NY State Senate Bill 2009-S2204

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 22, 2010	print number 2204a
Jan 22, 2010	amend and recommit to environmental conservation
Jan 06, 2010	referred to environmental conservation
Feb 13, 2009	referred to environmental conservation

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2009-S2204 - Details

See Assembly Version of this Bill:: A7100
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§11-0701, 11-0703, 11-0713, 11-0715, 11-0719, 11-0907, 11-0913, 11-0929 & 11-0901, rpld §11-0901 sub 16, En Con L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A392
2013-2014: A1362

2009-S2204 - Summary

Relates to junior small and big game hunting license and the use of crossbows; provides that persons ages sixteen or seventeen may hunt big game; imposes a nine dollar fee for the junior small and big game license; makes related provisions.

2009-S2204 - Sponsor Memo

                                 BILL NUMBER:  S2204

 TITLE OF BILL :

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


 PURPOSE :

To amend the Environmental Conservation Law (ECL) to (1) provide for a
junior small and big game license that would allow fourteen and
fifteen year-old hunters to hunt big game with a firearm under adult
supervision and to clarify existing age restrictions applicable to
young hunters; and (2) allow for the use of crossbows.

 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
hunting 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
fourteen 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 approximately 75%. The recruitment of additional hunters is needed
to effectively 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
participants.

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 regulatory authority, that crossbows be allowed for use for
deer hunting in regular big game seasons, and for use in all seasons
by senior and handicapped hunters. Further, the Department also
proposed allowing crossbows in some archery-only areas where deer
harvest is inadequate.

 LEGISLATIVE HISTORY :

2007-08, S.860-A/A.1154-A
2005-06, S.4116
2003-04, S.4931.

 FISCAL IMPLICATIONS :

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

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

2009-S2204 - Bill Text download pdf

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

                                  2204

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 13, 2009
                               ___________

Introduced  by  Sens. VOLKER, DeFRANCISCO, MAZIARZ, RANZENHOFER, SEWARD,
  WINNER, YOUNG -- 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 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:

  Section 1. Subparagraph 1 of paragraph a of subdivision 2  of  section
11-0701  of the environmental conservation law, as added by section 5 of
part F of chapter 82 of the laws of 2002, is amended to read as follows:
  (1) A small and big game license entitles the resident holder to  hunt
wildlife subject to the following:
  (i)  a  holder who is eighteen years of age or older may hunt wildlife
as provided in title 9 of this article,
  (ii) a holder who is AGE sixteen [years of age or older] OR  SEVENTEEN
may hunt wildlife, except big game, as provided in title 9 of this arti-
cle, and
  (iii)  a  holder who is [between the ages of sixteen and eighteen] AGE
SIXTEEN OR SEVENTEEN may hunt big game [pursuant to the  provisions  of]
AS  PROVIDED IN title 9 of this article [while the holder is accompanied
by a parent, guardian or person over the age of eighteen as required by]
SUBJECT TO THE PROVISIONS OF section 11-0929 of this article.
  A holder may take fish with a gun or longbow as provided in  titles  9
and 13 of this article.
  S 2. Subparagraph 2 of paragraph a of subdivision 2 of section 11-0701
of  the  environmental conservation law, as amended by chapter 57 of the
laws of 1993, is amended to read as follows:
  (2) A non-resident big game license entitles a person who has not been
a resident of the state for more than thirty days to hunt wild  deer  as
provided  in  title  9 OF THIS ARTICLE.  It entitles such person to hunt

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04788-01-9

S. 2204                             2

bear during the regular open bear season or in an open season  fixed  by
regulation  pursuant  to  subdivision  eight  of section 11-0903 of this
article if such person is also the holder of a non-resident bear tag. It
entitles a person who is [between the ages of] AGE sixteen [and eighteen
years]  OR  SEVENTEEN  to  exercise the privileges of a big game license
subject to the provisions of section 11-0929 OF THIS ARTICLE.
  S 3. Paragraph c of subdivision 2 of section 11-0701 of  the  environ-
mental conservation law, as amended by section 7 of part F of chapter 82
of the laws of 2002, is amended to read as follows:
  c. A junior archery license entitles a resident holder who is [between
the  ages  of]  AGE fourteen [and sixteen years] OR FIFTEEN to hunt wild
deer and bear with a longbow  during  the  special  archery  season  and
during the regular season, as provided in title 9 of this article, as if
such  person held a license which authorizes the holder to hunt big game
with a bowhunting stamp affixed, subject to the  provisions  of  section
11-0929  and  subdivision 3 of section 11-0713 of this article. It enti-
tles a non-resident holder who is [between the  ages  of]  AGE  fourteen
[and sixteen years] OR FIFTEEN to hunt wild deer and bear with a longbow
during  the  special  archery  season  and during the regular season, as
provided in title 9 of this article, as if such person held a  non-resi-
dent  bowhunting  license,  a  non-resident license which authorizes the
holder to hunt  deer  and  a  non-resident  bear  tag,  subject  to  the
provisions  of  section  11-0929 and subdivision 3 of section 11-0713 of
this article.
  S 4. Subdivision 12 of section 11-0701 of the environmental  conserva-
tion  law,  as amended by chapter 344 of the laws of 2008, is amended to
read as follows:
  12. A. A junior hunting license[:
  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.
  b. A JUNIOR HUNTING LICENSE entitles  a  holder  who  is  fourteen  or
fifteen  years of age to hunt wildlife, including wild deer and bear, 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.
  C. A JUNIOR SMALL AND BIG GAME LICENSE ENTITLES THE HOLDER  AGE  FOUR-
TEEN  OR FIFTEEN TO HUNT WILDLIFE, EXCEPT BIG GAME, AS PROVIDED IN TITLE
9 OF THIS ARTICLE AND TO HUNT BIG GAME DURING THE SPECIAL MUZZLE-LOADING
SEASON AND DURING THE REGULAR SEASON, AS PROVIDED IN  TITLE  9  OF  THIS
ARTICLE, AS IF SUCH PERSON HELD A LICENSE WHICH AUTHORIZES THE HOLDER TO
HUNT  BIG  GAME  WITH  A  MUZZLE-LOADING  STAMP  AFFIXED, SUBJECT TO THE
PROVISIONS OF SECTION 11-0929 OF THIS ARTICLE.
  S 5. Subdivision 2 of section 11-0703 of the  environmental  conserva-
tion  law,  as amended by chapter 344 of the laws of 2008, is amended to
read as follows:
  2. No license, permit, tag or stamp is transferable. No  person  shall
alter,  change,  lend  to  another or attempt to transfer to another any
license or any button, permit, tag or stamp issued therewith. No person,
while hunting, shall possess a license, button,  permit,  tag  or  stamp
which  was  issued  to another person unless actually accompanied by the
person to whom such license, button, permit, tag or stamp was issued. No
person shall purchase, possess or use  more  than  one  junior  archery,
junior hunting, JUNIOR SMALL AND BIG GAME, small and big game, big game,

