S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1362
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by M. of A. GUNTHER -- Multi-Sponsored by -- M. of A. RABBITT
         --  read once and referred to the Committee on Environmental Conserva-
         tion
       AN ACT to amend the environmental conservation law,  in  relation  to  a
         junior  small  and  big game hunting license and the use of crossbows;
         and repealing certain provisions of such law relating thereto
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subparagraph 1 of paragraph a of subdivision 2 of section
    2  11-0701 of the environmental conservation law, as added by section 5  of
    3  part F of chapter 82 of the laws of 2002, is amended to read as follows:
    4    (1)  A small and big game license entitles the resident holder to hunt
    5  wildlife subject to the following:
    6    (i) a holder who is eighteen years of age or older may  hunt  wildlife
    7  as provided in title 9 of this article,
    8    (ii)  a holder who is AGE sixteen [years of age or older] OR SEVENTEEN
    9  may hunt wildlife, except big game, as provided in title 9 of this arti-
   10  cle, and
   11    (iii) a holder who is [between the ages of sixteen and  eighteen]  AGE
   12  SIXTEEN  OR  SEVENTEEN may hunt big game [pursuant to the provisions of]
   13  AS PROVIDED IN title 9 of this article [while the holder is  accompanied
   14  by a parent, guardian or person over the age of eighteen as required by]
   15  SUBJECT TO THE PROVISIONS OF section 11-0929 of this article.
   16    A  holder  may take fish with a gun or longbow as provided in titles 9
   17  and 13 of this article.
   18    S 2. Subparagraph 2 of paragraph a of subdivision 2 of section 11-0701
   19  of the environmental conservation law, as amended by chapter 57  of  the
   20  laws of 1993, is amended to read as follows:
   21    (2) A non-resident big game license entitles a person who has not been
   22  a  resident  of the state for more than thirty days to hunt wild deer as
   23  provided in title 9 OF THIS ARTICLE.  It entitles such  person  to  hunt
   24  bear  during  the regular open bear season or in an open season fixed by
   25  regulation pursuant to subdivision eight  of  section  11-0903  of  this
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02363-01-3
       A. 1362                             2
    1  article if such person is also the holder of a non-resident bear tag. It
    2  entitles a person who is [between the ages of] AGE sixteen [and eighteen
    3  years]  OR  SEVENTEEN  to  exercise the privileges of a big game license
    4  subject to the provisions of section 11-0929 OF THIS ARTICLE.
    5    S  3.  Paragraph c of subdivision 2 of section 11-0701 of the environ-
    6  mental conservation law, as amended by chapter 25 of the laws  of  2011,
    7  is amended to read as follows:
    8    c. A junior archery license entitles a resident holder who is [between
    9  the  ages  of  twelve and sixteen years] AGE FOURTEEN OR FIFTEEN to hunt
   10  wild deer and bear with a longbow during the special archery season  and
   11  during the regular season, as provided in title 9 of this article, as if
   12  such  person held a license which authorizes the holder to hunt big game
   13  with a bowhunting stamp affixed, subject to the  provisions  of  section
   14  11-0929  and  subdivision 3 of section 11-0713 of this article. It enti-
   15  tles a non-resident holder who  is  [between  the  ages  of  twelve  and
   16  sixteen years] AGE FOURTEEN OR FIFTEEN to hunt wild deer and bear with a
   17  longbow during the special archery season and during the regular season,
   18  as provided in title 9 of this article, as if such person held a non-re-
   19  sident  bowhunting  license, a non-resident license which authorizes the
   20  holder to hunt  deer  and  a  non-resident  bear  tag,  subject  to  the
   21  provisions  of  section  11-0929 and subdivision 3 of section 11-0713 of
   22  this article.
   23    S 4. Subdivision 12 of section 11-0701 of the environmental  conserva-
   24  tion  law,  as amended by chapter 344 of the laws of 2008, is amended to
   25  read as follows:
   26    12. A. A junior hunting license[:
   27    a.] entitles a holder who is twelve or thirteen years of age  to  hunt
   28  wildlife,  except  big  game,  as  provided  in  title 9 of this article
   29  subject, specifically, to the provisions  of  section  11-0929  of  this
   30  article.  It  entitles  such  holder  to possess firearms as provided in
   31  section 265.05 of the penal law.
