To authorize use of a crossbow during certain big and small game hunting seasons.
Text of final rule:
Amend subdivision 6 NYCRR 1.11(d) as follows:
(d) Other requirements.
(1) During the regular season in Westchester and Suffolk Counties, white-tailed deer may only be taken by longbow.
(2) During all seasons in Wildlife Management Units 4J and 8C, white-tailed deer may only be taken by longbow.
(3) During the youth firearms season, junior bowhunters, hunting pursuant to a junior bowhunting license, may only take deer by longbow. Junior hunters, hunting pursuant to a junior hunting license, may take deer with a firearm [or crossbow].
(4) During the youth firearms season, junior hunters may take only one deer, of either sex, by use of a firearm.
(5) Any youth participating in the youth firearms season shall be accompanied by an adult as required by Environmental Conservation Law § 11-0929. An adult who is accompanying a junior hunter during the youth firearms season, may not possess a firearm, longbow or crossbow and shall not be actively engaged in any other hunting.
[(5)](6) It is unlawful for any person to hunt or take a deer during the muzzleloading deer season except with a muzzleloading firearm capable of being loaded with only one charge or a crossbow.
[(6)](7) During the Northern Zone muzzleloading season, the types of deer that may be legally harvested, the open Wildlife Management Units (WMUs) as described in section 4.1 of this Part are as set forth below.
Open WMUs for harvest of deer of either sex
Open WMUs for harvest only of antlerless deer or deer having both antlers less than three inches in length
(b) General Provisions. The provisions of this section shall apply to the taking of antlerless deer, as described below in subdivision 1.30(e), by longbow, crossbow, muzzleloader or firearm pursuant to a DMAP as provided by Environmental Conservation Law (ECL) section 11-0903, subdivision 11. The general provisions contained in articles 11 and 71 of the ECL, except as otherwise noted herein, relating to hunting hours, the manner of taking, tagging, possession, transporting, reporting and other hunting regulations, shall apply to the hunting and taking of antlerless deer pursuant to this section.
Amend subparagraph 6 NYCRR 1.31 (b)(3)(i) and (ii) as follows:
(i) Any person who hunts or takes bear during bowhunting season must possess a license and carcass tag valid to hunt big game granting special bowhunting season privileges, except as described in subparagraph 2.3(e)(3)(iv) of this title.
(ii) Any person participating in the bowhunting bear hunting season may not have in his or her possession, or be accompanied by a person who has in his or her possession, any hunting implement other than a legal longbow, except as described in subparagraph 2.3(e)(3)(iii) of this title.
Amend subparagraph 6 NYCRR 1.40 (c)(3)(ii) as follows:
(ii) Supervision. Any youth participating in the spring youth hunt for wild turkey shall be accompanied by an adult as required by Environmental Conservation Law § 11-0929. An adult who is accompanying a youth hunter pursuant to this section shall possess a valid hunting license and turkey permit. An adult who is accompanying a youth hunter may call for and otherwise assist the youth hunter, but shall not carry a firearm, crossbow, or longbow or kill a wild turkey during the youth hunt.
Amend paragraph 6 NYCRR 1.40 (f)(2) as follows:
(2) A permittee may hunt turkey with a long, recurve or compound bow or crossbow.
Amend 6 NYCRR, Part 2, entitled “More Than One Species,” as follows:
Delete heading above Section 2.1 of 6 NYCRR Part 2, which reads “Deer and Bear”.
Repeal existing section 6 NYCRR 2.3 and adopt a new section 2.3 as follows:
2.3 Hunting with a crossbow.
(a) Definitions.
(1) “Crossbow” means a bow and string, either compound or recurve, that launches a bolt or arrow, mounted upon a stock with a trigger that holds the string and limbs under tension until released.
(2) “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.
(b) Purpose. The provisions of this section shall apply to the taking of deer, bear, small game and upland game birds by crossbow pursuant to sections 11-0713, 11-0901, 11-0907, 11-0929 and 11-0933 of the Environmental Conservation Law.
(c) Specifications.
(1) Crossbows must have a minimum limb width of seventeen inches when uncocked and measured from the outer limb tips and a minimum length of twenty-four inches measured from the butt-stock to the front of the limbs.
(2) The peak draw weight shall be a minimum of one hundred pounds and a maximum of two hundred pounds.
(3) Crossbow triggers must have a working safety.
(4) Crossbow bolts or arrows must be a minimum of fourteen inches, not including the point or broadhead.
