What's happening
This bill updates New York's hunting laws, expanding crossbow use, modifying hunting seasons, implements, and age requirements, and revising related regulations.
Why it matters
Increased Access to Crossbow Hunting. By lowering the minimum age for crossbow use to 12, and allowing crossbows in more hunting seasons and regions, the bill significantly broadens who can hunt with crossbows and when, potentially making hunting more accessible to youth and those who may have difficulty using other implements.
Simplified and Standardized Hunting Regulations. The bill repeals and consolidates a number of complex, location-specific rules, shifting authority to the Department of Environmental Conservation to set many regulations by rulemaking. This could result in more adaptive and responsive management of wildlife and hunting seasons, but may also reduce legislative oversight.
Regional Flexibility and Expansion of Hunting Seasons. By updating open season dates and hunting implement rules for deer and bear in different zones (e.g., extending Suffolk County’s season through March 31), the legislation aims to better tailor wildlife management to local conditions, which could help control overpopulated species and address regional wildlife issues.
Potential Impacts on Safety and Conservation. The reduction in minimum distance required to discharge a crossbow near dwellings (from 200 to 150 feet) and the expansion of hunting privileges to younger hunters may raise questions about hunting safety and regulatory enforcement. Conversely, by modernizing the rules and aligning them with current practices, the bill may improve hunter compliance and wildlife population management.
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Who cares
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Update Hunting Laws
Plain English, a few words. Used as the page title.
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History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
7 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 Environmental 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 penalties 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 Assembly, do enact as follows:
Section 1. Paragraph a of subdivision 2 of section 11-0907 of the environmental conservation law is REPEALED and a new paragraph a is added to read as follows:
a. Seasons for deer hunting. Regular open hunting seasons for deer are established as follows:
(1) In the Northern Zone, deer may be taken from the next to last Saturday in October through the first Sunday in December.
(2) In the Southern Zone, deer may be taken from the first Monday after November fifteenth through the first Tuesday after December seventh.
(3) In Westchester County, deer of either sex may be taken from November first through December thirty-first.
(4) In Suffolk County, deer of either sex may be taken from the second Monday in November through March thirty-first.
§ 2. Subdivision 9 of section 11-0907 of the environmental conservation law is REPEALED.
§ 3. The subdivision heading and paragraph b of subdivision 2 of 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.
LBD10002-04-7
S. 5301 2
ing as amended and paragraph b of subdivision 2 as added by chapter 600 of the laws of 1993, are amended to read as follows:
Regular big game hunting seasons.
b. Implements. Where taking of big game by shotgun is permitted by this chapter such shotgun may contain rifling in all or a portion of the barrel, provided, however, if the barrel or a portion thereof does contain rifling only shells having non-metallic cases, except for the base, may be used.
(1) Deer and bear may be taken by pistol, rifle, shotgun, muzzleloading firearm, crossbow or long bow only in all or parts of the following regions or counties or portions of counties:
(a) Northern Zone
(b) Albany except in areas as defined in subdivisions six or seven of this section
(c) Allegany
(d) That portion of the county of Broome east of the Susquehanna river in the towns of Coleville, Windsor, and Sanford
(e) Cattaraugus
(f) Chautauqua except that portion of the county north of route 20
(g) Cayuga
(h) Chemung
(i) Chenango
(j) Columbia
(k) Cortland
(l) Delaware
(m) Fulton (parts in the Southern Zone)
(n) Genesee
(o) Greene
(p) Herkimer (parts in the Southern Zone) except in areas as defined in subdivision five of this section
(q) Livingston
(r) Madison
(s) Montgomery
(t) Oneida (parts in the Southern Zone)
(u) Orange
(v) Ontario
(w) Oswego (parts in the Southern Zone)
(x) Otsego
(y) Rensselaer
(z) Saratoga (parts in the Southern Zone)
(aa) Schenectady
(bb) Schoharie
(cc) Schuyler
(dd) Seneca
(ee) Steuben
(ff) Sullivan
(gg) Tioga
(hh) Ulster
(ii) Washington (parts in the Southern Zone)
(jj) Wayne
(kk) Wyoming
(ll) Yates
(2) Deer and bear may be taken by pistol, shotgun, muzzleloading firearm, crossbow or long bow only in the following counties or portions of counties:
(a) the portion of the county of Broome west of the Susquehanna river
S. 5301 3
(b) the portion of the county of Chautauqua north of route 20
(c) Dutchess
(d) Erie except in areas as defined in subdivision five of this section
(e) Monroe except in areas as defined in subdivision five of this section
(f) Niagara
(g) Onondaga
(h) Orleans
(i) Putnam
(j) Rockland
(k) Tompkins
(3) Deer of either sex may be taken by long bow only in the following counties or portion of counties:
(a) Albany in areas as defined in subdivision seven of this section
(b) Monroe in areas as defined in subdivision five of this section
(c) Suffolk except as provided in regulation established pursuant to subdivision seven of section 11-0903 of this article
(d) Westchester
c. Regular open hunting seasons for bear are fixed by regulation pursuant to subdivision 8 of section 11-0903 of this article. The implements allowed for bear hunting will be the same as those allowed for deer hunting as [listed in column three of the table] set forth in paragraph [a] b of this subdivision.