   32    b. A JUNIOR HUNTING LICENSE entitles  a  holder  who  is  fourteen  or
   33  fifteen  years of age to hunt wildlife, including wild deer and bear, as
   34  provided in title 9 of  this  article,  subject,  specifically,  to  the
   35  provisions  of  section 11-0929 of this article. It entitles such holder
   36  to possess firearms as provided in section 265.05 of the penal law.
   37    C. A JUNIOR SMALL AND BIG GAME LICENSE ENTITLES THE HOLDER  AGE  FOUR-
   38  TEEN  OR FIFTEEN TO HUNT WILDLIFE, EXCEPT BIG GAME, AS PROVIDED IN TITLE
   39  9 OF THIS ARTICLE AND TO HUNT BIG GAME DURING THE SPECIAL MUZZLE-LOADING
   40  SEASON AND DURING THE REGULAR SEASON, AS PROVIDED IN  TITLE  9  OF  THIS
   41  ARTICLE, AS IF SUCH PERSON HELD A LICENSE WHICH AUTHORIZES THE HOLDER TO
   42  HUNT  BIG  GAME  WITH  A  MUZZLE-LOADING  STAMP  AFFIXED, SUBJECT TO THE
   43  PROVISIONS OF SECTION 11-0929 OF THIS ARTICLE.
   44    S 5. Subdivision 2 of section 11-0703 of the  environmental  conserva-
   45  tion  law,  as amended by chapter 507 of the laws of 2010, is amended to
   46  read as follows:
   47    2. Except as provided in section 11-0704 of this  title,  no  license,
   48  permit,  tag  or  stamp  is transferable. No person shall alter, change,
   49  lend to another or attempt to transfer to another  any  license  or  any
   50  button, permit, tag or stamp issued therewith. No person, while hunting,
   51  shall  possess  a license, button, permit, tag or stamp which was issued
   52  to another person unless actually accompanied by the person to whom such
   53  license, button, permit, tag  or  stamp  was  issued.  No  person  shall
   54  purchase,  possess  or use more than one junior archery, junior hunting,
   55  JUNIOR SMALL AND BIG GAME, small and big  game,  big  game,  bowhunting,
   56  muzzle-loading, sportsman, or resident super-sportsman license or stamp,
       A. 1362                             3
    1  non-resident  bowhunting  or muzzle-loading license, non-resident super-
    2  sportsman license, non-resident bear  tag  or  special  permit  for  the
    3  current  license  year, except as permitted by regulation of the depart-
    4  ment.  Notwithstanding  the  prohibitions contained in this subdivision,
    5  the department may authorize by rule or regulation the transfer of  deer
    6  management  permits, issued pursuant to section 11-0913 of this article,
    7  to any person licensed to hunt deer pursuant to this title.
    8    S 6. Paragraph b of subdivision 4 of section 11-0703 of  the  environ-
    9  mental  conservation law, as amended by chapter 178 of the laws of 2011,
   10  is amended to read as follows:
   11    b. A person under the age of fourteen  years  is  ineligible  for  any
   12  license, other than a junior archery license, which authorizes the hold-
   13  er to hunt big game. A person under the age of sixteen years is ineligi-
   14  ble  for  a  small  and big game, sportsman or resident super-sportsman,
   15  non-resident  super-sportsman,  non-resident  big   game,   non-resident
   16  bowhunting  license,  or  bowhunting stamp. A person is ineligible for a
   17  small game, small and big game, junior hunting,  JUNIOR  SMALL  AND  BIG
   18  GAME,  big game, junior archery, sportsman and resident super-sportsman,
   19  non-resident super-sportsman, or non-resident bowhunting or muzzle-load-
   20  ing license unless such person meets the requirements of  subdivision  3
   21  of section 11-0713 of this title.