S. 2204                             3

bowhunting,   muzzle-loading,  sportsman,  or  resident  super-sportsman
license or stamp, non-resident  bowhunting  or  muzzle-loading  license,
non-resident  super-sportsman  license, non-resident bear tag or special
permit  for  the current license year, except as permitted by regulation
of the department. Notwithstanding the prohibitions  contained  in  this
subdivision,  the  department  may  authorize  by rule or regulation the
transfer of deer management permits, issued pursuant to section  11-0913
of  this  article,  to any person licensed to hunt deer pursuant to this
title.
  S 6. Paragraph b of subdivision 4 of section 11-0703 of  the  environ-
mental  conservation law, as amended by chapter 344 of the laws of 2008,
is amended to read as follows:
  b. A person under the age of fourteen  years  is  ineligible  for  any
license which authorizes the holder to hunt big game. A person under the
age  of  sixteen years is ineligible for a small and big game, sportsman
or resident super-sportsman, non-resident super-sportsman,  non-resident
big game, non-resident bowhunting license, or bowhunting stamp. A person
is  ineligible  for  a  small  game, small and big game, junior hunting,
JUNIOR SMALL AND BIG GAME, big game, junior archery, sportsman and resi-
dent  super-sportsman,  non-resident  super-sportsman,  or  non-resident
bowhunting  or  muzzle-loading  license  unless  such  person  meets the
requirements of subdivision 3 of section 11-0713 of this title.
  S 7. Subdivision 6 of section 11-0703 of the  environmental  conserva-
tion  law,  as amended by chapter 344 of the laws of 2008, is amended to
read as follows:
  6. a. Except as provided in section 11-0707  and  section  11-0709  of
this  title, no person shall (1) hunt wildlife, other than deer or bear,
or take fish with a gun, unless such person holds  and  is  entitled  to
exercise  the  privileges  of a small game, junior hunting, JUNIOR SMALL
AND BIG GAME, small and big game, free sportsman, sportsman or  resident
super-sportsman,  or  non-resident  super-sportsman  license;  (2)  hunt
antlerless deer in a special open season therefor pursuant  to  subdivi-
sion  6  of section 11-0903 of this article unless such person holds and
is entitled to exercise the privileges of and has on his or  her  person
while  so  hunting  a small and big game, JUNIOR SMALL AND BIG GAME, big
game, junior archery, free sportsman, junior hunting if the licensee  is
at  least  fourteen years old, sportsman, resident super-sportsman, non-
resident super-sportsman or non-resident  bowhunting  or  muzzle-loading
license,  and  a special antlerless deer license; (3) take fish or frogs
in the manner described in subdivision 4  of  section  11-0701  of  this
title  unless  such  person  is entitled to exercise the privileges of a
fishing license; (4) trap wildlife unless such person holds  a  trapping
license.
  b.  Except  as provided in section 11-0707 and section 11-0709 of this
title, no resident shall (1) hunt wild deer or bear unless  such  person
holds  and  is  entitled  to  exercise the privileges of a small and big
game, JUNIOR SMALL AND BIG GAME, junior archery, junior hunting  if  the
licensee  is  at least fourteen years old, free sportsman, sportsman, or
resident super-sportsman license, and meets  the  requirements  of  this
article;  (2) hunt wild deer or bear with a longbow in a special longbow
season unless such person holds and is entitled to exercise  the  privi-
leges  of  a small and big game, junior archery, free sportsman, sports-
man, or resident super-sportsman license with a bowhunting stamp affixed
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 holds a small and big  game,  free  sportsman,