§ 4. Subdivision 2 of section 11-0113 of the environmental conservation law, as amended by chapter 135 of the laws of 1982, is amended to read as follows:
2. In the tables in [sections] section 11-0905 [and 11-0907] each letter of the alphabet in column one identifies and furnishes the citation for the matter in column one following such letter and also identifies and furnishes the citation for the matter appearing in column two and column three opposite the matter so identified in column one.
§ 5. Paragraph b of subdivision 3 of section 11-0901 of the environmental conservation law, as amended by section 5 of part EE of chapter 55 of the laws of 2014, is amended to read as follows:
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 of this title or otherwise established by law or fixed by regulation, is specified as an open season for taking such game by shotgun 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 specified.
§ 6. Paragraph a of subdivision 1, paragraphs 1 and 2 of subdivision 3, subdivision 5 and subdivision 9 of section 11-0701 of the environmental conservation law, paragraphs 1 and 2 of subdivision 3 and subdivision 5 as amended by section 1-a of part R of chapter 58 of the laws of 2013, paragraph a of subdivision 1 as amended by section 21 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.] entitles a holder who is twelve or thirteen years of age to hunt wildlife, except big game, as provided in title 9 of this article subject, specifically, to the provisions of section 11-0929 of this article. It entitles such holder to possess firearms as provided in section 265.05 of the penal law. [A holder who is twelve or thirteen years of age shall not hunt with a crossbow.]
S. 5301 4
(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 of this article, subject to the provisions of section 11-0929 and subdivision 3 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 of this article, in a special [longbow] archery season; and
5. A non-resident bear tag entitles a person who has not been a resident 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 privilege 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 entitles 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 of this article, in a special muzzle-loading firearm season.
§ 7. Paragraph b of subdivision 6 of section 11-0703 of the environmental conservation law, as amended by section 2 of part R of chapter 58 of the laws of 2013, is amended to read as follows:
b. Except as provided in section 11-0707 and section 11-0709 of this title, no person shall (1) hunt wild deer or bear unless such person holds and is entitled to exercise the privileges of a hunting license, and meets the requirements of this article; (2) hunt wild deer or bear with a longbow or crossbow in a special [longbow] archery season unless such person holds and is entitled to exercise the privileges of a hunting license with a bowhunting privilege and meets the requirements of this article; or (3) hunt wild deer or bear with a muzzle-loading firearm in a special muzzle-loading firearm season unless such person is at least fourteen years old and holds a hunting license with a muzzleloading privilege and meets the requirements of this article.
§ 8. Subdivision 6 of section 11-0713 of the environmental conservation law is REPEALED.
§ 9. Subparagraph 3 of paragraph c of subdivision 3 of section 11-0901 of the environmental conservation law is REPEALED.
§ 10. Paragraph c of subdivision 3 of section 11-0901 of the environmental conservation law, as amended by section 19 of part EE of chapter 55 of the laws of 2014, is amended to read as follows:
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:
(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; and
(2) frogs may also be taken by spearing, catching with the hands, or by the use of a club or hook[; and].
§ 11. Subparagraph 9 of paragraph b and subparagraph 9 of paragraph c of subdivision 4 of section 11-0901 of the environmental conservation law, subparagraph 9 of paragraph b as added by section 6 and subparagraph 9 of paragraph c as added by section 7 of part EE of chapter 55 of the laws of 2014, are amended to read as follows:
S. 5301 5
(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] arrow, 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 buttstock to front of limbs shall be twenty-four inches.
(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] arrow, 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 buttstock to front of limbs shall be twenty-four inches.
