ENV-21-11-00002-A Hunting with Crossbows and Modified Longbows
8/24/11 N.Y. St. Reg. ENV-21-11-00002-A
NEW YORK STATE REGISTER
VOLUME XXXIII, ISSUE 34
August 24, 2011
RULE MAKING ACTIVITIES
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF ADOPTION
I.D No. ENV-21-11-00002-A
Filing No. 712
Filing Date. Aug. 05, 2011
Effective Date. Aug. 24, 2011
Hunting with Crossbows and Modified Longbows
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Addition of sections 2.3 and 2.4; and repeal of section 170.6 of Title 6 NYCRR.
Statutory authority:
Environmental Conservation Law, sections 11-0303 and 11-1901
Subject:
Hunting with crossbows and modified longbows.
Purpose:
To authorize use of a crossbow during certain big game hunting seasons, and to eliminate the modified archer permit.
Text of final rule:
Adopt a new section 6 NYCRR 2.3 to read as follows:
2.3 Hunting with a crossbow.
(a) Definitions.
(1) "Crossbow Certificate of Qualification" means a certificate, as provided by the Department of Environmental Conservation (DEC or department), signed by the hunter that will be using a crossbow, certifying that he or she has satisfied the department's legal requirements for crossbow training.
(2) "Late muzzleloading season" means a special season in which the muzzleloader is the only firearm permitted and which immediately follows the regular open season for deer or bear, as defined in sections 1.22 and 1.31, respectively, of Part 1 of this Title.
(3) "Unloaded crossbow" means a crossbow with the bolt removed, regardless whether the crossbow is cocked or uncocked.
(4) "Crossbow that is taken down" means a crossbow that has the limbs removed from the stock, or securely fastened in a case, or locked in the trunk.
(b) Purpose. The provisions of this section shall apply to the taking of deer and bear by crossbow pursuant to section 11-0901 of the Environmental Conservation Law.
(1) Training. Hunters may use a crossbow to hunt deer or bear only after they have completed training in the safe use of hunting with a crossbow and responsible crossbow hunting practices. Such training shall include, but not be limited to, the types and parts of a crossbow, cocking and uncocking the crossbow, proper holding and use while afield, and effective shooting range. The department shall post on-line within the department website, and in the New York State Hunting and Trapping Regulations Guide, requirements and directions for completing crossbow training. After completion of the training, the hunter must complete and sign a crossbow certificate of qualification provided by the department.
(2) Open season. Notwithstanding the provisions of subdivision (e) of section 1.22 and subdivision (4) (i) of section 1.31 of this title, crossbows may be used in any big game season in which the use of a shotgun and muzzleloader is permitted and all late muzzleloading seasons.
(3) License requirements. Any person who hunts or takes deer or bear with a crossbow in any big game season in which the use of a shotgun and muzzleloader is permitted or late muzzleloading season must possess, on his or her person:
(i) for New York State residents, a valid resident big game license and, if hunting in a late muzzleloading season, they must possess a muzzleloading season privilege; for nonresidents, a valid nonresident combination or muzzleloading license and when hunting for bear, a nonresident bear privilege; and
(ii) a signed crossbow certificate of qualification from completion of crossbow training as provided by the department.
(4) Valid Tags. Regular season deer tags, deer management permits, deer management assistance permits, bow/muzzleloader season either-sex tags, and bow/muzzleloader antlerless tags are valid for use when hunting deer with a crossbow. A resident bear tag and nonresident bear tag are valid for use when hunting bear with a crossbow.
(5) Other requirements. Except as otherwise provided in this section, the provisions of the Environmental Conservation Law relating to deer and bear hunting, including hunting hours, manner of taking, tagging, reporting, possession, and transporting, shall apply to hunting and taking deer or bear pursuant to this section.
Adopt a new section 6 NYCRR 2.4 to read as follows:
2.4 Authorization to use a longbow equipped with a mechanical device.
(a) Definitions.
(1) "Modified longbow authorization" means department authorization to use a longbow equipped with a mechanical device to take big game or small game pursuant to this section.
(2) "Longbow equipped with a mechanical device" means an otherwise legal longbow, which has been equipped with a mechanical device attached to the handle or riser of the longbow for holding and releasing the bowstring.
(3) "Longbow" means a longbow, recurve bow or compound bow which is designed to be used by holding the bow at arm's length, with arrow on the string, and which is drawn, pulled and released by hand or with the aid of a hand-held trigger device attached to the bowstring.
