S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8968
                                 I N  A S S E M B L Y
                                     March 4, 2014
                                      ___________
       Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
         tee on Environmental Conservation
       AN  ACT  to  amend  the  environmental  conservation law, in relation to
         authorizing crossbow hunting in the county of Wyoming
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  25  of  section 11-0103 of the environmental
    2  conservation law, as amended by chapter 595 of  the  laws  of  1984,  is
    3  amended to read as follows:
    4    25. "Hunting accident" means the injury to or death of a person caused
    5  by  the discharge of a firearm or longbow OR IN THE COUNTY OF WYOMING, A
    6  CROSSBOW, while the person causing such injury or death, or  the  person
    7  injured  or  killed,  is  taking or attempting to take game, wildlife or
    8  fish.
    9    S 2. Section 11-0713 of the environmental conservation law is  amended
   10  by adding a new subdivision 6 to read as follows:
   11    6. THE DEPARTMENT SHALL ADOPT REGULATIONS FOR TRAINING IN THE SAFE USE
   12  OF  HUNTING  WITH  A  CROSSBOW  AND RESPONSIBLE HUNTING PRACTICES IN THE
   13  COUNTY OF WYOMING. SUCH TRAINING SHALL BE INCLUDED IN THE  BASIC  HUNTER
   14  EDUCATION  COURSE  REQUIRED  OF  ALL NEW HUNTERS. UPON COMPLETION OF THE
   15  TRAINING BY AN INDIVIDUAL THE DEPARTMENT SHALL PROVIDE DOCUMENTATION  OF
   16  THE  SUCCESSFUL COMPLETION OF THE COURSE. ALL PERSONS WHO HAVE COMPLETED
   17  HUNTER EDUCATION PRIOR TO THE DATE  WHICH  CROSSBOW  TRAINING  HAS  BEEN
   18  INCORPORATED  INTO THE HUNTER EDUCATION PROGRAM SHALL COMPLETE AN ONLINE
   19  OR OTHER TRAINING PROGRAM APPROVED BY THE DEPARTMENT PRIOR  TO  USING  A
   20  CROSSBOW  TO  HUNT  BIG GAME.   THE DEPARTMENT MAY ADOPT RULES AND REGU-
   21  LATIONS AS NECESSARY TO DOCUMENT COMPLETION  OF  THIS  PROGRAM  AND  MAY
   22  REQUIRE  A PERSON TO POSSESS SUCH PROOF WHILE HUNTING WITH A CROSSBOW IN
   23  THE COUNTY OF WYOMING.
   24    S 3. Paragraph a of subdivision 1 of section 11-0719 of  the  environ-
   25  mental  conservation  law, as amended by section 26 of part R of chapter
   26  58 of the laws of 2013, is amended to read as follows:
   27    a. In the circumstances described in paragraph b of  this  subdivision
   28  the  department may revoke any license, bowhunting privilege, or muzzle-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14011-01-4
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    1  loading privilege, of any person, to hunt,  fish  or  trap,  defined  in
    2  section  11-0701  of  this  title or issued pursuant to any provision of
    3  [the Fish and Wildlife Law] THIS ARTICLE, or it may revoke all  of  such
    4  licenses,  bowhunting  privileges,  or muzzle-loading privileges. It may
    5  also deny such person, for a period not exceeding five years, the privi-
    6  lege of obtaining such license or  licenses,  bowhunting  privilege,  or
    7  muzzle-loading  privilege,  or of hunting, trapping or fishing, anywhere
    8  in the state with or without license, bowhunting privilege,  or  muzzle-
    9  loading  privilege,  except  as  provided  in  subdivision  1 of section
   10  11-0707 of this title or in section 11-0523 of this article. It may also
   11  require that such person successfully  complete  a  department-sponsored
   12  course and obtain a certificate of qualification in responsible hunting,
   13  [responsible]  OR bowhunting OR IN THE COUNTY OF WYOMING, CROSSBOW HUNT-
   14  ING or [responsible] trapping  practices  before  being  issued  another
   15  license.