   22    S  7.  Subdivision 6 of section 11-0703 of the environmental conserva-
   23  tion law, as amended by chapter 344 of the laws of 2008, is  amended  to
   24  read as follows:
   25    6.  a.  Except  as  provided in section 11-0707 and section 11-0709 of
   26  this title, no person shall (1) hunt wildlife, other than deer or  bear,
   27  or  take  fish  with  a gun, unless such person holds and is entitled to
   28  exercise the privileges of a small game, junior  hunting,  JUNIOR  SMALL
   29  AND  BIG GAME, small and big game, free sportsman, sportsman or resident
   30  super-sportsman,  or  non-resident  super-sportsman  license;  (2)  hunt
   31  antlerless  deer  in a special open season therefor pursuant to subdivi-
   32  sion 6 of section 11-0903 of this article unless such person  holds  and
   33  is  entitled  to exercise the privileges of and has on his or her person
   34  while so hunting a small and big game, JUNIOR SMALL AND  BIG  GAME,  big
   35  game,  junior archery, free sportsman, junior hunting if the licensee is
   36  at least fourteen years old, sportsman, resident  super-sportsman,  non-
   37  resident  super-sportsman  or  non-resident bowhunting or muzzle-loading
   38  license, and a special antlerless deer license; (3) take fish  or  frogs
   39  in  the  manner  described  in  subdivision 4 of section 11-0701 of this
   40  title unless such person is entitled to exercise  the  privileges  of  a
   41  fishing  license;  (4) trap wildlife unless such person holds a trapping
   42  license.
   43    b. Except as provided in section 11-0707 and section 11-0709  of  this
   44  title,  no  resident shall (1) hunt wild deer or bear unless such person
   45  holds and is entitled to exercise the privileges  of  a  small  and  big
   46  game,  JUNIOR  SMALL AND BIG GAME, junior archery, junior hunting if the
   47  licensee is at least fourteen years old, free sportsman,  sportsman,  or
   48  resident  super-sportsman  license,  and  meets the requirements of this
   49  article; (2) hunt wild deer or bear with a longbow in a special  longbow
   50  season  unless  such person holds and is entitled to exercise the privi-
   51  leges of a small and big game, junior archery, free  sportsman,  sports-
   52  man, or resident super-sportsman license with a bowhunting stamp affixed
   53  and  meets  the  requirements  of this article; or (3) hunt wild deer or
   54  bear with a muzzle-loading firearm in a special  muzzle-loading  firearm
   55  season  unless  such  person holds a small and big game, free sportsman,
   56  sportsman, junior hunting if the licensee is  at  least  fourteen  years
       A. 1362                             4
    1  old,  or  resident  super-sportsman  license with a muzzle-loading stamp
    2  affixed, OR JUNIOR SMALL AND BIG GAME LICENSE and meets the requirements
    3  of this article.
    4    c.  Except  as provided in section 11-0707 and section 11-0709 of this
    5  title, no non-resident shall (1) hunt wild deer unless such person holds
    6  and is entitled to exercise the privileges of a big game,  JUNIOR  SMALL
    7  AND BIG GAME, junior archery, junior hunting if the licensee is at least
    8  fourteen   years  old,  non-resident  super-sportsman,  or  non-resident
    9  bowhunting or muzzle-loading license; (2) hunt wild deer with a  longbow
   10  in  a special longbow season unless such person holds and is entitled to
   11  exercise the privileges of a non-resident super-sportsman,  non-resident
   12  bowhunting,  or  junior  archery  license;  (3)  hunt  wild  deer with a
   13  muzzle-loading firearm in a special muzzle-loading firearm season unless
   14  such person holds a JUNIOR  SMALL  AND  BIG  GAME,  non-resident  super-
   15  sportsman  or  non-resident  muzzle-loading  license; (4) hunt wild bear
   16  unless such person holds a junior hunting license if the licensee is  at
   17  least fourteen years old, a junior archery, OR JUNIOR SMALL AND BIG GAME
   18  license,  or a non-resident bear tag in combination with one of the non-
   19  resident deer licenses listed in subparagraph 1, 2 or 3  of  this  para-
   20  graph.
   21    S 8. Subparagraph 3 of paragraph a of subdivision 1 of section 11-0713
   22  of  the  environmental conservation law, as amended by section 3 of part
   23  AA of chapter 60 of the laws of 2011, is amended to read as follows:
   24    (3) license issuing officers as may be appointed by the  commissioner.
   25  Applicants  for  designation  as license issuing officers shall be [over
   26  the age of] eighteen years OF AGE OR OLDER and  shall  meet  such  other
   27  requirements  of  eligibility, including posting bond, as the department
   28  may by regulation specify. Such issuing officers shall  be  entitled  to
   29  receive  and keep the same fees for issuing licenses and stamps that are
   30  specified in section 11-0715 of this title for issuing clerks, and shall
   31  file reports and remit license fees to the appropriate regional environ-
   32  mental conservation officer or the department as required by regulation.
   33    S 9. Subparagraph 3 of paragraph a of subdivision 1 of section 11-0713
   34  of the environmental conservation law, as amended by section 4  of  part
   35  LL of chapter 59 of the laws of 2009, is amended to read as follows:
   36    (3)  license issuing officers as may be appointed by the commissioner.
