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A00238 Summary:

BILL NOA00238
 
SAME ASSAME AS S01721
 
SPONSORGunther
 
COSPNSRLupardo, Woerner, Steck, Santabarbara, Buttenschon, Lemondes, Barrett, Palmesano
 
MLTSPNSR
 
Amd 11-0701, 11-0703, 11-0901, 11-0903, 11-0929, 11-0931 & 11-0933, rpld 11-0713 sub 6, 11-0901 sub 3 c sub 3, subs 11 & 16, 11-0907 sub 10, 11-0929 sub 2 b sub 5, En Con L
 
Authorizes the taking of wildlife by the use of a crossbow; makes related provisions.
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A00238 Actions:

BILL NOA00238
 
01/06/2021referred to environmental conservation
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A00238 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A238
 
SPONSOR: Gunther
  TITLE OF BILL: An act to amend the environmental conservation law, in relation to crossbows; and to repeal certain provisions of such law relating thereto   PURPOSE: To clarify that the taking of deer, bear, small game, fish and wild upland game birds by crossbow is akin to the taking of such game by a longbow; removes restrictions related to the maximum peak draw weight and minimum limb width; establishes parity in relation to the minimum distance with which a crossbow could be discharged from an occupied structure consistent with that of a longbow; clarifies use of a crossbow in relation to the hunter safety course be presented as part of the bow hunter education course; and permits the use of a crossbow by youth hunters 12 and 13 years of age.   SUMMARY OF PROVISIONS: Section 1 - amends ECL 11-0701 to permit the taking of fish by crossbow; removes language prohibiting the use of a crossbow by 12 and 13 year olds in relation to the holder of a hunting license with a bow hunting privilege; codifies that a crossbow be included within the bow hunting privilege on a hunting license which authorizes the taking of wild deer or bear; permits a non-resident to hunt bear with a crossbow so long as the non-resident holder also possesses a hunting license with a bow hunting privilege; removes the term crossbow from language governing a muzzle-loading privilege. Section 2 - amends ECL 11-0703 to codify that the hunting of deer and bear by crossbow be included with long bows regarding the special arch- ery season. Section 3 - repeals ECL 11-0713 subdivision 6, which requires training in the safe use of hunting with a crossbow as part of the basic hunter education course for new hunters. Sections 4 and 5 - amends ECL 11-0901 to permit the use of crossbows to take wild game and wild upland birds and remove the provision that crossbows may be used only by those 14 years of age and older. Sections 6 and 7 - amends ECL 11-0901 to remove the maximum peak draw weight requirement of 200 pounds in relation to the use of a crossbow and minimum limb width of such crossbow to be seventeen inches for both the taking of deer and bear. Codifies the taking of deer and bear with a crossbow within the provision related to the possession of a bow hunting privilege. Section 8 - repeals ECL 11-0901 subdivisions 11 and 16 restricting the carrying of a longbow afield which is equipped with a mechanical device used to draw, hold or release the bow string or arrow and the issuance of a permit to take big game or small game by use of crossbow equipped with an apparatus which releases the bowstring by means of such person's breath, respectively. Section 9 - amends ECL 11-0903 to permit-DEC to promulgate regulations on the taking of wildlife by the use of a crossbow. The summary of such regulations must be published annually in the hunting syllabus. Section 10 - repeals ECL 11-0907 subdivision 10, which provided for a limited crossbow season. Section 11 - amends ECL 11-0929 to permit 12 and 13 year olds to hunt with a crossbow so long as they are supervised by a parent or legal guardian, or by a person 21 years of age or older who is designated by the parent or guardian and holds a hunting license. Section 12 - amends ECL 11-0929 removes the provision that the minor hunter and his or her chaperone remain at ground level while hunting. Section 13 - amends ECL 11-0931 to reduce, in relation to the discharge of a crossbow in proximity to a dwelling or generally occupied struc- ture, from 200 feet to 150 feet. Section 14 - amends ECL 11-0933 to permit the use of a crossbow, for the taking of small game and wild upland game birds, to include any licensed person ages 12 and older. Makes a technical change to remove references to the use of a crossbow in areas where shotgun or muzzle loaders are permitted. Section 15 - sets forth an immediate effective date.   JUSTIFICATION: Crossbow hunting in New York State has proven to be a safe and effective option for many hunters since their use was first authorized in 2014. Unfortunately, for crossbow users the hunting season has been adversely impacted due to the current statutory restrictions which do not recog- nize the correlation of the crossbow with that of conventional bows. The crossbow contains limbs and strings which are used to propel an arrow, the same as that of a compound bow and long bow. Importantly, the Federal government, via the Internal Revenue Service, has classified crossbows, accessories attached to them and their arrows as archery equipment subject to the archery excise tax. This legislation rightfully identifies hunters' use of a crossbow to be in sync with the privileges afforded to those which hunt with a conven- tional bow, thereby providing for additional hunting opportunities which will ultimately help properly manage wildlife populations and stimulate the economy of our great State.   LEGISLATIVE HISTORY: 2019-20: A3677 referred to Environmental Conservation/S538 referred to Environmental Conservation 2017-18: A479A referred to Environmental Conservation/S1386A referred to Environmental Conservation 2015-16: S.7005/A.9623 Referred to Environmental Conservation (both houses)   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A00238 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           238
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  M. of A. GUNTHER, LUPARDO, WOERNER, STECK, SANTABARBARA,
          BUTTENSCHON -- read once and referred to  the  Committee  on  Environ-
          mental Conservation
 