   16    S 4. Subparagraph 4 of paragraph b of subdivision 1 of section 11-0719
   17  of  the environmental conservation law, as amended by chapter 436 of the
   18  laws of 2000, is amended to read as follows:
   19    (4) is convicted of an offense involving a violation  of  subdivisions
   20  one  and  two  of  section 11-0901 of this article relating to taking of
   21  wildlife when the person taking is in or on a motor vehicle  while  such
   22  motor vehicle is on a public highway or an offense involving a violation
   23  of  subdivision  one of section 11-0901 of this article and subparagraph
   24  one of paragraph a of subdivision four of section 11-0931 of this  arti-
   25  cle  relating  to  taking  wildlife when the person taking is in or on a
   26  motor vehicle and discharging a firearm or longbow OR, IN THE COUNTY  OF
   27  WYOMING,  A  CROSSBOW in such a way that the load or arrow passes over a
   28  public highway or a part thereof or signs an acknowledgment of any  such
   29  violation  for the purpose of affecting a settlement by civil compromise
   30  or by stipulation.
   31    S 5. Subdivision 2 of section 11-0719 of the  environmental  conserva-
   32  tion  law,  as amended by section 27 of part R of chapter 58 of the laws
   33  of 2013, is amended to read as follows:
   34    2. a. The department may revoke the licenses, tags, bowhunting  privi-
   35  leges,  or muzzle-loading privileges, which authorize the holder to hunt
   36  and/or trap wildlife, and may  deny  the  privilege  of  obtaining  such
   37  licenses, tags, bowhunting privileges, or muzzle-loading privileges, and
   38  may  deny  the  privileges  of hunting and/or trapping with or without a
   39  license.
   40    (1) of any person who, while engaged in hunting or trapping,
   41    (i) causes death or injury to another  by  discharging  a  firearm  or
   42  longbow, OR, IN THE COUNTY OF WYOMING, A CROSSBOW, or
   43    (ii)  so  negligently discharges a firearm, CROSSBOW, or longbow as to
   44  endanger the life or safety of another, or
   45    (iii) so negligently and wantonly discharges a firearm or longbow  OR,
   46  IN  THE COUNTY OF WYOMING, A CROSSBOW, as to destroy or damage public or
   47  private property; or
   48    (2) of any agent of the department authorized to issue certificates of
   49  qualification in responsible hunting, bowhunting, or trapping  practices
   50  OR,  IN THE COUNTY OF WYOMING, CROSSBOW HUNTING PRACTICES who improperly
   51  issues any such certification to a person whom he has  not  trained,  or
   52  whom  he  knows has not satisfactorily completed all of the requirements
   53  necessary for such certification.
   54    b. Action by the  department  resulting  in  the  revocation  of  such
   55  license  or denial of the privilege to hunt and trap as provided in this
   56  subdivision shall be only after a hearing held by  the  department  upon
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    1  notice to the offender, at which proof of facts indicating the violation
    2  is established to the satisfaction of the commissioner or of the hearing
    3  officer designated by him and concurred in by the commissioner. Provided
    4  that where a person, while hunting, causes death or injury to any person
    5  by  discharge  of  a firearm or longbow, OR, IN THE COUNTY OF WYOMING, A
    6  CROSSBOW, the commissioner may, in his discretion, suspend such person's
    7  license or licenses to hunt and suspend  such  person's  right  to  hunt
    8  without  a license for a period of up to sixty days pending a hearing as
    9  provided for in this subdivision.
   10    c. In case such discharge of a firearm or longbow OR, IN THE COUNTY OF
   11  WYOMING, A CROSSBOW, causes death or injury to another, the  license  or
   12  licenses,  bowhunting  privilege,  and muzzle-loading privilege shall be
   13  revoked and the ability to obtain any such license and of hunting or  of
   14  trapping  anywhere  in the state with or without a license denied, for a
   15  period not exceeding ten years, except that no revocation shall be  made
   16  in  cases  in  which  facts  established  at the hearing indicate to the
   17  satisfaction of the commissioner that there was  no  negligence  on  the
   18  part  of  the  shooter  or  bowman.  In  all  other cases the license or
   19  licenses, bowhunting privilege, or muzzle-loading  privilege,  shall  be
   20  revoked  and  the privilege of obtaining such license, bowhunting privi-
   21  lege, or  muzzle-loading  privilege,  and  of  hunting  or  of  trapping
   22  anywhere  in the state with or without a license denied for a period not
   23  exceeding five years. The department may also require  that  the  person
   24  causing  such  death  or injury successfully complete a department-spon-
   25  sored course and obtain a certificate of  qualification  in  responsible
   26  hunting  or  bowhunting  practices  before  being issued another hunting
   27  license.
