 43 § 21. Paragraph c of subdivision 1 of section 11-0713 of the environ- 44 mental conservation law is REPEALED. 45 § 22. Subparagraph (i) of paragraph 4 of subdivision a of section 83 46 of the state finance law, as amended by section 1 of part AA of chapter 47 58 of the laws of 2015, is amended to read as follows: 48 (i) There is hereby created a special account within the conservation 49 fund to be known as the state fish and game trust account to consist of 50 all moneys received by the state from the sale of lifetime hunting, 51 fishing, and trapping licenses, and lifetime archery and muzzle-loading 52 privileges pursuant to section 11-0702 of the environmental conservation 53 law except those moneys deposited in the habitat conservation and access 54 account pursuant to section eighty-three-a of this chapter. The stateS. 5301 7 1 comptroller shall invest the moneys in such account in securities as 2 defined by section ninety-eight-a of this article or, within the 3 discretion of the comptroller to maximize income for the account, in 4 investments authorized by section one hundred seventy-seven of the 5 retirement and social security law or consistent with the provisions of 6 subdivision b of section thirteen of the retirement and social security 7 law. Any income earned by the investment of such moneys, except income 8 transferred to the conservation fund pursuant to subparagraph (iii) of 9 this paragraph, shall be added to and become a part of, and shall be 10 used for the purposes of such account. 11 § 23. Subdivision 10 of section 11-0907 of the environmental conserva- 12 tion law, as added by section 14 of part EE of chapter 55 of the laws of 13 2014, is amended to read as follows: 14 10. [Notwithstanding any provision of this chapter, or any prior15notwithstanding language in this article, the] The department may, by 16 regulation, authorize the taking of big game by the use of a crossbow by 17 any licensed person in any big game season [in any area designated in18items (a), (b), (c), (d), (e), (f), (i), (k) and (l) of paragraph a of19subdivision two of this section in which a shotgun or muzzle loader is20permitted provided however, that any crossbow use during an archery-only21season shall only take place during the last fourteen consecutive days22of such archery-only season in the southern zone provided that such23archery-only season shall consist of not less than forty-five days and24only during the last ten consecutive days of any archery-only season in25the northern zone provided that such archery-only season shall consist26of no less than twenty-three days. Any muzzle loading season which27occurs at the same time as a special archery season may only occur28during times when crossbows are authorized to be used]. 29 § 24. This act shall take effect immediately; provided, however, that 30 the amendments to paragraph c of subdivision 2 of section 11-0907 of the 31 environmental conservation law made by section three of this act shall 32 not affect the expiration of such paragraph and shall be deemed to 33 expire therewith.
