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.

Amend subdivision 6 NYCRR 1.30 (b) as follows:

(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:

(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.

(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.

(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.

(1) Crossbows may only be used by hunters 14 years of age or older.

(2) Small game mammals 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.

1. Statutory authority:

Section 11-0303 of the Environmental Conservation Law (ECL) directs the Department of Environmental Conservation (DEC or department) to develop and carry out programs that 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. ECL 11-0303 grants the department authority to efficiently manage fish and wildlife resources of the State.

More specifically, Chapter 55 of the Laws of 2014 amended ECL sections 11-0901, 11-0907, and 11-0929 and added a new ECL section 11-0933 effective April 1, 2014, which authorize the department to adopt regulations allowing the taking of small game, wild upland game birds, and big game (deer and bear) by the use of a crossbow. In addition, section 11-0713 of the ECL was amended requiring the department to require training in safe use of a crossbow for hunting and responsible hunting practices in the basic hunter education course for all new hunters and to provide an online or other crossbow training program approved by the department for existing hunters prior to using a crossbow to hunt.

2. Legislative objectives:

The legislative objectives behind the general 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. The legislative objectives of the provisions enacted in Chapter 55 were to allow the taking of small game, upland game birds and big game by the use of a crossbow during regular and muzzleloader hunting seasons when firearms are also allowed and during a limited portion of the early bowhunting seasons. The legislative objectives also include hunter safety, by requiring training in safe crossbow hunting for hunters who wish to use a crossbow in the field.

3. Needs and benefits:

New regulations must be adopted to implement provisions of the statute allowing the use of crossbows for hunting. The regulations proposed herein are necessary to implement and clarify provisions of the new law, so crossbows will be a legal implement for fall 2014 and subsequent hunting seasons.

The new statute authorizes the department to allow the taking of small game and upland game birds by the use of a crossbow by any licensed person during any small game hunting season. The new statute also authorizes the department to allow the taking of big game (deer and bear) by the use of a crossbow by any licensed person during a specified portion of the bowhunting seasons and during any big game hunting season in which use of a firearm (shotgun, rifle or muzzleloader) is allowed, except for the Youth Deer Hunting weekend and the January firearms deer season on Long Island. Therefore, amendments are proposed to deer, bear, turkey, and small game hunting regulations to include the crossbow as a legal implement, and to adopt specific provisions of the statute.

Allowing the use of crossbows would provide several public benefits. High deer populations in some portions of the state, particularly where access or firearm use is restricted, are causing adverse impacts on forest regeneration, biodiversity protection, public and private property (through vehicle collisions and damage to ornamental plantings), and public health (e.g., Lyme disease). As an additional tool that may appeal to hunters who are either unable or not attracted to use conventional bows, crossbows are a potentially important tool to help manage deer populations in those areas. Allowing crossbow use would also support the Department’s efforts to retain and recruit big game hunters in the future. Crossbows are especially popular among younger and older hunters, as well as for hunters with disabilities, all of whom may have difficulty drawing and holding conventional bows in the field. Allowing the use of crossbows during bowhunting seasons would not disrupt or interfere with anyone who chooses to hunt with a conventional bow – except that we may get more people out hunting deer, which would increase revenues from the sale of hunting licenses and contribute to the management of deer, especially in urban areas.

4. Costs:

Training in the safe use of crossbows will be more fully incorporated into the statewide sportsman education courses. A limited supply of crossbows was purchased for this purpose in 2012, but some additional quantities will be needed to supply each region with enough for hands-on training for approximately 35,000 new students annually.

There will be no additional fees or costs (other than purchase of crossbow equipment) for hunters to use a crossbow, and disabled hunters will no longer have to pay an application fee for a permit to hunt with a specially equipped longbow.

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 statute provides little discretion to the Department. The language provides clear indications for when and where crossbows may be allowed to satisfy the intent of the statute. One alternative considered by the department would be to allow crossbows for big game only during firearms hunting seasons, as was temporarily authorized by the legislature for 2011 and 2012. However, such limited use of crossbows does not address deer management needs, nor is it consistent with hunter preferences, or the clear intent of the statute to allow use of crossbows during a portion of the archery seasons for big game. A majority of New York deer hunters (including most bowhunters) support legalization of crossbows, particularly for seniors (68%) and hunters with disabilities (78%), but also for all hunters during seasons when other bowhunting equipment is allowed (51%). Only 19% of hunters believe crossbow use should be limited to the regular firearms season. Another alternative considered was to restrict the use of crossbows during the archery season to a subset of hunters, based on age or disability that might limit a person’s ability to use a regular longbow. Crossbows are especially popular among younger and older hunters, as well as for hunters with disabilities, all of whom may have difficulty drawing and holding conventional bows in the field. However, the statutory language does not suggest any intent to limit this authority to certain people. Furthermore, this alternative would require establishing some arbitrary criteria and proof of eligibility requirements that would further complicate big game hunting regulations.