   28    d. Every person injuring himself, herself or another person in a hunt-
   29  ing accident, as such term is  defined  in  subdivision  25  of  section
   30  11-0103  of  this article, and the investigating law enforcement officer
   31  summoned to or arriving at the scene of such accident shall  within  ten
   32  days  from the occurrence of such accident file a report of the accident
   33  in writing with the department. Every such  person  or  law  enforcement
   34  officer  shall  make such other and additional reports as the department
   35  shall require.  Failure to report such accident as  herein  provided  by
   36  the person causing injury or to furnish relevant information required by
   37  the  department  shall  be  a violation and shall constitute grounds for
   38  suspension or revocation of such person's hunting licenses and  bowhunt-
   39  ing  and  muzzle-loading  privileges and denial of the ability to obtain
   40  any such license and of hunting with or without a  license  following  a
   41  hearing  or  opportunity  to  be  heard. In addition, the department may
   42  temporarily suspend the license of the person failing to report a  hunt-
   43  ing  accident  within the period prescribed herein until such report has
   44  been filed. In the case of a non-resident,  the  failure  to  report  an
   45  accident  as  herein provided shall constitute grounds for suspension or
   46  revocation of his or her privileges of hunting within  this  state.  The
   47  report required by this section shall be made in such form and number as
   48  the department may prescribe.
   49    S  6.  Paragraphs  b  and c of subdivision 4 of section 11-0901 of the
   50  environmental conservation law, as amended by chapter 600 of the laws of
   51  1993, subparagraph 5 of paragraph b and subparagraph 5 of paragraph c as
   52  amended by chapter 430 of the laws of  2000,  are  amended  to  read  as
   53  follows:
   54    b. No person shall hunt deer:
   55    (1) with the aid of a dog, or aircraft of any kind; or
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    1    (2) with the aid of a jacklight, spotlight, headlight or other type of
    2  artificial light; or
    3    (3) with a pistol, revolver or rifle using rim-fire ammunition; or
    4    (4)  with  a  shotgun  of less than twenty gauge or loaded with shells
    5  other than shells each carrying a single round ball or  a  single  slug,
    6  provided  however, the use of a shotgun of twenty gauge or larger having
    7  a rifled barrel or a smooth bore barrel  fitted  with  a  rifled  choke,
    8  loaded  with  shells each carrying a single round ball or a single slug,
    9  shall not be prohibited so long as only  shells  having  a  non-metallic
   10  case, except for the base, are used; or
   11    (5)  with [a bow other than] a long bow with a draw weight [in excess]
   12  of LESS THAN thirty-five pounds; or
   13    (6) with an arrow OR BOLT with an arrowhead that  measures  less  than
   14  seven-eighths  of an inch at its widest point or that has fewer than two
   15  sharp cutting edges; or
   16    (7) with the aid of a pre-established bait pile other than those areas
   17  established by standard agricultural production practices; or
   18    (8) with an arrow OR BOLT with a barbed broadhead arrowhead.
   19    c. No person shall hunt bear:
   20    (1) with the aid of a dog, or aircraft of any kind; or
   21    (2) with the aid of a jacklight, spotlight, headlight or other type of
   22  artificial light; or
   23    (3) with a pistol, revolver or rifle using rim-fire ammunition; or
   24    (4) with a shotgun of less than twenty gauge  or  loaded  with  shells
   25  other  than  shells  each carrying a single round ball or a single slug,
   26  provided however, the use of a shotgun of twenty gauge or larger  having
   27  a  rifled  barrel  or  a  smooth bore barrel fitted with a rifled choke,
   28  loaded with shells each carrying a single round ball or a  single  slug,
   29  shall  not  be  prohibited  so long as only shells having a non-metallic
   30  case, except for the base, are used; or
   31    (5) with [a bow other than] a long bow with a draw weight [in  excess]
   32  of LESS THAN thirty-five pounds; or
   33    (6)  with  an  arrow OR BOLT with an arrowhead that measures less than
   34  seven-eighths of an inch at its widest point or that has fewer than  two
   35  sharp cutting edges; or
   36    (7) with the aid of a pre-established bait pile other than those areas
   37  established by standard agricultural production practices; or
   38    (8) with an arrow OR BOLT with a barbed broadhead arrowhead.