        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          crossbows; and to repeal certain provisions of such law relating ther-
          eto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  a  of  subdivision 1, the closing paragraph of
     2  paragraph a of subdivision 2, paragraphs  1  and  2  of  subdivision  3,
     3  subdivision  5 and subdivision 9 of section 11-0701 of the environmental
     4  conservation law, paragraph a of subdivision 1 as amended by section  21
     5  and  subdivision  9 as amended by section 17 of part EE of chapter 55 of
     6  the laws of 2014, the closing paragraph of paragraph a of subdivision 2,
     7  paragraphs 1 and 2 of subdivision 3 and  subdivision  5  as  amended  by
     8  section  1-a of part R of chapter 58 of the laws of 2013, are amended to
     9  read as follows:
    10    a. entitles a holder who is twelve or thirteen years of  age  to  hunt
    11  wildlife,  except  big  game,  as  provided  in  title 9 of this article
    12  subject, specifically, to the provisions  of  section  11-0929  of  this
    13  article.  It  entitles  such  holder  to possess firearms as provided in
    14  section 265.05 of the penal law. [A holder who  is  twelve  or  thirteen
    15  years of age shall not hunt with a crossbow.]
    16    A  holder  may  take  fish  with  a longbow or crossbow as provided in
    17  titles 9 and 13 of this article.
    18    (1) who is between the ages of twelve and sixteen years to  hunt  wild
    19  deer  and  bear  with  a  longbow or crossbow during the special archery
    20  season and during the regular season, as provided in  title  9  of  this
    21  article,  subject to the provisions of section 11-0929 and subdivision 3
    22  of section 11-0713 of this article;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02627-01-1