(d) Training. Hunters may use a crossbow to hunt wildlife, or act as a mentor for a junior hunter using a crossbow, only after they have completed training that includes at a minimum instruction in the types and parts of a crossbow, cocking and uncocking the crossbow, proper holding and use while afield, and effective shooting range. Such training shall be completed either through:
(1) a Standard Hunter Education course offered by DEC on or after April 1, 2014; or
(2) a DEC-approved on-line or other training program in the safe use of hunting with a crossbow and responsible crossbow hunting practices. The department shall post on DEC’s 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 and any mentor must complete and sign a crossbow certificate of qualification provided by the department. Hunters or mentors who have not attended a Standard Hunter Education course on or after April 1, 2014 must carry this signed self-certification in the field when hunting with a crossbow as proof of compliance.
(e) Hunting with a crossbow.
(1) Crossbows may only be used by hunters 14 years of age or older.
(2) Small game and upland game birds (including wild turkey) may be taken with a crossbow in accordance with the provisions of sections 1.40, 2.20 and 2.25 of this title, except that crossbows may not be used in Nassau, Suffolk, or Westchester counties.
(3) Deer and bear may be taken with a crossbow in accordance with the provisions of sections 1.11 and 1.31 of this title and the following:
(i) Crossbows may be used to take deer during the regular and muzzleloader seasons in the Northern Zone and during the regular and late muzzleloader seasons in the Southern Zone, as described in Section 1.11 of this title.
(ii) Crossbows may be used to take bear during the early and regular bear seasons in the Northern and Southern bear ranges, during the early muzzleloading season in the Northern bear range, and during the late muzzleloading season in the Southern bear range, as described in Section 1.31 of this title.
(iii) Crossbows may be used to take deer or bear during the last ten days of the early bowhunting season in the Northern Zone (same as Northern bear range) and during the last fourteen days of the early bowhunting season in the Southern Zone (same as Southern bear range).
(iv) Hunters must possess a muzzleloading hunting privilege to hunt deer or bear with a crossbow during any muzzleloader season or during open portions of the early bowhunting seasons.
Amend subparagraph 6 NYCRR 2.25 (b)(3)(i) as follows:
(i) Eligibility. In addition to the open seasons set forth in this subdivision, licensed junior hunters (12-15 years of age), accompanied by an adult in accordance with section 11-0929 of the Environmental Conservation Law, may take pheasants on special Youth Pheasant Hunting Days, as specified in this paragraph. Any adult who is accompanying a youth hunter pursuant to this section shall possess a valid hunting license, but shall not carry a firearm, crossbow or longbow or kill a pheasant during the youth hunt.
Final rule as compared with last published rule:
Nonsubstantive changes were made in section 2.3(e)(2).
Text of rule and any required statements and analyses may be obtained from:
Bryan Swift, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY, 12233-4754, (518) 402-8833, email: WildlifeRegs@dec.ny.gov
Revised Regulatory Impact Statement
The change made to the text of the adopted rule involved a technical correction, removal of the word “mammal” when referencing hunting small game with a crossbow in 6 NYCRR 2.3 (e)(2). 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.
Revised Regulatory Flexibility Analysis
The change made to the text of the adopted rule involved a technical correction, removal of the word “mammal” when referencing hunting small game with a crossbow in 6 NYCRR 2.3 (e)(2). The original Regulatory Flexibility Analysis for Small Businesses and Local Governments 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.
Revised Rural Area Flexibility Analysis
The change made to the text of the adopted rule involved a technical correction, removal of the word “mammal” when referencing hunting small game with a crossbow in 6 NYCRR 2.3 (e)(2). The original Rural Area Flexibility Analysis 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.
Revised Job Impact Statement
The change made to the text of the adopted rule involved a technical correction, removal of the word “mammal” when referencing hunting small game with a crossbow in 6 NYCRR 2.3 (e)(2). The original 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.
Initial Review of Rule
As a rule that does not require a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2019, which is no later than the 5th year after the year in which this rule is being adopted.
Assessment of Public Comment
This rule making was necessary to implement provisions of legislation enacted as part of the NYS budget bill on March 31, 2014. The Department of Environmental Conservation (DEC or department) received approximately 500 public comments which almost universally focused on the writer’s support or opposition to use of crossbows during bowhunting seasons for deer. DEC also received roughly 4,900 form letters organized by In Defense of Animals that requested crossbows be banned for hunting in New York, an action that was contrary to the intent of the legislation and outside the scope of this rule making.
A summary of the substantive comments and the department’s response follows:
Comment: Many writers expressed support for the renewed crossbow authorization with most of those also suggesting that crossbows should be allowed during the entire bowhunting season for deer. Some indicated that the regulation should allow all permanently disabled hunters, hunters who are unable to draw a legal bow, junior hunters, hunters who are 65 years of age or older, hunters who have a certified physician’s statement regarding their disability, or hunters who obtain authorization to use a modified long bow, to use a crossbow in any season. Several writers offered alternative season or tag structures to accommodate crossbow use for deer hunting or indicated that crossbows should be allowed during the Youth Deer Hunt weekend.