   39    S  7.  Paragraph d of subdivision 4 of section 11-0901 of the environ-
   40  mental conservation law, as amended by chapter 600 of the laws of  1993,
   41  is amended to read as follows:
   42    d.  The  use upon land inhabited by deer or bear of a jacklight, spot-
   43  light or other type of artificial light by  any  person  who  is  or  is
   44  accompanied  by  a person who is in possession, at the time of such use,
   45  of a long bow, a crossbow or firearm of any kind, shall  be  presumptive
   46  evidence  that  such person is hunting deer or bear with the aid of such
   47  light, in violation of this subdivision, unless:
   48    (1) such long bow is unstrung, or such a firearm OR, IN  THE  CASE  OF
   49  THE  COUNTY OF WYOMING CROSSBOW is taken down, or securely fastened in a
   50  case, or locked in the trunk of a vehicle, or
   51    (2) the firearm is a pistol or revolver, or
   52    (3) the firearm is not in or  on  a  motor  vehicle  and  is  a  rifle
   53  designed  or  adapted  for  use  of  rim-fire ammunition and neither the
   54  person in possession of the gun, nor any member of his party, has in his
   55  possession any twenty-two caliber ammunition other than twenty-two cali-
   56  ber rim-fire ammunition, or
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    1    (4) the firearm is not in or on a motor vehicle and is a  shotgun  and
    2  neither  the  person  in  possession  of  the gun, nor any member of his
    3  party, has in his possession ammunition other than  shells  loaded  with
    4  scatter shot of size number four or smaller.
    5    S  8. Section 11-0901 of the environmental conservation law is amended
    6  by adding a new subdivision 17 to read as follows:
    7    17. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF  THIS  ARTICLE,  THE
    8  DEPARTMENT  MAY,  BY REGULATION, AUTHORIZE THE TAKING OF WILDLIFE IN THE
    9  COUNTY OF WYOMING BY THE USE OF A CROSSBOW BY ANY LICENSED PERSON IN ANY
   10  HUNTING SEASON.   A SUMMARY OF  REGULATIONS  ADOPTED  PURSUANT  TO  THIS
   11  SUBDIVISION  SHALL  BE  PUBLISHED  EACH  YEAR IN THE HUNTING AND FISHING
   12  SYLLABUS OF THE DEPARTMENT ISSUED PURSUANT TO SECTION  11-0323  OF  THIS
   13  ARTICLE.
   14    S  9.  Subdivision 2 of section 11-0931 of the environmental conserva-
   15  tion law, as amended by section 7 of part H of chapter 58 of the laws of
   16  2012, is amended to read as follows:
   17    2. No firearm OR CROSSBOW except a pistol or revolver shall be carried
   18  or possessed in or on a motor vehicle  unless  it  is  unloaded,  FOR  A
   19  FIREARM  in  both  the  chamber  and  the magazine, except that a loaded
   20  firearm which may be legally used for taking migratory game birds may be
   21  carried or possessed in a motorboat while being legally used in  hunting
   22  migratory  game birds, and no person except a law enforcement officer in
   23  the performance of his official duties shall, while in  or  on  a  motor
   24  vehicle, use a jacklight, spotlight or other artificial light upon lands
   25  inhabited  by  deer if he is in possession or is accompanied by a person
   26  who is in possession, at the time of such use, of a longbow, crossbow or
   27  a firearm of any kind except a pistol or revolver, unless  such  longbow
   28  is  unstrung  or  such  firearm  OR  CROSSBOW  is taken down or securely
   29  fastened in a case or locked in the trunk of the vehicle.  For  purposes
   30  of  this  subdivision,  motor  vehicle shall mean every vehicle or other
   31  device operated by any power other than muscle power,  and  which  shall
   32  include  but  not  be limited to automobiles, trucks, motorcycles, trac-
   33  tors, trailers and motorboats, snowmobiles  and  snowtravelers,  whether
   34  operated  on  or  off public highways. Notwithstanding the provisions of
   35  this subdivision, the department may issue a permit to any person who is
   36  non-ambulatory, except with the use of a mechanized aid,  to  possess  a
   37  loaded  firearm  in  or  on  a motor vehicle as defined in this section,
   38  subject to such restrictions as the department may deem necessary in the
   39  interest  of  public  safety.  Nothing  in  this  section  permits   the
   40  possession of a pistol or a revolver contrary to the penal law.