(4) "Physician Certification" means a signed statement by a physician duly licensed to practice medicine certifying the nature, extent, and term of physical disability that prohibits the hunter from drawing or holding a longbow.
(5) "Bowhunter with a physical disability" means a person who, due to physical disabilities, is incapable of drawing, holding, or releasing a longbow.
(b) A bowhunter with physical disabilities may receive authorization by the department to use a longbow equipped with a mechanical device to take big game or small game. To obtain such modified longbow authorization the bowhunter must:
(1) obtain a modified longbow authorization form that the department shall post on the DEC website and make available in hard copy to anyone who requests one;
(2) complete the modified longbow authorization form, which shall include information from the bowhunter with physical disabilities, including a signed statement from a physician duly licensed to practice medicine. This physician shall certify that the bowhunter is physically incapable of drawing, holding or releasing a longbow because of a physical disability and shall indicate the term of the disability; and
(3) for New York State residents, a valid hunting license to hunt small game, or license to hunt big game with a bowhunting privilege; for nonresidents, a valid nonresident hunting license to hunt small game, or a valid nonresident combination or bowhunting license to hunt big game, and when hunting for bear, a nonresident bear privilege.
(c) Modified longbow authorization forms are subject to the following conditions:
(1) Application must be made on the modified longbow authorization form provided by the department;
(2) The modified longbow authorization form must be in the holder's possession while hunting with a longbow equipped with a mechanical device. The bowhunter shall also be in possession of all other required licenses and permits;
(3) The modified longbow authorization is valid as per the term indicated in the physician's statement;
(4) The department may provide the holder of a previous modified archer permit authorization for use of a modified longbow. This authorization will replace all previous authorization issued for the terms of the certification; and
(5) The holder of the modified longbow authorization form is subject to all other applicable provisions of the Environmental Conservation Law and rules and regulations adopted pursuant thereto.
Repeal existing section 6 NYCRR 170.6, "Permit to use a bow equipped with a mechanical device."
Final rule as compared with last published rule:
Nonsubstantive changes were made in section 2.3(b)(1), (2) and (3).
Text of rule and any required statements and analyses may be obtained from:
Bryan Swift, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4754, (518) 402-8883, email: wildliferegs@gw.dec.state.ny.us
Additional matter required by statute:
A programmatic environmental impact statement is on file with the Department of Environmental Conservation.
Revised Regulatory Impact Statement
Two technical corrections were made to further clarify the regulation and to be consistent with the new law. The first was that a crossbow may be used 'in any big game season in which the use of a shotgun and muzzleloader is permitted'. This will better define the allowable big game seasons for crossbow use including the northern zone early bear, all regular, and the Suffolk County special firearms seasons. The second technical correction was to address some of the actual training and demonstration of features that would be covered in the crossbow fortified sportsman education courses (types and parts a crossbow, cocking and uncocking the crossbow, proper holding and use while afield, effective shooting range). The original Regulatory Impact Statement as published in the Notice of Proposed Rule Making remains valid, and does not need to be amended to reflect the changes made to the text of the regulation. In addition to these technical corrections, we revised some of the punctuation in the new regulation for greater consistency throughout.
Revised Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
Two technical corrections were made to further clarify the regulation and to be consistent with the new law. The first was that a crossbow may be used 'in any big game season in which the use of a shotgun and muzzleloader is permitted.' This will better define the allowable big game seasons for crossbow use including the northern zone early bear, all regular, and the Suffolk County special firearms seasons. The second technical correction was to address some of the actual training and demonstration of features that would be covered in the crossbow fortified sportsman education courses (types and parts a crossbow, cocking and uncocking the crossbow, proper holding and use while afield, effective shooting range). The original Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement as published in the Notice of Proposed Rule Making remains valid, and does not need to be amended to reflect the changes made to the text of the regulation.
Assessment of Public Comment
The Department of Environmental Conservation (DEC or department) received a total of 42 public comments, most of which expressed support for the proposed rule making. The department has prepared "Frequently Asked Questions" (FAQs) in response to some of the more common comments on the regulation. These FAQs are posted on the DEC website (http://www.dec.ny.gov/outdoor/68802.html), and a summary of the substantive comments and the department's response follows:
Comment:
The crossbow should be legal for all hunters in all seasons, or the regulation should allow all permanently disabled hunters, hunters who are unable to draw a legal bow, hunters who are 65 years of age or older, or hunters who have a certified physician's statement regarding their disability, to use a crossbow in any season.