§ 12. Subdivision 13 of section 11-0901 of the environmental conservation law, as amended by section 23 of part R of chapter 58 of the laws of 2013, is amended to read as follows:
13. Persons engaged in hunting deer and/or bear with a longbow or crossbow must possess a current bowhunting privilege or a valid certificate of qualification in responsible bowhunting practices issued or honored by the department.
§ 13. Subdivisions 11 and 16 of section 11-0901 of the environmental conservation law are REPEALED.
§ 14. Section 11-0903 of the environmental conservation law is amended by adding a new subdivision 12 to read as follows:
12. Notwithstanding any inconsistent provision of this article, the department is authorized to adopt regulations which authorize the taking of wildlife by the use of crossbow. A summary of regulations adopted pursuant to this subdivision shall be published each year in the hunting syllabus issued pursuant to section 11-0323 of this article.
§ 15. Subdivision 1 of section 11-0929 of the environmental conservation law, as amended by section 20 of part EE of chapter 55 of the laws of 2014, is amended to read as follows:
1. A licensee who is twelve or thirteen years of age shall not hunt wildlife with a gun, crossbow or a longbow, unless he or she is accompanied by his or her parent or legal guardian, or by a person twenty-one years of age or older designated in writing by his or her parent or legal guardian on a form prescribed by the department, who holds a hunting license. [A licensee who is twelve or thirteen years of age shall not hunt with a crossbow.]
§ 16. Subparagraph 5 of paragraph b of subdivision 2 of section 11-0929 of the environmental conservation law is REPEALED and subparagraph 6 of paragraph b of subdivision 2 is renumbered subparagraph 5.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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 penalties 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
Purpose of the bill
The purpose of this bill is to simplify the law which establishes big game hunting seasons and allowable hunting implements by county, as well as to modernize hunting restrictions and update hunting opportunities in New York State.
Summary of provisions
Section 1 of the bill would repeal ECL § 11-0907(2)(a) which sets open hunting seasons and manner of taking (allowable hunting implements) for deer.
Read the full memo (1,465 words)
Section 2 of the bill would repeal ECL § 11-0907(9) related to the authorization of big game hunting on Sunday in a portion of the State.
Section 3 of the bill would re-title ECL § 11-0907(2) "Regular big game hunting seasons." This section would re-codify the existing hunting seasons set in statute for deer. This section would also recodify the provision which provides that in places where the taking of big game by shotgun is permitted, that shotgun barrels may contain rifling in all or a portion of the barrel and that if the barrel contains rifling, only shotgun shells with non-metallic cases, except for the shell base, may be used.
Additionally, this section would provide that deer and bear may be taken with a pistol, rifle, shotgun, muzzle loading firearm, crossbow or longbow in all or parts of named counties or zones; that deer and bear may be taken with a pistol, shotgun, muzzle loading firearm, crossbow or longbow in all or parts of other named counties or zones; and that deer of either sex may be taken only with a longbow or crossbow in Suffolk and Westchester counties, and defined parts of Albany and Monroe counties.
Section 4 of the bill would amend ECL § 11-0113(2) to make conforming changes regarding a reference to subdivision 2 of ECL § 11-0907.
Section 5 of the bill would amend ECL § 11-0901(3)(b) to make conforming changes regarding a reference to subdivision 2 of ECL § 11-0907.
Section 6 of the bill would amend ECL § 11-0701(1)(a), paragraphs (1) and (2) of subdivision 3 and subdivisions 5 and 9 to make conforming changes to allow 12 and 13 year olds to hunt with crossbows and add in references to crossbows in the definition of what a holder of a hunting license, bowhunting privilege and non-resident bear tag is entitled to.
Section 7 of the bill would amend ECL § 11-0703(6)(b) to specify that a person may not hunt bear or deer in the special archery season with a crossbow unless they have a hunting license with a bowhunting privilege.
Section 8 of the bill would make conforming changes by repealing ECL § 11-0713(6) which requires training in safe use of hunting with a crossbow within the basic hunter education course. Individuals who hunt with crossbows will now be required to have a bow hunting privilege.
Section 9 of the bill would make conforming changes by repealing § 11-0901(3)(c)(3) to allow youths to hunt wild small game and wild upland birds with a crossbow.
Section 10 of the bill would amend ECL § 11-0901(3)(c) to allow youths to hunt wild small game and wild upland birds with a crossbow.