S. 2204                             4

sportsman,  junior  hunting  if  the licensee is at least fourteen years
old, or resident super-sportsman license  with  a  muzzle-loading  stamp
affixed, OR JUNIOR SMALL AND BIG GAME LICENSE and meets the requirements
of this article.
  c.  Except  as provided in section 11-0707 and section 11-0709 of this
title, no non-resident shall (1) hunt wild deer unless such person holds
and is entitled to exercise the privileges of a big game,  JUNIOR  SMALL
AND BIG GAME, junior archery, junior hunting if the licensee is at least
fourteen   years  old,  non-resident  super-sportsman,  or  non-resident
bowhunting or muzzle-loading license; (2) hunt wild deer with a  longbow
in  a special longbow season unless such person holds and is entitled to
exercise the privileges of a non-resident super-sportsman,  non-resident
bowhunting,  or  junior  archery  license;  (3)  hunt  wild  deer with a
muzzle-loading firearm in a special muzzle-loading firearm season unless
such person holds a JUNIOR  SMALL  AND  BIG  GAME,  non-resident  super-
sportsman  or  non-resident  muzzle-loading  license; (4) hunt wild bear
unless such person holds a junior hunting license if the licensee is  at
least fourteen years old, a junior archery, OR JUNIOR SMALL AND BIG GAME
license,  or a non-resident bear tag in combination with one of the non-
resident deer licenses listed in subparagraph 1, 2 or 3  of  this  para-
graph.
  S 8. Subparagraph 3 of paragraph a of subdivision 1 of section 11-0713
of the environmental conservation law, as amended by section 4 of part D
of chapter 61 of the laws of 2000, is amended to read as follows:
  (3)  License issuing officers as may be appointed by the commissioner.
Applicants for designation as license issuing officers  shall  be  [over
the  age  of]  eighteen  years OF AGE OR OLDER and shall meet such other
requirements of eligibility, including posting bond, as  the  department
may  by  regulation  specify. Such issuing officers shall be entitled to
receive and keep the same fees for issuing licenses and stamps that  are
specified  in  section  11-0715  of this article for issuing clerks, and
shall file reports and remit license fees to  the  appropriate  regional
environmental  conservation  officer  or  the  department as required by
regulation.
  S 9. Subdivision 2 of section 11-0713 of the  environmental  conserva-
tion  law,  as amended by chapter 344 of the laws of 2008, is amended to
read as follows:
  2. The issuing officer shall not issue  a  junior  archery  OR  JUNIOR
SMALL  AND  BIG GAME license to a person [between the ages of] AGE four-
teen [and sixteen] OR FIFTEEN or a junior hunting license  to  a  person
[between  the  ages  of]  AGE twelve [and sixteen years] THROUGH FIFTEEN
unless at the time of issuance applicant is accompanied by  his  or  her
parent  or  legal  guardian  who  shall  consent  to the issuance of the
license and shall so signify by signing his OR HER name  in  ink  across
the  face  of  it.  At  no time shall such licenses be issued by mail to
persons [between the] ages  [of]  twelve  [and  sixteen  years]  THROUGH
FIFTEEN.
  S  10. Paragraph c of subdivision 3 of section 11-0715 of the environ-
mental conservation law, as amended by chapter 344 of the laws of  2008,
is amended to read as follows:
  c. In all cases:
        (1) Certificates in lieu of lost license or stamp   $ 5.00
        (2) Duplicate for lost or destroyed permit, button or tag
                                                            $10.00
        (3) Junior hunting license                          $ 5.00
        (4) JUNIOR SMALL AND BIG GAME LICENSE               $ 9.00

S. 2204                             5

        (5) Junior archery license                          $ 9.00
        [(5)] (6) One-day fishing license                   $15.00
        [(6)] (7) Conservation patron license               $12.00
  S  11. Subdivision 3 of section 11-0719 of the environmental conserva-
tion law, as amended by chapter 344 of the laws of 2008, is  amended  to
read as follows:
  3.  A  junior hunting license issued to a person who is [at least] AGE
twelve [and less than sixteen years of age] THROUGH FIFTEEN or a  junior
archery  OR  JUNIOR SMALL AND BIG GAME license issued to a person who is
AGE fourteen or fifteen [years of age] may be revoked by the  department
upon  proof satisfactory to the department that such person, while under
the age of sixteen, has engaged in hunting wildlife with a gun or  long-
bow, in circumstances in which a license is required, while not accompa-
nied  by  his  or  her  parent,  guardian  or other adult as provided in
section 11-0929 of this article. If such license or privilege is revoked
the department shall fix the period of such revocation, which is not  to
exceed  four years. The department may require that such person success-
fully complete a department sponsored course and obtain a certificate of
qualification in responsible hunting or responsible bowhunting practices
before being issued another hunting or bowhunting license.
  S 12.  Paragraph a of subdivision 8 of section 11-0907 of the environ-
mental conservation law, as amended by section 45 of part F  of  chapter
82 of the laws of 2002, is amended to read as follows:
  a.  In  every  area identified in column one of the table set forth in
subdivision 2 of this section, except those areas restricted to  special
seasons  for  taking  deer  by longbow only, special open seasons may be
established by regulation for taking deer and/or bear,  by  the  use  of
muzzle-loading  firearms, of not less than .44 caliber shooting a single
projectile, by the holders of a small and big game,  sportsman  or  free
sportsman license to which a valid muzzle-loading stamp is affixed or to
holders  of a JUNIOR SMALL AND BIG GAME, resident or non-resident super-
sportsman, or non-resident muzzle-loading license.
  S 13. Subdivision 7 of section 11-0913 of the environmental  conserva-
tion  law,  as amended by section 48 of part F of chapter 82 of the laws
of 2002, is amended to read as follows:
  7. The department shall charge and receive a fee of  ten  dollars  for
the application and the processing of such permit or permits. Applicants
who  are  successful  in  the  computerized  selection shall receive the
permit or permits free of any additional  charge.  The  application  fee
shall  be  non-refundable.  The department may waive the application fee
for holders of a junior archery, JUNIOR SMALL AND BIG  GAME,  sportsman,
resident  super-sportsman,  conservation  legacy  or non-resident super-
sportsman license.
  S 14. Section  11-0929  of  the  environmental  conservation  law,  as
amended  by  chapter  344  of  the  laws  of 2008, is amended to read as
follows:
S 11-0929. Hunting by minors.
  1. A licensee [who is] AGE twelve or thirteen [years of age] shall not
[hunt wildlife with a gun or a longbow] EXERCISE  THE  PRIVILEGES  OF  A
JUNIOR  SMALL GAME LICENSE 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 license which  authorizes
the holder to hunt wildlife.
  2. A licensee who is AGE fourteen or fifteen [years of age] shall not:

S. 2204                             6

  a.  [hunt wildlife with a gun or longbow] EXERCISE THE PRIVILEGES OF A
JUNIOR SMALL GAME LICENSE, other than wild deer or bear as  provided  in
paragraph  b of this subdivision, unless he or she is accompanied by his
or her parent or legal guardian holding a license which  authorizes  the
holder  to hunt wildlife, or by a person eighteen years of age or older,
designated in writing by his or her parent or  legal  guardian,  holding
such license;
  b. hunt wild deer or bear with a gun unless:
  (1) he or she is accompanied by his or her parent or a legal guardian,
or  a youth mentor who is twenty-one years of age or older designated in
writing by the parent or legal  guardian  of  the  licensee  on  a  form
prescribed by the department; and
  (2) such parent, guardian or youth mentor has had at least three years
of experience in hunting big game; and
  (3)  such  parent,  guardian  or  youth  mentor  holds a license which
authorizes the holder to hunt big game; and
  (4) such parent, guardian or youth mentor maintains  physical  control
over the minor he or she is accompanying at all times while hunting; and
  (5)  such  parent, guardian or youth mentor and the minor he or she is
accompanying remain at ground level at all times while hunting; and
  (6) such parent, guardian or youth mentor and the minor he or  she  is
accompanying  shall  each  display either a minimum total of two hundred
fifty square inches of solid fluorescent orange or patterned fluorescent
orange consisting of no less than fifty percent fluorescent orange mate-
rial worn above the waist and visible from all directions, or a  hat  or
cap  with no less than fifty percent of the exterior consisting of solid
fluorescent  orange  material  and  visible  from  all  directions.  For
purposes of this paragraph, "physical control" shall mean that the phys-
ical  proximity  of the minor to the parent, guardian or youth mentor is
such that the parent, guardian or youth mentor  is  reasonably  able  to
issue  verbal  directions  and  instructions,  maintain  constant visual
contact, and otherwise provide guidance and supervision to the minor.
  3. A licensee [who is] AGE sixteen or seventeen [years of age and] who
has not previously had a license which authorizes the holder to hunt big
game issued to him or her and engaged in hunting pursuant  to  it  shall
not  hunt  deer  or  bear  unless he or she is accompanied by his or her
parent or legal guardian, or by a person designated in writing by his or
her parent or legal guardian on a form prescribed by the department  and
who  is  eighteen  years  of  age  or older and who has had at least one
year's experience in hunting deer or bear, and such accompanying parent,
guardian or person holds a license which authorizes the holder  to  hunt
big game.
  4.  A junior archery licensee, [who is] AGE fourteen or fifteen [years
of age], shall not hunt deer or bear unless he or she is accompanied  by
his  or her parent or legal guardian, or by a person designated in writ-
ing by his or her parent or legal guardian on a form prescribed  by  the
department  who  is  eighteen  years  of age or older and who has had at
least one year's experience in hunting deer or bear by longbow, and such
accompanying parent, guardian or person holds a license which authorizes
the holder to hunt big game during a  special  archery  season  and  the
regular open season.
  5.  A  JUNIOR  SMALL  AND  BIG GAME LICENSEE, AGE FOURTEEN OR FIFTEEN,
SHALL NOT HUNT DEER OR BEAR UNLESS HE OR SHE IS ACCOMPANIED  BY  HIS  OR
HER  PARENT  OR  LEGAL GUARDIAN, OR BY A PERSON EIGHTEEN YEARS OF AGE OR
OLDER WHO HAS HAD AT LEAST ONE YEAR'S  EXPERIENCE  IN  HUNTING  DEER  OR
BEAR,  AND  SUCH ACCOMPANYING PARENT, GUARDIAN OR PERSON HOLDS A LICENSE

S. 2204                             7

WHICH  AUTHORIZES  THE  HOLDER  TO  HUNT  BIG  GAME  DURING  A   SPECIAL
MUZZLE-LOADING SEASON AND THE REGULAR OPEN SEASON.
  S  15. Paragraph g of subdivision 3 of section 11-0901 of the environ-
mental conservation law, as amended by chapter 34 of the laws  of  1979,
is amended to read as follows:
  g.  [Wildlife]  EXCEPT  AS  PROVIDED IN SUBDIVISIONS 15 AND 16 OF THIS
SECTION, WILDLIFE shall not be taken by the use of  a  cross-bow,  by  a
long  bow  drawn,  pulled,  released, or held in a drawn position by any
mechanical device attached to a  portion  of  the  bow  other  than  the
bowstring, or by the use of a device commonly called a spear gun.
  S 16. Subdivision 15 of section 11-0901 of the environmental conserva-
tion  law,  as  amended by chapter 81 of the laws of 1988, is amended to
read as follows:
  15. Notwithstanding any inconsistent provision of  this  section,  the
department  may  [issue a permit to take] ADOPT REGULATIONS TO ALLOW THE
TAKING OF big game or small game by the use of a  bow  equipped  with  a
mechanical  device  for holding and releasing the bowstring, attached to
the handle section of an otherwise legal bow, OR BY THE USE OF A  CROSS-
BOW, to any person WITH A PHYSICAL DISABILITY who is [permanently] phys-
ically  incapable  of  drawing  and  holding a bow because of a physical
[handicap or] disability, subject to such restrictions as the department
may [deem necessary in the interest of public  safety]  ADOPT  BY  REGU-
LATION.    FOR  THE PURPOSE OF THIS SUBDIVISION, "PERSON WITH A PHYSICAL
DISABILITY" SHALL MEAN ANY PERSON WHO SUBMITS TO THE DEPARTMENT A STATE-
MENT OF A PHYSICIAN DULY LICENSED TO PRACTICE MEDICINE THAT SUCH  PERSON
IS  PHYSICALLY  INCAPABLE OF ARM MOVEMENT SUFFICIENT TO RELEASE A BOW AS
DEFINED IN SUBDIVISION 4 OF THIS SECTION  OR  AS  OTHERWISE  DEFINED  IN
DEPARTMENT REGULATION.
  S 17. Subdivision 16 of section 11-0901 of the environmental conserva-
tion  law  is  REPEALED  and  a  new  subdivision 16 is added to read as
follows:
  16. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF  THIS  ARTICLE,  THE
DEPARTMENT MAY, BY REGULATION, AUTHORIZE THE USE OF CROSSBOWS.
  S  18.  This  act shall take effect October 1, 2009, provided that any
regulations necessary for the timely implementation of the provisions of
this act on its effective date shall be promulgated on  or  before  such
date.

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2009-S2204A (ACTIVE) - Details

See Assembly Version of this Bill:: A7100
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§11-0701, 11-0703, 11-0713, 11-0715, 11-0719, 11-0907, 11-0913, 11-0929 & 11-0901, rpld §11-0901 sub 16, En Con L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A392
2013-2014: A1362

2009-S2204A (ACTIVE) - Summary

2009-S2204A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2204A

 TITLE OF BILL :
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


 PURPOSE :
To amend the Environmental Conservation Law (ECL) to (1) provide for a
junior small and big game license that would allow fourteen and
fifteen year-old hunters to hunt big game with a firearm under adult
supervision and to clarify existing age restrictions applicable to
young hunters; and (2) allow for the use of crossbows.