        A. 238                              2
 
     1    (2) who is eighteen years of age or older to hunt wild deer  and  bear
     2  with a longbow or crossbow, as provided in title 9 of this article, in a
     3  special [longbow] archery season; and
     4    5.  A non-resident bear tag entitles a person who has not been a resi-
     5  dent of the state for more than thirty days who also possesses a hunting
     6  license to hunt bear during the regular open season therefor  or  in  an
     7  open season fixed by regulation pursuant to subdivision eight of section
     8  11-0903  of  this  article.  It  entitles a non-resident holder who also
     9  possesses a hunting license with bowhunting privilege to hunt bear  with
    10  a longbow or crossbow during the open bear season. It entitles a non-re-
    11  sident  holder  who also possesses a hunting license with muzzle-loading
    12  privilege to hunt bear with a muzzleloader during the open bear season.
    13    9. A muzzle-loading privilege when included on a hunting license enti-
    14  tles a holder who is fourteen years of age or older to  hunt  wild  deer
    15  and  bear  with  a  muzzle-loading firearm [or crossbow], as provided in
    16  title 9 of this article, in a special muzzle-loading firearm season.
    17    § 2. Paragraph b of subdivision 6 of section 11-0703 of  the  environ-
    18  mental conservation law, as amended by section 2 of part R of chapter 58
    19  of the laws of 2013, is amended to read as follows:
    20    b.  Except  as provided in section 11-0707 and section 11-0709 of this
    21  title, no person shall (1) hunt wild deer or  bear  unless  such  person
    22  holds  and  is entitled to exercise the privileges of a hunting license,
    23  and meets the requirements of this article; (2) hunt wild deer  or  bear
    24  with  a longbow or crossbow in a special [longbow] archery season unless
    25  such person holds and is entitled to exercise the privileges of a  hunt-
    26  ing  license  with  a bowhunting privilege and meets the requirements of
    27  this article; or (3) hunt  wild  deer  or  bear  with  a  muzzle-loading
    28  firearm in a special muzzle-loading firearm season unless such person is
    29  at  least  fourteen years old and holds a hunting license with a muzzle-
    30  loading privilege and meets the requirements of this article.
    31    § 3. Subdivision 6 of section 11-0713 of the  environmental  conserva-
    32  tion law is REPEALED.
    33    § 4. Subparagraph 3 of paragraph c of subdivision 3 of section 11-0901
    34  of the environmental conservation law is REPEALED.
    35    §  5.  Paragraph c of subdivision 3 of section 11-0901 of the environ-
    36  mental conservation law, as amended by section 19 of part EE of  chapter
    37  55 of the laws of 2014, is amended to read as follows:
    38    c.  Wild  small game and wild upland game birds shall be taken only by
    39  longbow, crossbow or gun, or by the use of raptors as provided in  title
    40  10 of this article, except that:
    41    (1) skunk, raccoon, bobcat, coyote, fox, mink and muskrat may be taken
    42  in  any manner not prohibited in this section or in title 11 of the Fish
    43  and Wildlife Law; and
    44    (2) frogs may also be taken by spearing, catching with the  hands,  or
    45  by the use of a club or hook[; and].
    46    §  6.  Subparagraph 9 of paragraph b and subparagraph 9 of paragraph c
    47  of subdivision 4 of section 11-0901 of  the  environmental  conservation
    48  law,  subparagraph  9  of paragraph b as added by section 6 and subpara-
    49  graph 9 of paragraph c as added by section 7 of part EE of chapter 55 of
    50  the laws of 2014, are amended to read as follows:
    51    (9) with a crossbow unless such crossbow shall consist of  a  bow  and
    52  string,  either  compound  or  recurve, that launches a minimum fourteen
    53  inch [bolt] arrow, not including point, mounted  upon  a  stock  with  a
    54  trigger  that  holds  the string and limbs under tension until released.
    55  The trigger unit of such crossbow must have a working safety. The [mini-
    56  mum limb width of such crossbow shall be seventeen inches, have a] mini-

