PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of section 180.3 of Title 6 NYCRR.
Statutory authority:
Environmental Conservation Law, sections 11-0303 and 11-0901
Subject:
Big bore air rifles.
Purpose:
To allow big bore air rifles as legal implements for hunting big game.
Text of proposed rule:
Repeal existing 6 NYCRR section 180.3 and adopt new 6 NYCRR section 180.3 to read as follows:
180.3 Definition and use of firearm, gun, airgun, and big bore air rifle
For the purposes of the Fish and Wildlife Law and this Title:
(a) The terms firearm or gun shall mean any rifle, pistol, shotgun or muzzleloading firearm which by force of gunpowder, or an airgun as defined in subdivision (b) of this section or a big bore air rifle as defined in subdivision (c) of this section, that expels a missile or projectile capable of killing, wounding or otherwise inflicting physical damage upon fish, wildlife or other animals.
(b) The term airgun shall mean any implement which by the force of a spring, air or other non-ignited compressed gas expels a projectile 0.17 caliber (17/100 of an inch in diameter) or larger, having a rifled or smooth barrel, producing projectile velocities of not less than 600 feet per second. For the purposes of the Fish and Wildlife Law, an implement meeting the above specifications shall be considered a firearm or gun, and may be used to take wildlife that may legally be taken with a rimfire rifle.
(c) The term big bore air rifle shall mean any implement which by the force of a spring, air or other non-ignited compressed gas expels a projectile and has a rifled barrel, using ammunition 0.30 caliber (30/100 of an inch in diameter) or larger, producing projectile velocities of not less than 650 feet per second. For the purposes of the Fish and Wildlife Law, an implement meeting the above specifications shall be considered a firearm or gun, and may be used to take big game or wildlife that may legally be taken with a rimfire rifle.
(d) The term taken down shall mean:
(1) separating the action from the barrel of a long gun which is designed to be dismantled without the use of tools; and
(2) rendering inoperable a long gun which is not designed to be dismantled without tools, so as to require tools to restore such long gun to an operable condition. A bolt action firearm with the bolt removed shall not be considered “taken down” unless it is otherwise dismantled as provided in this subdivision.
(e) Pistol means a firearm intended to be aimed and fired with one hand, and having a barrel length not exceeding 16 inches.
Text of proposed rule and any required statements and analyses may be obtained from:
Joe Racette, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4754, (518) 402-8933, email: wildliferegs@dec.ny.gov
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Additional matter required by statute:
A programmatic environmental impact statement is on file with the Department of Environmental Conservation.
This rule was not under consideration at the time this agency submitted its Regulatory Agenda for publication in the Register.
Regulatory Impact Statement
1. Statutory authority:
Section 11-0303 of the Environmental Conservation Law (ECL) directs the Department of Environmental Conservation (department) to develop and carry out programs that will maintain desirable species in ecological balance, and to observe sound management practices. This directive is to be met with regard to: ecological factors, the compatibility of production and harvest of wildlife with other land uses, the importance of wildlife for recreational purposes, public safety, and protection of private premises. Environmental Conservation Law 11-0303 grants the department authority to efficiently manage fish and wildlife resources of the State.
2. Legislative objectives:
The legislative objectives behind the statutory provisions listed above are to authorize the department to establish, by regulation, certain basic wildlife management tools, including hunting. Periodically, the department adjusts its hunting regulations in response to changes in hunting technology. By doing so, wildlife management tools are kept up to date.
3. Needs and benefits:
The department proposes to allow the use of air powered firearms or guns for use in hunting big game. The popularity of these firearms is growing, largely because of technological advancements. These modern firearms are sophisticated and efficient at harvesting big game species.
Environmental Conservation Law section 11-0901 states that small game may only be taken with a longbow or gun. However, a “gun” is not defined in the ECL or in 6 NYCRR section 180.3 (“Definition of Firearms”) so hunters do not have clear legal guidance allowing the use of air-powered firearms. The department proposes adding language to 6 NYCRR section 180.3 to allow the use of air-powered firearms for hunting big game by defining the term “big bore air rifle.” The Department previously (2010) amended this regulation to clearly allow the use of air-powered firearms for hunting small game.
Air-powered firearms are powered in one of three ways: (1) CO2 cartridges; (2) spring or lever-action to compress air in an internal cylinder; (3) a pneumatic pump to compress air in an internal cylinder. Air-powered firearms designed for big game (“big bore air rifles”) are available commercially, and they fire bullets that are 0.30 inches (0.30 caliber) or larger in diameter at sufficient velocities to safely and efficiently harvest big game at ranges of about 100 yards or less. The Department proposes a clear definition of “big bore air rifle” that must produce projectile velocities of not less than 650 feet per second, and fire projectiles that are no smaller than 0.30 inches (0.30 caliber) in diameter. This technical requirement will ensure that big bore air rifles have adequate downrange energy to effectively harvest New York big game species at commonly encountered ranges (100 yards and less).
Because big bore air rifles are not as loud as a conventional rifle or shotgun, it is possible that allowing their use may make it more acceptable to use them in locations with higher human densities than New York’s rural countryside. Since a big bore air rifle is about as loud as a 0.22 caliber rimfire, it could enhance the ability of hunters to take deer where they are overabundant. By defining and allowing the use of big bore air rifles for hunting big game, New York hunters will have a modest increase in hunting opportunity. Also, with the growth in popularity of these firearms reflected in increased production by manufacturers, there could also be a modest increase in economic activity associated with this proposed change in New York’s hunting regulations.
4. Costs:
None, beyond normal administrative costs.
5. Local government mandates:
There are no local governmental mandates associated with this proposed regulation.
6. Paperwork:
No additional paperwork is associated with this proposed regulation.
7. Duplication:
There are no other regulations similar to this proposal.
8. Alternatives:
The only alternative considered was the “no action” alternative. However, the Department decided that an expansion of the use of air-powered firearms would provide a modest amount of additional opportunity for big game hunters.
9. Federal standards:
There are no federal standards pertaining to the use of air-powered firearms.
10. Compliance schedule:
Hunters will be able to comply with this regulation upon adoption during the 2015-2016 hunting season.
Regulatory Flexibility Analysis
The proposed regulation has no effect on small businesses or local governments. It simply clarifies that air-powered firearms or guns may be used for big game hunting pursuant to Environmental Conservation Law section 11-0901. Therefore, the Department of Environmental Conservation has determined that a Regulatory Flexibility Analysis for Small Businesses and Local Governments is not needed.
Rural Area Flexibility Analysis
The proposed regulation has no effect on rural areas. It simply clarifies that air-powered firearms or guns may be used for big game hunting pursuant to Environmental Conservation Law section 11-0901. Therefore, the Department of Environmental Conservation has determined that a Rural Area Flexibility Analysis is not needed.
Job Impact Statement
The proposed regulation does not affect jobs. It simply clarifies that air-powered firearms or guns may be used for big game hunting pursuant to Environmental Conservation Law section 11-0901. Therefore, the Department of Environmental Conservation has determined that a Job Impact Statement is not needed.