   37  Applicants for designation as license issuing officers  shall  be  [over
   38  the  age  of]  eighteen  years OF AGE OR OLDER and shall meet such other
   39  requirements of eligibility, including posting bond, as  the  department
   40  may  by  regulation  specify. Such issuing officers shall be entitled to
   41  receive and keep the same fees for issuing licenses and stamps that  are
   42  specified  in  section  11-0715  of  this  title  for issuing clerks and
   43  section 13-0355 of this  chapter,  and  shall  file  reports  and  remit
   44  license  fees  to  the  appropriate  regional environmental conservation
   45  officer or the department as required by regulation.
   46    S 10. Subdivision 2 of section 11-0713 of the environmental  conserva-
   47  tion  law,  as  amended by chapter 25 of the laws of 2011, is amended to
   48  read as follows:
   49    2. The issuing officer shall not issue a  junior  archery  license  OR
   50  JUNIOR  SMALL  AND  BIG GAME to a person [between the ages of twelve and
   51  sixteen] AGE FOURTEEN OR FIFTEEN or a junior hunting license to a person
   52  [between the ages of  twelve  and  sixteen  years]  AGE  TWELVE  THROUGH
   53  FIFTEEN  unless  at the time of issuance applicant is accompanied by his
   54  or her parent or legal guardian who shall consent to the issuance of the
   55  license and shall so signify by signing his or her name  in  ink  across
   56  the  face  of  it.  At  no time shall such licenses be issued by mail to
       A. 1362                             5
    1  persons [between the ages of  twelve  and  sixteen  years]  AGES  TWELVE
    2  THROUGH FIFTEEN.
    3    S  11. Paragraph c of subdivision 3 of section 11-0715 of the environ-
    4  mental conservation law, as amended by section 4 of part KK  of  chapter
    5  59 of the laws of 2009, is amended to read as follows:
    6    c. In all cases:
    7          (1) Certificates in lieu of lost license or stamp
    8              or tag                                          $ 5.00
    9          (2) Duplicate for lost or destroyed permit, button
   10              or tag                                          $10.00
   11          (3) Junior hunting license                          $ 5.00
   12          (4) JUNIOR SMALL AND BIG GAME LICENSE               $ 9.00
   13          (5) Junior archery license                          $ 9.00
   14          [(5)] (6) One-day fishing license                   $15.00
   15          [(6)] (7) Conservation patron license               $12.00
   16    S  12. Subdivision 3 of section 11-0719 of the environmental conserva-
   17  tion law, as amended by chapter 25 of the laws of 2011,  is  amended  to
   18  read as follows:
   19    3. A junior hunting license issued to a person who is [at least twelve
   20  and  less  than  sixteen  years  of age] AGE TWELVE THROUGH FIFTEEN or a
   21  junior archery OR JUNIOR SMALL AND BIG GAME license issued to  a  person
   22  who  is  [between  the ages of twelve and sixteen years] AGE FOURTEEN OR
   23  FIFTEEN may be revoked by the department upon proof satisfactory to  the
   24  department that such person, while under the age of sixteen, has engaged
   25  in  hunting  wildlife with a gun or longbow, in circumstances in which a
   26  license is required, while not accompanied by his or her parent, guardi-
   27  an or other adult as provided in section 11-0929  of  this  article.  If
   28  such license or privilege is revoked the department shall fix the period
   29  of such revocation, which is not to exceed six years. The department may
   30  require  that  such  person successfully complete a department sponsored
   31  course and obtain a certificate of qualification in responsible  hunting
   32  or  responsible bowhunting practices before being issued another hunting
   33  or bowhunting license.
   34    S 13. Paragraph a of subdivision 8 of section 11-0907 of the  environ-
   35  mental  conservation law, as amended by chapter 483 of the laws of 2010,
   36  is amended to read as follows:
   37    a. In every area identified in column one of the table  set  forth  in
   38  subdivision  2 of this section, except those areas restricted to special
   39  seasons for taking deer by longbow only, special  open  seasons  may  be
   40  established  by  regulation  for  taking deer and/or bear, by the use of
   41  muzzle-loading firearms, of not less than .44 caliber shooting a  single
   42  projectile,  or  by the use of a crossbow, by the holders of a small and
   43  big game, sportsman or free sportsman license to which a  valid  muzzle-
   44  loading  stamp  is affixed or to holders of a JUNIOR SMALL AND BIG GAME,
   45  resident or non-resident super-sportsman, or non-resident muzzle-loading
   46  license.