        A. 238                              3
 
     1  mum peak draw weight [of] shall be one hundred  pounds  [and  a  maximum
     2  peak  draw  weight of two hundred pounds]. The minimum overall length of
     3  such crossbow from buttstock to front  of  limbs  shall  be  twenty-four
     4  inches.
     5    (9)  with  a  crossbow unless such crossbow shall consist of a bow and
     6  string, either compound or recurve, that  launches  a  minimum  fourteen
     7  inch  [bolt]  arrow,  not  including  point, mounted upon a stock with a
     8  trigger that holds the string and limbs under  tension  until  released.
     9  The trigger unit of such crossbow must have a working safety. The [mini-
    10  mum limb width of such crossbow shall be seventeen inches, have a] mini-
    11  mum  peak  draw  weight  [of] shall be one hundred pounds [and a maximum
    12  peak draw weight of two hundred pounds]. The minimum overall  length  of
    13  such  crossbow  from  buttstock  to  front of limbs shall be twenty-four
    14  inches.
    15    § 7. Subdivision 13 of section 11-0901 of the environmental  conserva-
    16  tion  law,  as amended by section 23 of part R of chapter 58 of the laws
    17  of 2013, is amended to read as follows:
    18    13. Persons engaged in hunting deer and/or bear with a  longbow  or  a
    19  crossbow  must possess a current bowhunting privilege or a valid certif-
    20  icate of qualification in responsible  bowhunting  practices  issued  or
    21  honored by the department.
    22    §  8.  Subdivisions  11 and 16 of section 11-0901 of the environmental
    23  conservation law are REPEALED.
    24    § 9. Section 11-0903 of the environmental conservation law is  amended
    25  by adding a new subdivision 12 to read as follows:
    26    12.  Notwithstanding  any  inconsistent provision of this article, the
    27  department is authorized to adopt regulations which authorize the taking
    28  of wildlife by the use of crossbow. A  summary  of  regulations  adopted
    29  pursuant to this subdivision shall be published each year in the hunting
    30  syllabus issued pursuant to section 11-0323 of this article.
    31    § 10. Subdivision 10 of section 11-0907 of the environmental conserva-
    32  tion law is REPEALED.
    33    §  11. Subdivision 1 of section 11-0929 of the environmental conserva-
    34  tion law, as amended by section 20 of part EE of chapter 55 of the  laws
    35  of 2014, is amended to read as follows:
    36    1.  A  licensee  who is twelve or thirteen years of age shall not hunt
    37  wildlife with a gun, crossbow or a longbow unless he or she is  accompa-
    38  nied  by  his or her parent or legal guardian, or by a person twenty-one
    39  years of age or older designated in writing by  his  or  her  parent  or
    40  legal guardian on a form prescribed by the department, who holds a hunt-
    41  ing  license.  [A  licensee who is twelve or thirteen years of age shall
    42  not hunt with a crossbow.]
    43    § 12. Subparagraph 5 of  paragraph  b  of  subdivision  2  of  section
    44  11-0929  of the environmental conservation law is  REPEALED and subpara-
    45  graph 6 is renumbered subparagraph 5.
    46    § 13. Subparagraph 2 of paragraph a and subparagraph 1 of paragraph  b
    47  of  subdivision  4  of section 11-0931 of the environmental conservation
    48  law, as amended by section 8 of part EE of chapter 55  of  the  laws  of
    49  2014, are amended to read as follows:
    50    (2)  discharge  a  firearm within five hundred feet, a long bow within
    51  one hundred fifty feet, or a crossbow within  [two]  one  hundred  fifty
    52  feet  from  a  dwelling  house, farm building or farm structure actually
    53  occupied or used, school building, school playground, public  structure,
    54  or occupied factory or church;
    55    (1) The owner or lessee of the dwelling house, or members of his imme-
    56  diate  family  actually  residing therein, or a person in his employ, or

        A. 238                              4
 
     1  the guest of the owner or lessee of the dwelling house acting  with  the
     2  consent  of  said owner or lessee, provided however, that nothing herein
     3  shall be deemed to authorize such persons to discharge a firearm  within
     4  five hundred feet, a long bow within one hundred fifty feet, or a cross-
     5  bow  within [two] one hundred fifty feet of any other dwelling house, or
     6  a farm building or farm structure actually occupied or used, or a school
     7  building or playground, public structure, or occupied factory or church;
     8    § 14. Section 11-0933 of the environmental conservation law, as  added
     9  by  section  22 of part EE of chapter 55 of the laws of 2014, is amended
    10  to read as follows:
    11  § 11-0933. Taking small game by crossbow.
    12    Notwithstanding any provision of this chapter, or any  prior  notwith-
    13  standing  language  in  this article, the department may, by regulation,
    14  authorize the taking of small game and wild upland game birds by the use
    15  of a crossbow by any licensed person [fourteen] twelve years of  age  or
    16  older,  in  any small game season[, in any area designated in items (a),
    17  (b), (c), (d), (e), (f), (i), (k), and (l) of paragraph a of subdivision
    18  two of section 11-0907 of this title in which a shotgun or muzzle loader
    19  is permitted].
    20    § 15. This act shall take effect immediately.
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