Section 11 of the bill would amend ECL § 11-0901(4)(b)(9) and § 11-0901(4)(c)(9) to make a technical change in regards to crossbows.
Section 12 of the bill would amend ECL § 11-0901(13) to require individuals who hunt with crossbows to possess a bow-hunting privilege and a valid certificate in responsible bow hunting practices.
Section 13 of the bill would make conforming changes by repealing ECL § 11-0901 (11), which prohibits the use of a mechanical devise with a bow, and (16), which authorizes disabled hunters to use crossbows which may be discharged only using ones breath.
Section 14 of the bill would add a new ECL § 11-0903(12) to authorize DEC to adopt regulations authorizing the taking of wildlife by the use of a crossbow and to include a summary of such regulations in the hunting and fishing syllabus.
Section 15 of the bill would amend ECL § 11-0929(1) to make conforming changes regarding the use of crossbows.
Section 16 of the bill would amend ECL § 11-0929(5)(b)(2) to allow junior hunters and their mentors to use tree stands while hunting with a firearm or crossbow.
Section 17 of the bill would amend ECL § 11-0931(4)(a)(2) and § 11-0931(4)(b)(1) to reduce the setback for hunting with a crossbow from 250 feet to 150 feet from a building.
Section 18 of the bill would amend ECL § 11-0933 to make conforming changes regarding hunting.
Section 19 of the bill would amend ECL § 11-0903(2)(c) to grant DEC regulatory authority over ring-necked pheasant and quail on Long Island.
Section 20 of the bill would amend ECL § 11-0905(2)(d) and (2)(e) to grant DEC regulatory authority over ring-necked pheasant and quail on Long Island.
Section 21 of the bill would repeal § 11-0713 (1)(c) to eliminate the provision dealing with persons eligible to purchase and re-issue one day fishing licenses.
Section 22 of the bill would amend State Finance Law § 83(a)(4)(i) to provide additional authority to the Comptroller related to the investment of the state fish and game trust account.
Section 23 of the bill would amend ECL § 11-0907(10) to make conforming changes regarding crossbows.
Section 24 of the bill would provide for an immediate effective date and the amendments to paragraph c of subdivision 2 of section 11-0907 of the ECL made by section two shall not affect the expiration of such paragraph and shall be deemed expired therewith.
Justification
Hunting and outdoors activities are important facets of the culture of New York State. Many families have long traditions of hunting that define their way of life. People across New York are eager to pass down this tradition. With the popularity of two-person ladder stands and elevated hunting blinds, mentors have a variety of options to safely teach firearm handling and hunting skills to junior hunters from elevated positions. Shooting from elevated stands often helps to ensure that shots fired downward have a safe backstop (the ground). Accordingly, this bill would eliminate the requirement that junior hunters and their mentors must remain at ground level while hunting.
Currently, pheasant and quail hunting season dates and bag limits are established in statute for Long Island. Long Island is the only part of the State where DEC does not have regulatory authority for these species. Quail populations have declined on Long Island to a level that no longer supports a sport hunting opportunity, and the season should be closed. While pheasants still occur in numbers adequate to support some hunting, DEC should periodically reassess the status of wild pheasants on Long Island and establish appropriate hunting opportunities instead of being required to use the default season and bag limits established in the law. Providing regulatory authority to manage these species will allow DEC the ability to timely address the status of the resource.
Further, ECL § 11-0907(2)(a) assembles counties into geographic groups pertaining to open seasons and the use of implements for big game hunting. Amendments to allowable big game hunting implements have been occurring on a county-by-county basis, often subject to a sunset. When amendments are enacted for individual counties, the law is repeated multiple times, creating significant confusion as to the big game hunting implements allowed in a given county during a given year. Additionally, due to varying implementation and sunset dates for counties in the same geographic grouping in the ECL, it becomes increasingly challenging to decipher the specific rules for those counties. This may lead to unintended consequences in drafting and interpreting these rules and in conveying the correct rules to New York's hunters. This change would provide much needed clarity and simplification to the hunting statute by listing counties individually under specific titles rather than clustering them by geographic area.
Lastly, this proposal will also provide greater flexibility in how funds from the state fish and game trust account can be invested, allowing the fund to grow at a more favorable rate.
Prior legislative history
This is new legislation.
Fiscal implications
None.
Effective date
This act shall take effect immediately and the amendments to paragraph c of subdivision 2 of section 110907 of the ECL made by section two shall not affect the expiration of such paragraph and shall be deemed expired therewith.
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