   41    S  10. Subdivision 4 of section 11-0931 of the environmental conserva-
   42  tion law, subparagraph 3 of paragraph a as added by chapter 400  of  the
   43  laws of 1973 and subparagraph 4 of paragraph a as added by chapter 67 of
   44  the laws of 1976, is amended to read as follows:
   45    4. a. No person shall:
   46    (1)  discharge  a  firearm or long bow, OR IN THE COUNTY OF WYOMING, A
   47  CROSSBOW in such a way as will result in the load, BOLT or arrow thereof
   48  passing over a public highway or any part thereof;
   49    (2) discharge a firearm or long bow, OR IN THE COUNTY  OF  WYOMING,  A
   50  CROSSBOW  within  five hundred feet from a dwelling house, farm building
   51  or farm structure actually occupied or  used,  school  building,  school
   52  playground, or occupied factory or church;
   53    (3)  use  a  firearm  or  a long bow for the hunting of migratory game
   54  birds in Larchmont Harbor, specifically those portions  bounded  by  the
   55  following points of land:
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    1    BEGINNING  AT  A  POINT  KNOWN  AS UMBRELLA POINT ON THE EAST SHORE OF
    2  LARCHMONT HARBOR THEN PROCEEDING  IN  A  NORTHERLY  DIRECTION  TO  CEDAR
    3  ISLAND;  THENCE  NORTHWESTERLY  TO MONROE INLET; THENCE NORTHEASTERLY TO
    4  DELANCY COVE BEING IN THE TOWN OF MAMARONECK; THENCE IN A  SOUTHWESTERLY
    5  DIRECTION  FROM  DELANCY  COVE TO GREACEN POINT; THENCE RUNNING THE AREA
    6  BETWEEN DELANCY COVE AND THE WEST SHORE OF SATANS TOE NORTHEAST;  THENCE
    7  SOUTHEAST  THEN  ALONG  THE  WEST SHORE OF SATANS TOE SOUTHWEST AND THEN
    8  SOUTH TO THE SOUTHERLY POINT OF SATANS TOE TO EDGEWATER POINT.
    9    (4) Use of a firearm or a long bow for the hunting of  migratory  game
   10  birds  in  Udall's  Cove, specifically those portions of Little Neck Bay
   11  within Nassau and Queens counties lying east of  a  line  running  north
   12  from the foot of Douglaston Parkway to the shore opposite.
   13    b.  The  prohibitions contained in subparagraph 2 of paragraph a above
   14  shall not apply to:
   15    (1) The owner or lessee of the dwelling house, or members of his imme-
   16  diate family actually residing therein, or a person in  his  employ,  or
   17  the  guest  of the owner or lessee of the dwelling house acting with the
   18  consent of said owner or lessee, provided however, that  nothing  herein
   19  shall  be  deemed  to  authorize  such persons to discharge a firearm or
   20  longbow, OR IN THE COUNTY OF WYOMING, A  CROSSBOW  within  five  hundred
   21  feet  of  any other dwelling house, or a farm building or farm structure
   22  actually occupied or used, or a school building or playground  or  occu-
   23  pied factory or church;
   24    (2)  Programs  conducted  by  public  schools offering instruction and
   25  training in the use of firearms or long bow, OR IN THE COUNTY  OF  WYOM-
   26  ING, A CROSSBOW;
   27    (3)  The  authorized  use of a pistol, rifle or target range regularly
   28  operated and maintained by a police department or other law  enforcement
   29  agency or by any duly organized membership corporation;
   30    (4) The discharge of a shotgun over water by a person hunting migrato-
   31  ry  game  birds  if  no dwelling house or public structure, livestock or
   32  person is situated in the line of discharge less than five hundred  feet
   33  from the point of discharge.
   34    S  11. Paragraph c of subdivision 5 of section 11-0931 of the environ-
   35  mental conservation law, as amended by chapter 309 of the laws of  2006,
   36  is amended to read as follows:
   37    c.  In  the Northern Zone no person, while engaged in hunting with the
   38  aid of a dog or while afield accompanied by a dog, shall possess a rifle
   39  larger than .22 caliber using rim-fire ammunition or possess  a  shotgun
   40  loaded  with  a  slug,  ball  or buckshot, OR, IN THE COUNTY OF WYOMING,
   41  POSSESS A CROSSBOW; but  this  paragraph  does  not  apply  to  persons,
   42  engaged  in  coyote  hunts  with  dogs during any open season on coyotes
   43  established pursuant to the provisions of section 11-0903.
   44    S 12. This act shall take effect immediately.