Response:
The department acknowledges support for the use of crossbows for hunting during all seasons in which other bowhunting equipment is allowed. However, the new legislation (ECL § 11-0901 sub 17) specifically set the allowable seasons for crossbow use and clarifies under what circumstances a crossbow may be used. The department is obligated to adopt regulations necessary to implement the law as written.
Comment:
Crossbows should not be allowed in a traditional archery season. They should only be allowed in a gun or muzzleloading season.
Response:
In accordance to the new legislation, the use of a crossbow will only be allowed during any big game season in which the use of a shotgun and muzzleloader is permitted and all late muzzleloading seasons. It cannot be used during a bowhunting season or with a bowhunting privilege.
Comment:
More rigorous training and certification should be required of all persons who hunt with a crossbow, including those who may have already completed the standard firearms and/or bowhunting sportsman education courses.
Response:
The new legislation authorizes the department to specify the training required of persons who wish to hunt with a crossbow. The department considered requiring every crossbow hunter to attend a special crossbow hunting course. However, this would place a tremendous burden on many thousands of hunters and would overwhelm our volunteer instructors who would have to meet this demand in addition to providing basic hunter education to new hunters.
There were suggestions of a more rigorous on-line training and testing system with electronic certification, as other states have used and incorporated into their sportsman education courses. However, the time and cost required to develop and implement this would be prohibitive and may have limited utility since the legislation is scheduled to expire at the end of 2012.
The department will modify the sportsman education program to include responsible crossbow use and safety training. The current program training manual includes a section on crossbow use. Sportsman education instructors are also being provided with a crossbow instruction lesson plan, optional use of crossbows for training demonstration, and the availability of informational material, as handouts, from the North American Crossbow Federation on crossbow safety and responsible use.
Comment:
The proposed regulation does not adequately describe how training in safe and responsible crossbow hunting will be incorporated into basic hunter education for new hunters.
Response:
We added language to the regulation specifying that crossbow training shall include, but is not limited to, the types and parts of a crossbow, cocking and uncocking the crossbow, proper holding and use while afield, and effective shooting range. A more detailed description of the training is not a necessary to include in the regulation, as such information is not included for other hunter education training, and doing so could limit our flexibility in developing and refining materials for crossbow training and certification.
Although the program content is not described in detail in the regulation, the department has notified hunter education instructors of the legislative requirement for teaching of safe and responsible crossbow hunting. Our current standard sportsman education program now has a section on crossbow safety that will be covered in all basic hunter education classes. The training manual provided to all students, Today's Hunter, includes a section on "Know Your Crossbow". A crossbow safety lesson plan has been provided to the instructors to ensure that their coverage of the subject complies with the intent of the new legislation. The department is currently in the process of purchasing crossbows for distribution to our instructors so that they may effectively demonstrate the safety features common to many modern crossbows. In addition, the department has permission from the North American Crossbow Federation to offer copies of their "Crossbow 101" video information on safe and responsible use of crossbow to any course attendees.
The department is confident that our hunter education instructors will be well equipped to teach a module on the safe use of crossbows, as required by the new law.
Comment:
Use of crossbows is a safety hazard to DEC officials and other law enforcement while afield.
Response:
The department is not aware of any unique hazards a crossbow will present to department staff while in the field. Sportsmen who use a crossbow to hunt big game in New York will need to abide by the same rules and regulations set forth in the ECL and annual hunting regulations guide while transporting and while afield with a crossbow.
Comment:
The proposed regulations require only that a hunter complete the "modified longbow authorization form", whereas the law requires submission of a physician's statement to DEC.
Response:
The department concluded that this requirement would be reasonably met by requiring those hunters to obtain and carry a signed statement from a physician confirming his or her disability. A hunter using a modified longbow would have to carry this statement of eligibility whenever afield, and would have to present (i.e., submit) this to any Environmental Conservation Officer as proof of compliance. Requiring all disabled hunters who use a modified longbow to submit a copy of their physician's statement or authorization (by mail or other means) was an unnecessary burden on those hunters that would serve no additional purpose beyond enforcement.
Note:
In addition to public comments that were received, the department recognized that the proposed rule needed a technical correction to further clarify when a crossbow may be used. To be consistent with the law, this correction has included the use of a crossbow "in any big game season in which the use of a shotgun and muzzleloader is permitted". This will better define the allowable big game seasons for crossbow use including the Northern Zone early bear, all regular, and the Suffolk County special firearms seasons.
