S T A T E   O F   N E W   Y O R K
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                                  5817

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 4, 2015
                               ___________

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
  crossbow hunting

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

  Section 1. Paragraph a of subdivision 1  of  section  11-0719  of  the
environmental  conservation  law,  as amended by section 2 of part EE of
chapter 55 of the laws of 2014, is amended to read as follows:
  a. In the circumstances described in paragraph b of  this  subdivision
the  department may revoke any license, bowhunting privilege, or muzzle-
loading privilege, of any person, to hunt,  fish  or  trap,  defined  in
section 11-0701 of this title or issued pursuant to any provision of the
Fish and Wildlife Law, or it may revoke all of such licenses, bowhunting
privileges,  or muzzle-loading privileges. It may also deny such person,
for a period not exceeding five years, the privilege of  obtaining  such
license  or licenses, bowhunting privilege, or muzzle-loading privilege,
or of hunting, trapping or fishing, anywhere in the state with or  with-
out  license,  bowhunting privilege, or muzzle-loading privilege, except
as provided in subdivision 1 of section 11-0707  of  this  title  or  in
section  11-0523  of  this article. It may also require that such person
successfully complete a department-sponsored course and obtain a certif-
icate of qualification in  responsible  hunting  [including  responsible
crossbow hunting], responsible bowhunting INCLUDING RESPONSIBLE CROSSBOW
HUNTING  or  responsible  trapping practices before being issued another
license.
  S 2. Paragraphs a and c of subdivision 2 of  section  11-0719  of  the
environmental  conservation  law,  as amended by section 4 of part EE of
chapter 55 of the laws of 2014, are amended to read as follows:
  a. The department may revoke the  licenses,  tags,  bowhunting  privi-
leges,  or muzzle-loading privileges, which authorize the holder to hunt

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11485-02-5
              

S. 5817                             2

and/or trap wildlife, and may  deny  the  privilege  of  obtaining  such
licenses, tags, bowhunting privileges, or muzzle-loading privileges, and
may  deny  the  privileges  of hunting and/or trapping with or without a
license.
  (1) of any person who, while engaged in hunting or trapping,
  (i)  causes  death  or  injury to any person by discharging a firearm,
crossbow or longbow, or
  (ii) so negligently discharges a firearm, crossbow or  longbow  as  to
endanger the life or safety of another, or
  (iii)  so  negligently  and wantonly discharges a firearm, crossbow or
longbow as to destroy or damage public or private property; or
  (2) of any agent of the department authorized to issue certificates of
qualification in responsible  hunting  [including  responsible  crossbow
hunting], bowhunting INCLUDING RESPONSIBLE CROSSBOW HUNTING, or trapping
practices  who improperly issues any such certification to a person whom
he or she has not trained, or whom he or she knows has not satisfactori-
ly completed all of the requirements necessary for such certification.
  c. In case such discharge of a firearm,  crossbow  or  longbow  causes
death or injury to any person, the license or licenses, bowhunting priv-
ilege,  and muzzle-loading privilege shall be revoked and the ability to
obtain any such license and of hunting or of trapping  anywhere  in  the
state  with  or without a license denied, for a period not exceeding ten
years, except that no revocation shall be made in cases in  which  facts
established  at  the hearing indicate to the satisfaction of the commis-
sioner that there was no negligence  on  the  part  of  the  shooter  or
bowhunter. In all other cases the license or licenses, bowhunting privi-
lege, or muzzle-loading privilege, shall be revoked and the privilege of
obtaining  such  license, bowhunting privilege, or muzzle-loading privi-
lege, and of hunting or of trapping anywhere in the state with or  with-
out  a license denied for a period not exceeding five years. The depart-
ment may also require that the  person  causing  such  death  or  injury
successfully complete a department-sponsored course and obtain a certif-
icate  of  qualification  in  responsible hunting [including responsible
crossbow hunting] or bowhunting practices INCLUDING RESPONSIBLE CROSSBOW
HUNTING before being issued another hunting license.
  S 3. Subparagraph 9 of paragraph b of subdivision 4 of section 11-0901
of the environmental conservation law, as added by section 6 of part  EE
of chapter 55 of the laws of 2014, is amended to read as follows:
  (9)  with  a  crossbow unless such crossbow shall consist of a bow and
string, either compound or recurve, that  launches  a  minimum  fourteen
inch bolt, not including point, mounted upon a stock with a trigger that
holds  the  string  and  limbs under tension until released. The trigger
unit of such crossbow must have a working safety. The minimum limb width
of such crossbow shall be seventeen inches[,] AND have  a  minimum  peak
draw weight of one hundred pounds [and a maximum peak draw weight of two
hundred pounds]. The minimum overall length of such crossbow from butts-
tock to front of limbs shall be twenty-four inches.
  S 4. Subparagraph 9 of paragraph c of subdivision 4 of section 11-0901
of  the environmental conservation law, as added by section 7 of part EE
of chapter 55 of the laws of 2014, is amended to read as follows:
  (9) with a crossbow unless such crossbow shall consist of  a  bow  and
string,  either  compound  or  recurve, that launches a minimum fourteen
inch bolt, not including point, mounted upon a stock with a trigger that
holds the string and limbs under tension  until  released.  The  trigger
unit of such crossbow must have a working safety. The minimum limb width
of  such  crossbow  shall be seventeen inches[,] AND have a minimum peak

