Relates to junior small and big game hunting license and the use of crossbows; repealer

Summary of provisions

The ECL is amended as follows:

A. The existing language of Subdivision 12 of ECL §11-0701 is lettered paragraph a, and a new paragraph b is added to create a junior small and big game license entitling persons between fourteen and sixteen years to hunt wildlife pursuant to Title 9 and to hunt wild deer and bear with a firearm during the regular season and with a muzzleloader during muzzle loading seasons, under adult supervision. Additional amendments are made throughout Article 11, Title 9 to set forth the fee for the new license and the privileges of such license, and to clarify the age restrictions applicable to young hunters. Article 11, Title 9 of the ECL is amended where appropriate to reflect the new license.

B. Paragraph g of Subdivision 3 and Subdivision 15 of ECL § 11-0901 are amended, Subdivision 16 is repealed, and a new Subdivision 16 is added to grant the Department of Environmental Conservation (Department) the authority to allow the use of crossbows by regulation, including by any person with a physical disability.

Existing law

A. ECL § 11-0701(2)(c) authorizes the holder of a junior archery license, age fourteen to age sixteen, to hunt big game with a longbow. ECL §11-0701(12) authorizes a holder of a junior small game license, age twelve to age sixteen, to hunt small game with a firearm ECL § 11-0929 requires adult supervision of minors between the ages of twelve and sixteen when hunting with a firearm or longbow.

B. ECL §11-0901(3)(g) prohibits the taking of wildlife with a crossbow, a longbow drawn, pulled, released, or held in a draw position by any mechanical device attached to any portion of the bow other than a bowstring, or a spear gun. ECL § 11-0901 (15) authorizes the Department to issue a permit to take game with a bow equipped with a mechanical device to any person who is permanently physically incapable of drawing and holding a bow. ECL §11-0901(16) authorizes the Department to issue to a person with a physical disability a permit to take game with a

crossbow equipped with an apparatus permitting release of the bowstring by such person's breath.

Justification

Providing fourteen and fifteen year old hunters the opportunity, under adult supervision, to hunt big game with a firearm would provide New York families with the same opportunity available to families in every other state in the nation. It would allow hunters to maintain the hunt- ing tradition within families through the support of younger hunters. Further, it would provide a stronger and larger pool of hunters, which is important to control deer populations in the state.

New York is the only state in the nation where parents cannot take four- teen year olds big game hunting with a firearm. In fact, forty-seven states allow twelve year olds to hunt big game with a firearm. Since 1991, twelve and thirteen year-olds in New York have been allowed to hunt small game with a firearm while accompanied by a supervising adult. This group of hunters has had the best hunting safety record of any age group. However, New York continues to restrict fourteen and fifteen year old big game hunters to hunting with bows and arrows, even though they may have been using a firearm for hunting small game since age twelve.

Hunting license sales have experienced a decline during the past twenty years. During this same time, deer populations have increased by approx- imately 75%. The recruitment of additional hunters is needed to effec- tively manage future deer populations. The involvement of young people in the hunting tradition is probably the best way of recruiting new hunters who will contribute year-after-year to the management of New York's deer population.

Interest in the use of crossbows as a hunting implement has increased substantially during the last decade. Retail availability of crossbows and their allowed use in other states and provinces has served to increase awareness among hunters. Current use in other locations suggests that crossbows are viable hunting implements and can offer additional benefits when used in specific situations such as suburban areas for deer hunting. Outreach efforts as part of the Department's "Future of Deer Hunting Initiative" in 2000 resulted in a number of requests to allow the use of crossbows under a variety of conditions.

Currently, ECL 11-0901(3)(g)prohibits the taking of wildlife by use of a crossbow. The potential exists for the use of crossbows for hunting in a number of different situations. Therefore, in addition to removal of the prohibition on the use of crossbows for taking wildlife, it would be desirable for the Department to have authority to allow the use of crossbows as the Department deems appropriate so as to best manage deer populations.

Introduction of the use of crossbows has the potential to be a key factor in achieving desired deer harvests in specific locations such as suburban areas where additional deer take is needed. Concurrently, the

legalization of crossbows could expand the number of hunting partic- ipants.

The Division of Fish, Wildlife, and Marine Resources has considered the potential impacts that might result from allowing the use of crossbows for deer hunting. Previously, the Department proposed, if granted regu- latory authority, that crossbows be allowed for use for deer hunting in regular big game seasons, and for use in all seasons by senior and hand- icapped hunters. Further, the Department also proposed allowing cross- bows in some archery-only areas where deer harvest is inadequate.

Legislative history

2007-08, A1154 held in En Con Committee 2005-06, A10192 held in En Con Committee

Fiscal implications

This proposal is expected to result in increased license sales. Reven- ues from license sales are deposited into the Conservation Fund.

Effective date

This act shall take effect October 1, 2009, provided that any regu- lations necessary for the timely implementation of the provisions of this act on its effective date shall be promulgated on or before such date.