 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 muzzle loader
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.

"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
participants.

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 regulatory authority, that crossbows be allowed for use for
deer hunting in regular big game seasons, and for use in all seasons
by senior and handicapped hunters. Further, the Department also
proposed allowing crossbows in some archery-only areas where deer
harvest is inadequate.

 LEGISLATIVE HISTORY :
2007-08: S.860-A/A.1154-A.
2005-06: S.4116
2003-04: S.4931.
 FISCAL IMPLICATIONS :
This proposal is expected to result in increased license sales.
Revenues from license sales are deposited into the Conservation Fund.

 EFFECTIVE DATE :
This act shall take effect October 1, 2010, provided that any
regulations necessary for the timely implementation of the provisions
of this act on its effective date shall be promulgated on or before
such date.

2009-S2204A (ACTIVE) - Bill Text download pdf

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

                                 2204--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 13, 2009
                               ___________

Introduced  by  Sens.  VOLKER,  MAZIARZ,  NOZZOLIO, RANZENHOFER, SEWARD,
  WINNER, YOUNG -- read twice and ordered printed, and when  printed  to
  be  committed to the Committee on Environmental Conservation -- recom-
  mitted to the Committee on Environmental  Conservation  in  accordance
  with  Senate  Rule  6,  sec.  8 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

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:

  Section  1.  Subparagraph 1 of paragraph a of subdivision 2 of section
11-0701 of the environmental conservation law, as added by section 5  of
part F of chapter 82 of the laws of 2002, is amended to read as follows:
  (1)  A small and big game license entitles the resident holder to hunt
wildlife subject to the following:
  (i) a holder who is eighteen years of age or older may  hunt  wildlife
as provided in title 9 of this article,
  (ii)  a holder who is AGE sixteen [years of age or older] OR SEVENTEEN
may hunt wildlife, except big game, as provided in title 9 of this arti-
cle, and
  (iii) a holder who is [between the ages of sixteen and  eighteen]  AGE
SIXTEEN  OR  SEVENTEEN may hunt big game [pursuant to the provisions of]
AS PROVIDED IN title 9 of this article [while the holder is  accompanied
by a parent, guardian or person over the age of eighteen as required by]
SUBJECT TO THE PROVISIONS OF section 11-0929 of this article.
  A  holder  may take fish with a gun or longbow as provided in titles 9
and 13 of this article.
  S 2. Subparagraph 2 of paragraph a of subdivision 2 of section 11-0701
of the environmental conservation law, as amended by chapter 57  of  the
laws of 1993, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04788-02-0

S. 2204--A                          2

  (2) A non-resident big game license entitles a person who has not been
a  resident  of the state for more than thirty days to hunt wild deer as
provided in title 9 OF THIS ARTICLE.  It entitles such  person  to  hunt
bear  during  the regular open bear season or in an open season fixed by
regulation  pursuant  to  subdivision  eight  of section 11-0903 of this
article if such person is also the holder of a non-resident bear tag. It
entitles a person who is [between the ages of] AGE sixteen [and eighteen
years] OR SEVENTEEN to exercise the privileges of  a  big  game  license
subject to the provisions of section 11-0929 OF THIS ARTICLE.
  S  3.  Paragraph c of subdivision 2 of section 11-0701 of the environ-
mental conservation law, as amended by section 7 of part F of chapter 82
of the laws of 2002, is amended to read as follows:
  c. A junior archery license entitles a resident holder who is [between
the ages of] AGE fourteen [and sixteen years] OR FIFTEEN  to  hunt  wild
deer  and  bear  with  a  longbow  during the special archery season and
during the regular season, as provided in title 9 of this article, as if
such person held a license which authorizes the holder to hunt big  game
with  a  bowhunting  stamp affixed, subject to the provisions of section
11-0929 and subdivision 3 of section 11-0713 of this article.  It  enti-
tles  a  non-resident  holder  who is [between the ages of] AGE fourteen
[and sixteen years] OR FIFTEEN to hunt wild deer and bear with a longbow
during the special archery season and  during  the  regular  season,  as
provided  in title 9 of this article, as if such person held a non-resi-
dent bowhunting license, a non-resident  license  which  authorizes  the
holder  to  hunt  deer  and  a  non-resident  bear  tag,  subject to the
provisions of section 11-0929 and subdivision 3 of  section  11-0713  of
this article.
  S  4. Subdivision 12 of section 11-0701 of the environmental conserva-
tion law, as amended by chapter 344 of the laws of 2008, is  amended  to
read as follows:
  12. A. A junior hunting license[:
  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.
  b.  A  JUNIOR  HUNTING  LICENSE  entitles  a holder who is fourteen or
fifteen years of age to hunt wildlife, including wild deer and bear,  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.
  C.  A  JUNIOR SMALL AND BIG GAME LICENSE ENTITLES THE HOLDER AGE FOUR-
TEEN OR FIFTEEN TO HUNT WILDLIFE, EXCEPT BIG GAME, AS PROVIDED IN  TITLE
9 OF THIS ARTICLE AND TO HUNT BIG GAME DURING THE SPECIAL MUZZLE-LOADING
SEASON  AND  DURING  THE  REGULAR SEASON, AS PROVIDED IN TITLE 9 OF THIS
ARTICLE, AS IF SUCH PERSON HELD A LICENSE WHICH AUTHORIZES THE HOLDER TO
HUNT BIG GAME WITH  A  MUZZLE-LOADING  STAMP  AFFIXED,  SUBJECT  TO  THE
PROVISIONS OF SECTION 11-0929 OF THIS ARTICLE.
  S  5.  Subdivision 2 of section 11-0703 of the environmental conserva-
tion law, as amended by chapter 344 of the laws of 2008, is  amended  to
read as follows:
  2.  No  license, permit, tag or stamp is transferable. No person shall
alter, change, lend to another or attempt to  transfer  to  another  any
license or any button, permit, tag or stamp issued therewith. No person,
while  hunting,  shall  possess  a license, button, permit, tag or stamp
which was issued to another person unless actually  accompanied  by  the