   47    S 14.  Paragraph a of subdivision 8 of section 11-0907 of the environ-
   48  mental conservation law, as amended by section 45 of part F  of  chapter
   49  82 of the laws of 2002, is amended to read as follows:
   50    a.  In  every  area identified in column one of the table set forth in
   51  subdivision 2 of this section, except those areas restricted to  special
   52  seasons  for  taking  deer  by longbow only, special open seasons may be
   53  established by regulation for taking deer and/or bear,  by  the  use  of
   54  muzzle-loading  firearms, of not less than .44 caliber shooting a single
   55  projectile, by the holders of a small and big game,  sportsman  or  free
   56  sportsman license to which a valid muzzle-loading stamp is affixed or to
       A. 1362                             6
    1  holders  of a JUNIOR SMALL AND BIG GAME, resident or non-resident super-
    2  sportsman, or non-resident muzzle-loading license.
    3    S  15. Subdivision 7 of section 11-0913 of the environmental conserva-
    4  tion law, as amended by section 6 of part KK of chapter 59 of  the  laws
    5  of 2009, is amended to read as follows:
    6    7.  The  department  shall charge and receive a fee of ten dollars for
    7  the application and the processing of such permit or permits. Applicants
    8  who are successful in  the  computerized  selection  shall  receive  the
    9  permit  or  permits  free  of any additional charge. The application fee
   10  shall be non-refundable. The department may waive  the  application  fee
   11  for  holders  of  a  lifetime  sportsman  license existing as of October
   12  first, two thousand nine, junior archery license, JUNIOR SMALL  AND  BIG
   13  GAME  LICENSE,  resident  super-sportsman  license,  or  junior  hunting
   14  license.
   15    S 16. Section  11-0929  of  the  environmental  conservation  law,  as
   16  amended  by  chapter  344 of the laws of 2008, subdivision 5 as added by
   17  chapter 25 of the laws of 2011, is amended to read as follows:
   18  S 11-0929. Hunting by minors.
   19    1. A licensee [who is] AGE twelve or thirteen [years of age] shall not
   20  [hunt wildlife with a gun or a longbow] EXERCISE  THE  PRIVILEGES  OF  A
   21  JUNIOR  SMALL GAME LICENSE unless he or she is accompanied by his or her
   22  parent or legal guardian, or by a person  twenty-one  years  of  age  or
   23  older  designated in writing by his or her parent or legal guardian on a
   24  form prescribed by the department, who holds a license which  authorizes
   25  the holder to hunt wildlife.
   26    2. A licensee who is AGE fourteen or fifteen [years of age] shall not:
   27    a.  [hunt wildlife with a gun or longbow] EXERCISE THE PRIVILEGES OF A
   28  JUNIOR SMALL GAME LICENSE, other than wild deer or bear as  provided  in
   29  paragraph  b of this subdivision, unless he or she is accompanied by his
   30  or her parent or legal guardian holding a license which  authorizes  the
   31  holder  to hunt wildlife, or by a person eighteen years of age or older,
   32  designated in writing by his or her parent or  legal  guardian,  holding
   33  such license;
   34    b. hunt wild deer or bear with a gun unless:
   35    (1) he or she is accompanied by his or her parent or a legal guardian,
   36  or  a youth mentor who is twenty-one years of age or older designated in
   37  writing by the parent or legal  guardian  of  the  licensee  on  a  form
   38  prescribed by the department; and
   39    (2) such parent, guardian or youth mentor has had at least three years
   40  of experience in hunting big game; and
   41    (3)  such  parent,  guardian  or  youth  mentor  holds a license which
   42  authorizes the holder to hunt big game; and
   43    (4) such parent, guardian or youth mentor maintains  physical  control
   44  over the minor he or she is accompanying at all times while hunting; and
   45    (5)  such  parent, guardian or youth mentor and the minor he or she is
   46  accompanying remain at ground level at all times while hunting; and
   47    (6) such parent, guardian or youth mentor and the minor he or  she  is
   48  accompanying  shall  each  display either a minimum total of two hundred
   49  fifty square inches of solid fluorescent orange or patterned fluorescent
   50  orange consisting of no less than fifty percent fluorescent orange mate-
   51  rial worn above the waist and visible from all directions, or a  hat  or
   52  cap  with no less than fifty percent of the exterior consisting of solid
   53  fluorescent  orange  material  and  visible  from  all  directions.  For
   54  purposes of this paragraph, "physical control" shall mean that the phys-
   55  ical  proximity  of the minor to the parent, guardian or youth mentor is
   56  such that the parent, guardian or youth mentor  is  reasonably  able  to
       A. 1362                             7
    1  issue  verbal  directions  and  instructions,  maintain  constant visual
    2  contact, and otherwise provide guidance and supervision to the minor.