S. 5817                             3

draw weight of one hundred pounds [and a maximum peak draw weight of two
hundred pounds]. The minimum overall length of such crossbow from butts-
tock to front of limbs shall be twenty-four inches.
  S  5.  Subdivision 6 of section 11-0713 of the environmental conserva-
tion law, as added by section 12 of part EE of chapter 55 of the laws of
2014, is amended to read as follows:
  6. The department shall require training in the safe  use  of  hunting
with  a  crossbow and safe hunting practices in the [basic hunter educa-
tion] BOWHUNTER EDUCATION course required for all new [hunters]  BOWHUN-
TERS.  All  persons  who have completed [hunter] BOWHUNTER education and
who have not  certified  their  completion  of  a  safety  course  which
includes  crossbow  hunting  training prior to April first, two thousand
fourteen shall complete an online or other training program approved  by
the department prior to using a crossbow to hunt.
  S  6. Subdivision 10 of section 11-0907 of the environmental conserva-
tion law, as added by section 14 of part EE of chapter 55 of the laws of
2014, is amended to read as follows:
  10. Notwithstanding any  provision  of  this  chapter,  or  any  prior
notwithstanding  language  in this article, the department may, by regu-
lation, authorize the taking of big game by the use of a crossbow by any
licensed person in any big game season in any area designated  in  items
(a),  (b), (c), (d), (e), (f), (i), (k) and (l) of paragraph a of subdi-
vision two of this section in  which  a  shotgun  or  muzzle  loader  is
permitted provided however, that any crossbow use during an archery-only
season  shall  only take place during the last fourteen consecutive days
of such archery-only season in the  southern  zone  provided  that  such
archery-only  season  shall consist of not less than forty-five days and
only during the last ten consecutive days of any archery-only season  in
the  northern  zone provided that such archery-only season shall consist
of no less than twenty-three  days.  Any  muzzle  loading  season  which
occurs  at  the  same  time  as  a special archery season may only occur
during times when crossbows are authorized to be used.   THE  DEPARTMENT
MAY  AUTHORIZE  JUNIOR HUNTERS THAT POSSESS THE JUNIOR ARCHERY PRIVILEGE
TO USE A CROSSBOW DURING THE YOUTH DEER HUNT.
  S 7. The closing paragraph of paragraph a of subdivision 2 and  subdi-
visions  3, 4, 5 and 9 of section 11-0701 of the environmental conserva-
tion law, the closing paragraph of paragraph  a  of  subdivision  2  and
subdivisions  3,  4 and 5 as amended by section 1-a of part R of chapter
58 of the laws of 2013 and subdivision 9 as amended  by  section  17  of
part  EE  of  chapter  55  of  the  laws of 2014, are amended to read as
follows:
  A holder may take fish with a  longbow  OR  CROSSBOW  as  provided  in
titles [9] NINE and [13] THIRTEEN of this article.
  3.  A bowhunting privilege when included on a hunting license entitles
a holder:
  (1) who is between the ages of twelve and sixteen years to  hunt  wild
deer  and  bear  with  a  longbow OR CROSSBOW during the special archery
season and during the regular season, as provided in title [9]  NINE  of
this  article, subject to the provisions of section 11-0929 and subdivi-
sion [3] THREE of section 11-0713 of this article;
  (2) who is eighteen years of age or older to hunt wild deer  and  bear
with  a longbow OR CROSSBOW, as provided in title [9] NINE of this arti-
cle, in a special longbow OR CROSSBOW season; and
  (3) who is sixteen or seventeen years of  age  to  exercise  the  same
privileges  subject to the provisions of section 11-0929 and subdivision
[3] THREE of section 11-0713 of this article.

S. 5817                             4

  4. A fishing license entitles the holder  to  take  fish  by  angling,
spearing,  hooking,  longbow  OR  CROSSBOW  and tipups, to take frogs by
spearing, catching with the hands or by use of a club or  hook,  and  to
take bait fish for personal use, as provided in titles [9] NINE and [13]
THIRTEEN of this article, except that such license shall not entitle the
holder to take migratory fish of the sea or to take fish from the waters
of the marine district.
  5.  A non-resident bear tag entitles a person who has not been a resi-
dent of the state for more than thirty days who also possesses a hunting
license to hunt bear during the regular open season therefor  or  in  an
open season fixed by regulation pursuant to subdivision eight of section
11-0903  of  this  article.  It  entitles a non-resident holder who also
possesses a hunting license with bowhunting OR CROSSBOW  HUNTING  privi-
lege  to  hunt  bear  with  a  longbow  OR CROSSBOW during the open bear
season. It entitles a non-resident holder who also possesses  a  hunting
license  with  muzzle-loading privilege to hunt bear with a muzzleloader
during the open bear season.
  9. A muzzle-loading privilege when included on a hunting license enti-
tles a holder who is fourteen years of age or older to  hunt  wild  deer
and  bear  with  a  muzzle-loading firearm [or crossbow,] as provided in
title [9] NINE of this article,  in  a  special  muzzle-loading  firearm
season.
  S 8. This act shall take effect immediately.