Response: The new legislation (ECL § 11-0907 subdivision 10) specifically set the allowable seasons for crossbow use and explicitly defined the minimum age for crossbow use and the circumstances under which a crossbow may be used. The department is obligated to adopt regulations in accordance with the law as written, and the proposed rule authorized use of crossbows to the maximum extent allowed by the Legislature. The department’s position on crossbow use for deer hunting is stated in Appendix 5 of the NYS Deer Management Plan (www.dec.ny.gov/docs/wildlife_pdf/deerplan2012.pdf) and recommends legalizing use of crossbows by all hunters during any season in which other bowhunting equipment can be used.
Comment: Other writers opposed the use of crossbow as a legal hunting implement, particularly during any portion of the early bowhunting season for deer. They stated that crossbows should only be allowed in a gun or muzzleloading season.
Response: DEC believed that it was necessary to adopt regulations authorizing the use of crossbows to the maximum extent allowed by the new law to be consistent with the Legislative intent.
Comment: More rigorous training should be required of all persons who hunt with a crossbow. Hunters who may have already completed the basic hunter education courses should, before hunting with a crossbow, also be trained in practical shot selection, proper shot placement, and the difference between taking an animal with an arrow and broadhead versus a bullet, as is taught in the bowhunter education course.
Response: The new legislation requires the department to incorporate training on safe practices for hunting with a crossbow into the basic hunter education course required of all new hunters. The legislation also requires that all hunters who have completed a hunter education course prior to April 1, 2014 must complete an online or other training program approved by the department. DEC has made information on crossbow hunting safety available on its website (www.dec.ny.gov/outdoor/7860.html) and in the annual hunting and trapping regulations syllabus (www.dec.ny.gov/outdoor/37136.html). In addition, DEC will begin to incorporate crossbow training into the bowhunter education course for all new bowhunters. We expect that many users of crossbows will be experienced bowhunters, and that most will seek out information and practice shooting a crossbow before going afield to increase their chances for a successful hunt.
Comment: Crossbows should be allowed in Westchester County, Long Island, WMU 4J in Albany County and WMU 8C in Monroe County, areas with high deer densities.
Response: DEC agrees. However, areas excluded for crossbow use were specified in legislation. Crossbows are another tool that could be useful in these areas for hunters to assist communities, landowners and wildlife managers in efforts to reduce abundant deer populations.
Comment: Hunters should not be required to have a muzzleloader privilege to hunt with a crossbow during the early bow season. This will create confusion. Crossbow use should be covered under a bow license.
Response: The license requirement for crossbow use was specified in legislation, and DEC could not modify this requirement. DEC will include information in the annual hunting regulations guide and on DEC’s website to alert hunters of the requirements of the new law.
Comment: Minimum draw weights make sense, but there should either be no maximum draw weight or a much higher maximum limit. The 200 pound maximum excludes many traditional crossbows. Minimum limb width dimensions should be reduced to accommodate smaller-framed hunters and reverse limb crossbows.
Response: Crossbow dimensions and draw weights were specified in legislation and DEC could not relax these specifications.
Comment: Several writers offered contrasting opinions on the practical use of crossbows. Some suggested that crossbows are more accurate and will result in fewer wounded deer. Others suggested that hunters will take longer shots at deer, and likely wound more deer.
Response: DEC is not aware of any empirical evidence that use of crossbows will affect wounding or recovery rates in any measurable way. Experiences in other jurisdictions where crossbows are legal suggest similar deer recovery rates by hunters who used compound bows and those who used crossbows.
Comment: Legalizing hunting with crossbows will increasing poaching.
Response: While not previously a legal hunting implement, crossbows were previously legal to own in New York. The department does not anticipate any increase in illegal poaching due to allowance of lawful hunting with crossbows.
Comment: Use of crossbows is a safety hazard to other hunters because hunters will be inexperienced, poorly trained and capable of carrying their crossbows with limbs cocked and an arrow nocked.
Response: Sportsmen who use a crossbow to hunt in New York will need to abide by the same rules, regulations and safety practices set forth in the ECL and annual hunting regulations guide while transporting and while afield with a crossbow. As mentioned above, even hunters who completed a hunter education course prior to April 1, 2014 will be required to complete an online or other training program approved by the department. Many people who commented in support of the proposed rule indicated that they were experienced bowhunters who appreciated the opportunity to use a new implement for deer hunting. Furthermore, experience in other jurisdictions where crossbows are legal reveal that hunters with crossbows and vertical bows have similar safety records.
Note: In addition to public comments that were received, the department recognized that the proposed rule needed a technical correction to 6 NYCRR 2.3(e)(2). To be consistent with the law, this correction has removed the word “mammal” when referencing small game. The law refers only to small game, which also includes frogs and turtles in the ECL.