S. 2204--A                          3

person to whom such license, button, permit, tag or stamp was issued. No
person  shall  purchase,  possess  or  use more than one junior archery,
junior hunting, JUNIOR SMALL AND BIG GAME, small and big game, big game,
bowhunting,   muzzle-loading,  sportsman,  or  resident  super-sportsman
license or stamp, non-resident  bowhunting  or  muzzle-loading  license,
non-resident  super-sportsman  license, non-resident bear tag or special
permit for the current license year, except as permitted  by  regulation
of  the  department.  Notwithstanding the prohibitions contained in this
subdivision, the department may authorize  by  rule  or  regulation  the
transfer  of deer management permits, issued pursuant to section 11-0913
of this article, to any person licensed to hunt deer  pursuant  to  this
title.
  S  6.  Paragraph b of subdivision 4 of section 11-0703 of the environ-
mental conservation law, as amended by chapter 344 of the laws of  2008,
is amended to read as follows:
  b.  A  person  under  the  age of fourteen years is ineligible for any
license which authorizes the holder to hunt big game. A person under the
age of sixteen years is ineligible for a small and big  game,  sportsman
or  resident super-sportsman, non-resident super-sportsman, non-resident
big game, non-resident bowhunting license, or bowhunting stamp. A person
is ineligible for a small game, small  and  big  game,  junior  hunting,
JUNIOR SMALL AND BIG GAME, big game, junior archery, sportsman and resi-
dent  super-sportsman,  non-resident  super-sportsman,  or  non-resident
bowhunting or  muzzle-loading  license  unless  such  person  meets  the
requirements of subdivision 3 of section 11-0713 of this title.
  S  7.  Subdivision 6 of section 11-0703 of the environmental conserva-
tion law, as amended by chapter 344 of the laws of 2008, is  amended  to
read as follows:
  6.  a.  Except  as  provided in section 11-0707 and section 11-0709 of
this title, no person shall (1) hunt wildlife, other than deer or  bear,
or  take  fish  with  a gun, unless such person holds and is entitled to
exercise the privileges of a small game, junior  hunting,  JUNIOR  SMALL
AND  BIG GAME, small and big game, free sportsman, sportsman or resident
super-sportsman,  or  non-resident  super-sportsman  license;  (2)  hunt
antlerless  deer  in a special open season therefor pursuant to subdivi-
sion 6 of section 11-0903 of this article unless such person  holds  and
is  entitled  to exercise the privileges of and has on his or her person
while so hunting a small and big game, JUNIOR SMALL AND  BIG  GAME,  big
game,  junior archery, free sportsman, junior hunting if the licensee is
at least fourteen years old, sportsman, resident  super-sportsman,  non-
resident  super-sportsman  or  non-resident bowhunting or muzzle-loading
license, and a special antlerless deer license; (3) take fish  or  frogs
in  the  manner  described  in  subdivision 4 of section 11-0701 of this
title unless such person is entitled to exercise  the  privileges  of  a
fishing  license;  (4) trap wildlife unless such person holds a trapping
license.
  b. Except as provided in section 11-0707 and section 11-0709  of  this
title,  no  resident shall (1) hunt wild deer or bear unless such person
holds and is entitled to exercise the privileges  of  a  small  and  big
game,  JUNIOR  SMALL AND BIG GAME, junior archery, junior hunting if the
licensee is at least fourteen years old, free sportsman,  sportsman,  or
resident  super-sportsman  license,  and  meets the requirements of this
article; (2) hunt wild deer or bear with a longbow in a special  longbow
season  unless  such person holds and is entitled to exercise the privi-
leges of a small and big game, junior archery, free  sportsman,  sports-
man, or resident super-sportsman license with a bowhunting stamp affixed

S. 2204--A                          4

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 holds a small and big game, free sportsman,
sportsman,  junior  hunting  if  the licensee is at least fourteen years
old, or resident super-sportsman license  with  a  muzzle-loading  stamp
affixed, OR JUNIOR SMALL AND BIG GAME LICENSE and meets the requirements
of this article.
  c.  Except  as provided in section 11-0707 and section 11-0709 of this
title, no non-resident shall (1) hunt wild deer unless such person holds
and is entitled to exercise the privileges of a big game,  JUNIOR  SMALL
AND BIG GAME, junior archery, junior hunting if the licensee is at least
fourteen   years  old,  non-resident  super-sportsman,  or  non-resident
bowhunting or muzzle-loading license; (2) hunt wild deer with a  longbow
in  a special longbow season unless such person holds and is entitled to
exercise the privileges of a non-resident super-sportsman,  non-resident
bowhunting,  or  junior  archery  license;  (3)  hunt  wild  deer with a
muzzle-loading firearm in a special muzzle-loading firearm season unless
such person holds a JUNIOR  SMALL  AND  BIG  GAME,  non-resident  super-
sportsman  or  non-resident  muzzle-loading  license; (4) hunt wild bear
unless such person holds a junior hunting license if the licensee is  at
least fourteen years old, a junior archery, OR JUNIOR SMALL AND BIG GAME
license,  or a non-resident bear tag in combination with one of the non-
resident deer licenses listed in subparagraph 1, 2 or 3  of  this  para-
graph.
  S 8. Subparagraph 3 of paragraph a of subdivision 1 of section 11-0713
of  the  environmental conservation law, as amended by section 4 of part
LL of chapter 59 of the laws of 2009, is amended to read as follows:
  (3) license issuing officers as may be appointed by the  commissioner.
Applicants  for  designation  as license issuing officers shall be [over
the age of] eighteen years OF AGE OR OLDER and  shall  meet  such  other
requirements  of  eligibility, including posting bond, as the department
may by regulation specify. Such issuing officers shall  be  entitled  to
receive  and keep the same fees for issuing licenses and stamps that are
specified in section 11-0715  of  this  title  for  issuing  clerks  and
section  13-0355  of  this  chapter,  and  shall  file reports and remit
license fees to  the  appropriate  regional  environmental  conservation
officer or the department as required by regulation.
  S  9.  Subdivision 2 of section 11-0713 of the environmental conserva-
tion law, as amended by chapter 344 of the laws of 2008, is  amended  to
read as follows:
  2.  The  issuing  officer  shall  not issue a junior archery OR JUNIOR
SMALL AND BIG GAME license to a person [between the ages of]  AGE  four-
teen  [and  sixteen]  OR FIFTEEN or a junior hunting license to a person
[between the ages of] AGE twelve [and  sixteen  years]  THROUGH  FIFTEEN
unless  at  the  time of issuance applicant is accompanied by his or her
parent or legal guardian who  shall  consent  to  the  issuance  of  the
license  and  shall  so signify by signing his OR HER name in ink across
the face of it. At no time shall such licenses  be  issued  by  mail  to
persons  [between  the]  ages  [of]  twelve  [and sixteen years] THROUGH
FIFTEEN.
  S 10. Paragraph c of subdivision 3 of section 11-0715 of the  environ-
mental  conservation  law, as amended by section 4 of part KK of chapter
59 of the laws of 2009, is amended to read as follows:
  c. In all cases:
        (1) Certificates in lieu of lost license or stamp
            or tag                                          $ 5.00