    3    3. A licensee [who is] AGE sixteen or seventeen [years of age and] who
    4  has not previously had a license which authorizes the holder to hunt big
    5  game  issued  to  him or her and engaged in hunting pursuant to it shall
    6  not hunt deer or bear unless he or she is  accompanied  by  his  or  her
    7  parent or legal guardian, or by a person designated in writing by his or
    8  her  parent or legal guardian on a form prescribed by the department and
    9  who is eighteen years of age or older and  who  has  had  at  least  one
   10  year's experience in hunting deer or bear, and such accompanying parent,
   11  guardian  or  person holds a license which authorizes the holder to hunt
   12  big game.
   13    4. A junior archery licensee, [who is] AGE fourteen or fifteen  [years
   14  of  age], shall not hunt deer or bear unless he or she is accompanied by
   15  his or her parent or legal guardian, or by a person designated in  writ-
   16  ing  by  his or her parent or legal guardian on a form prescribed by the
   17  department who is eighteen years of age or older  and  who  has  had  at
   18  least one year's experience in hunting deer or bear by longbow, and such
   19  accompanying parent, guardian or person holds a license which authorizes
   20  the  holder  to  hunt  big  game during a special archery season and the
   21  regular open season.
   22    5. A junior archery licensee, who is twelve or thirteen years of  age,
   23  shall not hunt deer or bear unless:
   24    (a)  he  or she is accompanied by his or her parent or legal guardian,
   25  or by a person designated in writing by his or her parent or legal guar-
   26  dian on a form prescribed by the department who is twenty-one  years  of
   27  age or older and
   28    (b)  such  parent,  guardian  or  person has had at least three year's
   29  experience in hunting deer or bear by longbow and
   30    (c) such parent, guardian or person holds a  license  that  authorizes
   31  the holder to hunt big game and
   32    (d)  such  parent,  guardian or person maintains physical control over
   33  the minor he or she is accompanying at all times while hunting. For  the
   34  purposes  of this paragraph "physical control" shall mean that the phys-
   35  ical proximity of the minor to the parent, guardian or  person  is  such
   36  that  the  parent, guardian or person is reasonably able to issue verbal
   37  directions and  instructions,  maintain  constant  visual  contact,  and
   38  otherwise provide guidance and supervision to the minor.
   39    6.  A  JUNIOR  SMALL  AND  BIG GAME LICENSEE, AGE FOURTEEN OR FIFTEEN,
   40  SHALL NOT HUNT DEER OR BEAR UNLESS HE OR SHE IS ACCOMPANIED  BY  HIS  OR
   41  HER  PARENT  OR  LEGAL GUARDIAN, OR BY A PERSON EIGHTEEN YEARS OF AGE OR
   42  OLDER WHO HAS HAD AT LEAST ONE YEAR'S  EXPERIENCE  IN  HUNTING  DEER  OR
   43  BEAR,  AND  SUCH ACCOMPANYING PARENT, GUARDIAN OR PERSON HOLDS A LICENSE
   44  WHICH  AUTHORIZES  THE  HOLDER  TO  HUNT  BIG  GAME  DURING  A   SPECIAL
   45  MUZZLE-LOADING SEASON AND THE REGULAR OPEN SEASON.
   46    S  17. Paragraph g of subdivision 3 of section 11-0901 of the environ-
   47  mental conservation law, as amended by chapter 34 of the laws  of  1979,
   48  is amended to read as follows:
   49    g.  [Wildlife]  EXCEPT  AS  PROVIDED IN SUBDIVISIONS 15 AND 16 OF THIS
   50  SECTION, WILDLIFE shall not be taken by the use of  a  cross-bow,  by  a
   51  long  bow  drawn,  pulled,  released, or held in a drawn position by any
   52  mechanical device attached to a  portion  of  the  bow  other  than  the
   53  bowstring, or by the use of a device commonly called a spear gun.
