Section 180.3. Definition and use of firearms.

For the purposes of the Fish and Wildlife Law and this Title:

Subdivision (a) of 6 NYCRR section 180.3 is repealed and a new subdivision (a) of 6 NYCRR section 180.3 added:

(1) any rifle, pistol, revolver or shotgun which by force of gunpowder expels a missile or projectile capable of killing, wounding or otherwise inflicting physical damage upon fish, wildlife or other animals.

(2) any air-powered rifle or pistol with a rifled barrel, using ammunition no smaller than.17 caliber, and capable of producing projectile velocities of not less than 800 feet per second. For the purposes of the Fish and Wildlife Law, an air-powered rifle or pistol meeting the above specifications shall be considered a gun, and may be used to take protected wildlife whenever such protected wildlife may legally be taken with a rimfire rifle.

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 clearly allow the use of air powered firearms or guns for use in hunting (e.g., rabbits and squirrels). The popularity of these firearms is growing in New York, largely because of technological advancements.

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 clearly allow the use of air-powered firearms for hunting.

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 small game fire a.22 or.17 caliber "pellet" capable of reaching velocities of over 1,200 feet per second. At suitable ranges (up to 50 yards), they are very effective in harvesting small game in a manner comparable to a.22 rimfire rifle. Rimfire rifles are commonly used for hunting squirrels and rabbits.

Air-powered guns are an ideal implement for use by new/young hunters. They are often single shot guns, have virtually no recoil, and they do not have a loud "report." For these reasons, air-powered guns are frequently used in the department's hunter education courses to teach safe gun handling practices, and to develop shooting skills. This proposal would clearly allow the use of these guns for hunting as well.

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, this was rejected because the lack of a clear definition for a "gun" will mean continuing confusion about the interpretation of our current laws and regulations.

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 during the 2009-2010 hunting season.

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 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.

The proposed regulation has no effect on rural areas. It simply clarifies that air-powered firearms or guns may be used for 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.

The proposed regulation does not affect jobs. It simply clarifies that air-powered firearms or guns may be used for 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.