S. 2204--A                          5

        (2) Duplicate for lost or destroyed permit, button
            or tag                                          $10.00
        (3) Junior hunting license                          $ 5.00
        (4) JUNIOR SMALL AND BIG GAME LICENSE               $ 9.00
        (5) Junior archery license                          $ 9.00
        [(5)] (6) One-day fishing license                   $15.00
        [(6)] (7) Conservation patron license               $12.00
  S  11. Subdivision 3 of section 11-0719 of the environmental conserva-
tion law, as amended by chapter 344 of the laws of 2008, is  amended  to
read as follows:
  3.  A  junior hunting license issued to a person who is [at least] AGE
twelve [and less than sixteen years of age] THROUGH FIFTEEN or a  junior
archery  OR  JUNIOR SMALL AND BIG GAME license issued to a person who is
AGE fourteen or fifteen [years of age] may be revoked by the  department
upon  proof satisfactory to the department that such person, while under
the age of sixteen, has engaged in hunting wildlife with a gun or  long-
bow, in circumstances in which a license is required, while not accompa-
nied  by  his  or  her  parent,  guardian  or other adult as provided in
section 11-0929 of this article. If such license or privilege is revoked
the department shall fix the period of such revocation, which is not  to
exceed  four years. The department may require that such person success-
fully complete a department sponsored course and obtain a certificate of
qualification in responsible hunting or responsible bowhunting practices
before being issued another hunting or bowhunting license.
  S 12.  Paragraph a of subdivision 8 of section 11-0907 of the environ-
mental conservation law, as amended by section 45 of part F  of  chapter
82 of the laws of 2002, is amended to read as follows:
  a.  In  every  area identified in column one of the table set forth in
subdivision 2 of this section, except those areas restricted to  special
seasons  for  taking  deer  by longbow only, special open seasons may be
established by regulation for taking deer and/or bear,  by  the  use  of
muzzle-loading  firearms, of not less than .44 caliber shooting a single
projectile, by the holders of a small and big game,  sportsman  or  free
sportsman license to which a valid muzzle-loading stamp is affixed or to
holders  of a JUNIOR SMALL AND BIG GAME, resident or non-resident super-
sportsman, or non-resident muzzle-loading license.
  S 13. Subdivision 7 of section 11-0913 of the environmental  conserva-
tion  law,  as amended by section 6 of part KK of chapter 59 of the laws
of 2009, is amended to read as follows:
  7. The department shall charge and receive a fee of  ten  dollars  for
the application and the processing of such permit or permits. Applicants
who  are  successful  in  the  computerized  selection shall receive the
permit or permits free of any additional  charge.  The  application  fee
shall  be  non-refundable.  The department may waive the application fee
for holders of a lifetime  sportsman  license  existing  as  of  October
first,  two  thousand nine, junior archery license, JUNIOR SMALL AND BIG
GAME  LICENSE,  resident  super-sportsman  license,  or  junior  hunting
license.
  S  14.  Section  11-0929  of  the  environmental  conservation law, as
amended by chapter 344 of the laws  of  2008,  is  amended  to  read  as
follows:
S 11-0929. Hunting by minors.
  1. A licensee [who is] AGE twelve or thirteen [years of age] shall not
[hunt  wildlife  with  a  gun or a longbow] EXERCISE THE PRIVILEGES OF A
JUNIOR SMALL GAME LICENSE unless he or she is accompanied by his or  her
parent  or  legal  guardian,  or  by a person twenty-one years of age or