   54    S  18.  Subdivision 15 of section 11-0901 of the environmental conser-
   55  vation law, as amended by chapter 483 of the laws of 2010, is amended to
   56  read as follows:
       A. 1362                             8
    1    15. Notwithstanding any inconsistent provision of  this  section,  the
    2  department  may  adopt  regulations  to  allow the taking of big game or
    3  small game by the use of a long bow equipped with  a  mechanical  device
    4  for  holding and releasing the bowstring, attached to the handle section
    5  of  an  otherwise  legal  long bow, OR BY THE USE OF A CROSS-BOW, to any
    6  person with a physical disability who is physically incapable of drawing
    7  and holding a long bow because of a physical disability, subject to such
    8  restrictions as the department may adopt by regulation. For the  purpose
    9  of  this subdivision, a person with a physical disability shall mean any
   10  person who submits to the department a statement  of  a  physician  duly
   11  licensed  to  practice medicine that such person is physically incapable
   12  of arm movement sufficient to draw, hold  and  release  a  long  bow  as
   13  defined  in  subdivision  4  of  this section or as otherwise defined in
   14  department regulation. The department is authorized to adopt regulations
   15  requiring documentation to establish that an applicant  is  eligible  to
   16  use a mechanical device pursuant to this subdivision.
   17    S 19. Subdivision 15 of section 11-0901 of the environmental conserva-
   18  tion  law,  as  amended by chapter 81 of the laws of 1988, is amended to
   19  read as follows:
   20    15. Notwithstanding any inconsistent provision of  this  section,  the
   21  department  may  [issue a permit to take] ADOPT REGULATIONS TO ALLOW THE
   22  TAKING OF big game or small game by the use of a  bow  equipped  with  a
   23  mechanical  device  for holding and releasing the bowstring, attached to
   24  the handle section of an otherwise legal bow, OR BY THE USE OF A  CROSS-
   25  BOW, to any person WITH A PHYSICAL DISABILITY who is [permanently] phys-
   26  ically  incapable  of  drawing  and  holding a bow because of a physical
   27  [handicap or] disability, subject to such restrictions as the department
   28  may [deem necessary in the interest of public  safety]  ADOPT  BY  REGU-
   29  LATION.    FOR  THE PURPOSE OF THIS SUBDIVISION, "PERSON WITH A PHYSICAL
   30  DISABILITY" SHALL MEAN ANY PERSON WHO SUBMITS TO THE DEPARTMENT A STATE-
   31  MENT OF A PHYSICIAN DULY LICENSED TO PRACTICE MEDICINE THAT SUCH  PERSON
   32  IS  PHYSICALLY  INCAPABLE OF ARM MOVEMENT SUFFICIENT TO RELEASE A BOW AS
   33  DEFINED IN SUBDIVISION 4 OF THIS SECTION  OR  AS  OTHERWISE  DEFINED  IN
   34  DEPARTMENT REGULATION.
   35    S 20. Subdivision 16 of section 11-0901 of the environmental conserva-
   36  tion  law  is  REPEALED  and  a  new  subdivision 16 is added to read as
   37  follows:
   38    16. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF  THIS  ARTICLE,  THE
   39  DEPARTMENT MAY, BY REGULATION, AUTHORIZE THE USE OF CROSSBOWS.
   40    S  21.  This  act shall take effect October 1, 2013; provided that the
   41  amendments to subparagraph 3 of paragraph a of subdivision 1 of  section
   42  11-0713  of  the environmental conservation law made by section eight of
   43  this act shall be subject to the expiration and reversion of such subdi-
   44  vision pursuant to section 3 of part AA of chapter 60  of  the  laws  of
   45  2011,  as amended, when upon such date the provisions of section nine of
   46  this act shall take effect; and provided further that the amendments  to
   47  paragraph  a  of  subdivision 8 of section 11-0907 and subdivision 15 of
   48  section 11-0901 of the environmental conservation law made  by  sections
   49  thirteen  and eighteen of this act shall be subject to the expiration of
   50  such provisions pursuant to section 17 of chapter 483  of  the  laws  of
   51  2010,  as  amended, when upon such date the provisions of sections four-
   52  teen and nineteen of this act shall take effect;  and  provided  further
   53  that  any  regulations  necessary  for  the timely implementation of the
   54  provisions of this act on its effective date may be  promulgated  on  or
   55  before such date.