Finally, we could have proposed opening the Northern Zone archery season for deer a week earlier to allow additional time for use of crossbows prior to the early muzzleloader season. However, this would deviate from the season structure that was established in the Department’s recently adopted deer management plan, and we believe that was not the intent of the statutory amendments.

9. Federal standards:

There are no federal standards pertaining to the use of crossbows or modified longbows.

10. Compliance schedule:

Hunters wishing to use crossbows would be required to comply with the new regulations beginning with the start of the hunting seasons in the 2014-15 license year, which begins on September 1, 2014.

Chapter 55 of the Laws of 2014, effective April 1, 2014, amended the Environmental Conservation Law (ECL) to authorize the Department of Environmental Conservation (department) to adopt regulations allowing the taking of small game, wild upland game birds, and big game (deer and bear) by the use of a crossbow, subject to certain restrictions.

The proposed regulation simply implements the statutory provisions and clarifies that crossbows may be used for hunting pursuant to ECL sections 11-0713, 11-0901, 11-0907, 11-0929 and 11-0933. All reporting, record-keeping, and compliance requirements associated with hunting are administered by the department, and the proposed rule would not impose any reporting, record-keeping, or other compliance requirements on small businesses or local governments. The proposed rule also would not have any adverse economic effect on small businesses or local governments. As discussed in the Job Impact Statement, the proposed rule may have a modest beneficial impact on small businesses as some hunters may purchase new crossbow hunting equipment to take advantage of this new opportunity.

Therefore, the department has determined that a Regulatory Flexibility Analysis for Small Businesses and Local Governments is not required.

1. Types and estimated numbers of rural areas:

The proposed rules allow the use of crossbows to hunt small game, wild upland game birds, and big game (deer and bear) throughout New York State, except for Suffolk, Nassau and Westchester counties. Consequently, the proposed regulation impacts rural areas throughout most of the state north of Westchester County.

2. Reporting, recordkeeping and other compliance requirements; and professional services:

All reporting, recordkeeping and other compliance requirements, and professional services associated with the proposed regulation is the responsibility of the New York State Department of Environmental Conservation (department).

3. Costs:

All costs associated with the implementation and enforcement of the proposed regulation are the responsibility of the department.

4. Minimizing adverse impact:

The proposed rule making will allow hunters throughout most of New York to hunt several game species with a crossbow. The proposed changes will enhance management actions recommended by the public and provide new opportunities for hunters, thereby having a positive effect on rural areas. As discussed in the Job Impact Statement, the proposed rule may also have a beneficial impact on small businesses as some hunters may purchase new crossbow hunting equipment to take advantage of this new opportunity.

5. Rural area participation:

The proposed regulations implement provisions of Chapter 55 of the Laws of 2014, effective April 1, 2014. The legislative process provided opportunity for representatives of rural areas to have input on the specific provisions pertaining to use of crossbows for hunting throughout the state.

1. Nature of Impact:

This rule is necessary to implement provisions of Chapter 55 of the laws of 2014, effective April 1, 2014, which amended the Environmental Conservation Law to authorize the taking of small game, wild upland game birds, and big game (deer and bear) by the use of a crossbow, with certain restrictions. The proposed rule may have a modest beneficial impact on jobs and employment opportunities as some hunters may purchase crossbow hunting equipment to take advantage of this new opportunity.

2. Categories and numbers affected:

Crossbow hunting equipment is already being sold at some sporting goods stores throughout the state, and as crossbow hunting becomes more popular, additional stores are likely to include more crossbow hunting equipment in their inventory. The Department of Environmental Conservation (department) does not have a record of the number of sporting goods stores in New York. However, if only 2% of New York’s 500,000 or more big game hunters purchase a crossbow, at an average price of $500, retail sales of new equipment alone could exceed $5 million, which should benefit some of these businesses in New York.

3. Regions of adverse impact:

The proposed regulation would result in increased opportunities for hunters and increased revenue for certain business owners, and therefore should not result in adverse impacts to any region of the state.

4. Minimizing adverse impact:

There would not be any substantial adverse impact on jobs or employment opportunities as a consequence of this rule making.