S. 2204--A                          6

older designated in writing by his or her parent or legal guardian on  a
form  prescribed by the department, who holds a license which authorizes
the holder to hunt wildlife.
  2. A licensee who is AGE fourteen or fifteen [years of age] shall not:
  a.  [hunt wildlife with a gun or longbow] EXERCISE THE PRIVILEGES OF A
JUNIOR SMALL GAME LICENSE, other than wild deer or bear as  provided  in
paragraph  b of this subdivision, unless he or she is accompanied by his
or her parent or legal guardian holding a license which  authorizes  the
holder  to hunt wildlife, or by a person eighteen years of age or older,
designated in writing by his or her parent or  legal  guardian,  holding
such license;
  b. hunt wild deer or bear with a gun unless:
  (1) he or she is accompanied by his or her parent or a legal guardian,
or  a youth mentor who is twenty-one years of age or older designated in
writing by the parent or legal  guardian  of  the  licensee  on  a  form
prescribed by the department; and
  (2) such parent, guardian or youth mentor has had at least three years
of experience in hunting big game; and
  (3)  such  parent,  guardian  or  youth  mentor  holds a license which
authorizes the holder to hunt big game; and
  (4) such parent, guardian or youth mentor maintains  physical  control
over the minor he or she is accompanying at all times while hunting; and
  (5)  such  parent, guardian or youth mentor and the minor he or she is
accompanying remain at ground level at all times while hunting; and
  (6) such parent, guardian or youth mentor and the minor he or  she  is
accompanying  shall  each  display either a minimum total of two hundred
fifty square inches of solid fluorescent orange or patterned fluorescent
orange consisting of no less than fifty percent fluorescent orange mate-
rial worn above the waist and visible from all directions, or a  hat  or
cap  with no less than fifty percent of the exterior consisting of solid
fluorescent  orange  material  and  visible  from  all  directions.  For
purposes of this paragraph, "physical control" shall mean that the phys-
ical  proximity  of the minor to the parent, guardian or youth mentor is
such that the parent, guardian or youth mentor  is  reasonably  able  to
issue  verbal  directions  and  instructions,  maintain  constant visual
contact, and otherwise provide guidance and supervision to the minor.
  3. A licensee [who is] AGE sixteen or seventeen [years of age and] who
has not previously had a license which authorizes the holder to hunt big
game issued to him or her and engaged in hunting pursuant  to  it  shall
not  hunt  deer  or  bear  unless he or she is accompanied by his or her
parent or legal guardian, or by a person designated in writing by his or
her parent or legal guardian on a form prescribed by the department  and
who  is  eighteen  years  of  age  or older and who has had at least one
year's experience in hunting deer or bear, and such accompanying parent,
guardian or person holds a license which authorizes the holder  to  hunt
big game.
  4.  A junior archery licensee, [who is] AGE fourteen or fifteen [years
of age], shall not hunt deer or bear unless he or she is accompanied  by
his  or her parent or legal guardian, or by a person designated in writ-
ing by his or her parent or legal guardian on a form prescribed  by  the
department  who  is  eighteen  years  of age or older and who has had at
least one year's experience in hunting deer or bear by longbow, and such
accompanying parent, guardian or person holds a license which authorizes
the holder to hunt big game during a  special  archery  season  and  the
regular open season.

S. 2204--A                          7

  5.  A  JUNIOR  SMALL  AND  BIG GAME LICENSEE, AGE FOURTEEN OR FIFTEEN,
SHALL NOT HUNT DEER OR BEAR UNLESS HE OR SHE IS ACCOMPANIED  BY  HIS  OR
HER  PARENT  OR  LEGAL GUARDIAN, OR BY A PERSON EIGHTEEN YEARS OF AGE OR
OLDER WHO HAS HAD AT LEAST ONE YEAR'S  EXPERIENCE  IN  HUNTING  DEER  OR
BEAR,  AND  SUCH ACCOMPANYING PARENT, GUARDIAN OR PERSON HOLDS A LICENSE
WHICH  AUTHORIZES  THE  HOLDER  TO  HUNT  BIG  GAME  DURING  A   SPECIAL
MUZZLE-LOADING SEASON AND THE REGULAR OPEN SEASON.
  S  15. Paragraph g of subdivision 3 of section 11-0901 of the environ-
mental conservation law, as amended by chapter 34 of the laws  of  1979,
is amended to read as follows:
  g.  [Wildlife]  EXCEPT  AS  PROVIDED IN SUBDIVISIONS 15 AND 16 OF THIS
SECTION, WILDLIFE shall not be taken by the use of  a  cross-bow,  by  a
long  bow  drawn,  pulled,  released, or held in a drawn position by any
mechanical device attached to a  portion  of  the  bow  other  than  the
bowstring, or by the use of a device commonly called a spear gun.
  S 16. Subdivision 15 of section 11-0901 of the environmental conserva-
tion  law,  as  amended by chapter 81 of the laws of 1988, is amended to
read as follows:
  15. Notwithstanding any inconsistent provision of  this  section,  the
department  may  [issue a permit to take] ADOPT REGULATIONS TO ALLOW THE
TAKING OF big game or small game by the use of a  bow  equipped  with  a
mechanical  device  for holding and releasing the bowstring, attached to
the handle section of an otherwise legal bow, OR BY THE USE OF A  CROSS-
BOW, to any person WITH A PHYSICAL DISABILITY who is [permanently] phys-
ically  incapable  of  drawing  and  holding a bow because of a physical
[handicap or] disability, subject to such restrictions as the department
may [deem necessary in the interest of public  safety]  ADOPT  BY  REGU-
LATION.    FOR  THE PURPOSE OF THIS SUBDIVISION, "PERSON WITH A PHYSICAL
DISABILITY" SHALL MEAN ANY PERSON WHO SUBMITS TO THE DEPARTMENT A STATE-
MENT OF A PHYSICIAN DULY LICENSED TO PRACTICE MEDICINE THAT SUCH  PERSON
IS  PHYSICALLY  INCAPABLE OF ARM MOVEMENT SUFFICIENT TO RELEASE A BOW AS
DEFINED IN SUBDIVISION 4 OF THIS SECTION  OR  AS  OTHERWISE  DEFINED  IN
DEPARTMENT REGULATION.
  S 17. Subdivision 16 of section 11-0901 of the environmental conserva-
tion  law  is  REPEALED  and  a  new  subdivision 16 is added to read as
follows:
  16. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF  THIS  ARTICLE,  THE
DEPARTMENT MAY, BY REGULATION, AUTHORIZE THE USE OF CROSSBOWS.
  S  18.  This  act shall take effect October 1, 2010, provided that any
regulations necessary for the timely implementation of the provisions of
this act on its effective date shall be promulgated on  or  before  such
date.

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Senate Bill S2204

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Bill Amendments

co-Sponsors

2009-S2204 - Details

2009-S2204 - Summary

2009-S2204 - Sponsor Memo

2009-S2204 - Bill Text download pdf

co-Sponsors

2009-S2204A (ACTIVE) - Details

2009-S2204A (ACTIVE) - Summary

2009-S2204A (ACTIVE) - Sponsor Memo

2009-S2204A (ACTIVE) - Bill Text download pdf

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Senate Bill S2204

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Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Bill Amendments

co-Sponsors

2009-S2204 - Details

2009-S2204 - Summary

2009-S2204 - Sponsor Memo

2009-S2204 - Bill Text download pdf

co-Sponsors

2009-S2204A (ACTIVE) - Details

2009-S2204A (ACTIVE) - Summary

2009-S2204A (ACTIVE) - Sponsor Memo

2009-S2204A (ACTIVE) - Bill Text download pdf

Comments