S1699-2013 Actions

• Apr 16, 2013: REPORTED AND COMMITTED TO FINANCE
• Apr 10, 2013: PRINT NUMBER 1699A
• Apr 10, 2013: AMEND (T) AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
• Jan 9, 2013: REFERRED TO ENVIRONMENTAL CONSERVATION

S1699-2013 Votes

S1699-2013 Memo

BILL NUMBER:S1699

TITLE OF BILL:  An act to amend the environmental conservation law, in
relation   to   permitting   hunting   with   crossbows   in   certain
circumstances; and to amend chapter 483 of the laws of 2010,  amending
the environmental conservation law relating to hunting by crossbow, in
relation to the effectiveness thereof

PURPOSE:    This  bill  would  allow  the  Department of Environmental
Conservation to promulgate standards to allow for a legalized crossbow
hunting season.

SUMMARY OF PROVISIONS:

Section 1 of this bill makes crossbows a legal hunting implement.

Section 2 gives the DEC the authority through regulation to permit the
use of crossbows to take game  by  any  licensed  person  any  hunting
season.

Section  3  amends  chapter  438 of the laws of 2010 to make permanent
changes to the law  aligning  crossbow  prohibitions  with  those  for
firearms  and long bows and requiring the DEC to adopt regulations for
training in the safe use of hunting with a crossbow.

JUSTIFICATION:  Currently, hunting with a crossbow is not permitted in
New York State except under very limited conditions relating to  being
almost  completely physically disabled. However, a person is permitted
to hunt with a long bow. In states including  Georgia,  Michigan,  and
Ohio  that  allow  the  use  of  crossbows,  crossbows appear to be an
important recruitment and retention tool for hunters.

Many people start out hunting with crossbows and eventually switch  to
longbows  or  compound  bows. Also, the sportsmen in these states have
realized that the recruitment  of  additional  hunters  outweighs  any
differences  over  hunting tools. The Sportsmen's cause and the future
of hunting are only enhanced by more  people  entering  the  ranks  of
active and Participating Sportsmen.

Further,  these  states  found that crossbow use has not resulted in a
decrease in "bag limits nor has poaching increased.

As  expected,  where  crossbow  hunting  is  permitted,  it  has  been
documented as a safe, responsible and popular means of hunting, and it
has  had  no ill effect on wildlife resources or on any other group of
sportsmen. Crossbow seasons  also  create  hunting  opportunities  for
people  with  disabilities,  and  those  that  cannot use a longbow or
compound bow. Many people want to hunt  with  archery  equipment,  but
simply are not able to physically maneuver a longbow or a compound bow
-  i.e. disabled persons, older persons or persons that lack the upper
body muscle strength needed for longbows or compound bows.   Crossbows
can  be  used  by all of these persons, affording them the opportunity
they are now missing. Finally, the bill defines crossbow in accordance
with the standards adopted by the American Crossbow Federation.


LEGISLATIVE HISTORY:  2011-12 S.6747-A/A.9682  Passed  Senate/Referred
to Environmental Conservation

FISCAL  IMPLICATIONS:    Positive  to  the  State, as there will be an
increase in the number of licenses that are issued.

EFFECTIVE DATE:  This act shall take effect immediately.

S1699-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1699

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by Sen. GALLIVAN -- 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
    permitting  hunting  with  crossbows  in certain circumstances; and to
    amend chapter 483 of the laws  of  2010,  amending  the  environmental
    conservation  law  relating to hunting by crossbow, in relation to the
    effectiveness thereof

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  Subdivision  3  of  section  11-0901 of the environmental
  conservation law, paragraphs a and b as amended by chapter  911  of  the
  laws of 1990, paragraph c as amended by chapter 825 of the laws of 1973,
  subparagraph  1  of paragraph c as amended by chapter 407 of the laws of
  1976, paragraph d as amended by chapter 15 of the laws  of  1976,  para-
  graph  e  as  amended by chapter 418 of the laws of 1996, paragraph f as
  amended by chapter 533 of the laws of 1973 and paragraph g as amended by
  chapter 34 of the laws of 1979, is amended to read as follows:

    3. a. Migratory game birds shall be taken only as permitted  by  regu-
  lations of the department adopted pursuant to section 11-0307.
    b. Wild deer and bear shall not be taken except by gun, CROSSBOW or by
  long  bow.  Where an open season, set forth in the table of open seasons
  in section 11-0907 or otherwise established by law  or  fixed  by  regu-
  lation,  is specified as an open season for taking such game by shotgun,
  CROSSBOW or long bow only, or is specified as an open season for  taking
  such  game by long bow only, they shall not be taken except as so speci-
  fied.
    c. Wild small game and wild upland game birds shall be taken  only  by
  longbow,  CROSSBOW or gun, or by the use of raptors as provided in title
  10 of this article, except that:


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00023-01-3

 S. 1699                             2

    (1) skunk, raccoon, bobcat, coyote, fox, mink and muskrat may be taken
  in any manner not prohibited in this section or in title 11 of [the Fish
  and Wildlife Law] THIS ARTICLE, and
    (2)  frogs  may also be taken by spearing, catching with the hands, or
  by the use of a club or hook.
    d. Muskrat shall not be taken by the use of a spear and shall  not  be
  taken  by shooting except that until the state of Vermont shall prohibit
  taking of muskrats on Lake Champlain by shooting, muskrats may be taken,
  by shooting with a firearm not larger than twenty-two caliber,  on  Lake
  Champlain,  exclusive  of  the tributary streams flowing into such lake.
  Possession of pierced or stabbed muskrats shall be presumptive  evidence
  that they were unlawfully taken. Wild mink shall not be taken by the use
  of  firearms  in the Northern Zone nor elsewhere within the state with a
  firearm larger than twenty-two caliber. Skunk, raccoon, bobcat, mink and
  muskrat shall not be taken by  the  use  of  smoke,  chemicals,  gas  or
  poison. Beaver, fisher and otter shall not be hunted.
    e. Wild pheasant shall be taken only by shotgun, CROSSBOW or long bow,
  or  by  the  use  of  raptors  as  provided in title 10 of this article.
  Except as  specifically  authorized  by  regulation  of  the  department
  adopted  pursuant  to  section 11-1007 or whenever the department deter-
  mines that the taking of hen pheasants will result  in  better  pheasant
  management  and  not  be  detrimental to the natural propagation of such
  pheasants, only male wild pheasants shall be taken.
    f. No wildlife shall be taken with an arrow OR BOLT with an  explosive
  head  or shaft, or with an arrow, BOLT, dart or any device, propelled by
  any means, that is used for the purpose of injecting or  delivering  any
  type  of  drug  into  the blood system of such wildlife. Nothing in this
  paragraph shall be construed as  prohibiting  a  wildlife  biologist  or
  employee  of  the  department  or anyone acting under a license from the
  department from using any method to take wildlife  if  he  is  doing  so
  within  the  scope  of his employment for the department, or pursuant to
  the license issued by the department.
    g. Wildlife shall not be taken by the use of [a cross-bow, by] a  long
  bow  drawn, pulled, released, or held in a drawn position by any mechan-
  ical device attached to a portion of the bow other than  the  bowstring,
  or by the use of a device commonly called a spear gun.
    S 2.  Subdivision 17 of section 11-0901 of the environmental conserva-
  tion  law, as added by chapter 483 of the laws of 2010, is amended and a
  new subdivision 18 is added to read as follows:

    17. Notwithstanding any inconsistent provision of this [section] ARTI-
  CLE, the department may, by regulation, authorize the taking of big game
  by the use of a crossbow by any licensed person in any big  game  season
  [in  which  the use of a shotgun or muzzle loader is permitted, provided
  however that any such authorized taking of big game  by  the  use  of  a
  crossbow in a season or special season in which the muzzle loader is the
  only firearm permitted shall succeed the regular open hunting season for
  deer established pursuant to section 11-0907 of this title].
    18.    NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE, THE
  DEPARTMENT MAY, BY REGULATION, AUTHORIZE THE TAKING OF WILDLIFE  BY  THE
  USE OF A CROSSBOW BY ANY LICENSED PERSON IN ANY OPEN SEASON.
    S  3.    Section  17  of chapter 483 of the laws of 2010, amending the
  environmental conservation law  relating  to  hunting  by  crossbow,  is
  amended to read as follows:

    S 17. This act shall take effect October 1, 2010, except that sections
  four  and  five of this act shall take effect February 1, 2011, provided
  that any rules or regulations necessary for the timely implementation of

 S. 1699                             3

  the provisions of this act on its effective date shall be promulgated on
  or before February 1, 2011 and provided further that SECTIONS FOUR, SIX,
  SEVEN, EIGHT, NINE, TEN, ELEVEN, TWELVE, FOURTEEN AND  FIFTEEN  OF  this
  act shall expire on December 31, 2012 when upon such date the provisions
  of [this act] SUCH SECTIONS shall be deemed repealed; provided, however,
  that  the  amendments to paragraph a of subdivision 2 of section 11-0907
  of the environmental conservation law made by section eleven of this act
  shall be subject to the  expiration  and  reversion  of  such  paragraph
  pursuant  to  section 13 of chapter 600 of the laws of 1993, as amended,
  when upon such date the provisions of section twelve of this  act  shall
  take effect.
    S 4. This act shall take effect immediately.