 | RESOLUTION NO. 136 of 2021 DATED: June 22, 2021 |
RESOLUTION ADOPTING INTRODUCTORY LOCAL LAW D, LOCAL LAW 4 OF 2021, A LOCAL LAW ADOPTING A PILOT YOUTH HUNTING PROGRAM (COUNTY LEGISLATURE)
| Seconded by: | Purtell |
WHEREAS, Environmental Conservation Law §11-0935, established a pilot program wherein a hunting license holder who is 12 or 13 years of age may hunt deer with a crossbow, rifle, shotgun or muzzle loading firearm in areas where and during the hunting season in which such implements may be used; and
WHEREAS, Environmental Conservation Law §11-0935 requires that in order to be an “eligible area”, a county must pass a local law authorizing participation in the pilot program; and
WHEREAS, according to a 2011 U.S. Fish and Wildlife Service study, the community spends approximately $4.95 billion per year in the State of New York in pursuit of sporting activities, and sporting activities are responsible for the support of approximately 56,000 jobs across New York State; and
WHEREAS, sporting activities have a positive impact on the local and statewide economy; and
WHEREAS, public interest and participation in sporting activities, including deer hunting, has significantly increased, including the number of individuals completing hunter education programs and purchasing hunting and other sporting licenses; and
WHEREAS, the universal hunting age of 12 is supported by the 2012 – 2016 NYS Deer Management Plan and the draft 2021 – 2025 NYS Deer Management Plan; and
WHEREAS, prior to the adoption of Environmental Conservation Law §11-0935, 49 out of 50 States with New York being the exception, permitted 12 and 13 year olds to participate in hunting under varying circumstances; and
WHEREAS, hunting with youth provides quality time for parents, guardians and other mentor figures to bond with their children, other family members and friends in an outdoor setting and presents an excellent opportunity to introduce youth to nature, stewardship, conservation, and responsible wildlife management; and
WHEREAS, hunting with youth provides an opportunity to mentor and instruct youth hunters regarding safe and responsible hunting; and
WHEREAS, a copy of this local law in final form has been on the desks of the Montgomery County Legislature for ten days, excluding Sundays.
NOW THEREFORE BE IT RESOLVED, that Introductory Local Law D (Local Law 4 of 2021) hereby is submitted to the Legislature of the County of Montgomery for consideration:
INTRODUCTORY LOCAL LAW D (LOCAL LAW 4 OF 2021) - A LOCAL LAW A LOCAL LAW ADOPTING A PILOT YOUTH HUNTING PROGRAM
BE IT ENACTED by the Legislature of the County of Montgomery as follows:
SECTION 1. Title
This Local Law shall be known as “A Local Law Adopting a Pilot Youth Hunting Program.”
SECTION 2. Purpose
Consistent with the provisions of Environmental Conservation Law section 11-0935, this Local Law is adopted to authorize the expansion of youth hunting and allow licensed hunters ages 12 or 13 to hunt deer with a crossbow, rifle, shotgun or muzzle-loading firearm when accompanied by a parent, legal guardian, or mentor.
SECTION 3. Eligibility and Requirements.
1. Notwithstanding subdivision one-a of Environmental Conservation Law Section 11-0701 and the crossbow prohibition of subdivision one of Environmental Conservation Law Section 11-0929, a hunting license holder who is twelve or thirteen years of age may hunt deer with a crossbow, rifle, shotgun, or muzzle-loading firearm as provided in this title in Montgomery County provided that:
(a) such minor is accompanied by their parent or legal guardian, or by a person designated in writing by such parent or legal guardian on a form prescribed by the Department of Environmental Conservation who is twenty-one years of age or older; and
(b) such parent, guardian or person has had at least three year's experience in hunting deer; and
(i) such parent, guardian or person holds a hunting license; and
(ii) such parent, guardian or person maintains physical control over the minor at all times while hunting. For the purposes of this paragraph "physical control" shall mean that the physical proximity of such minor to the parent, guardian or person is such that the parent, guardian or person is reasonably able to issue verbal directions and instructions, maintain constant visual contact, and otherwise provide guidance and supervision to the minor; and
(iii) such parent, guardian or person and the minor remain at ground level at all times while hunting; and
(c) such parent, guardian or person and the minor shall each display either a minimum total of two hundred fifty square inches of solid fluorescent orange or pink or patterned fluorescent orange or pink consisting of no less than fifty percent fluorescent orange or pink material worn above the waist and visible from all directions, or a hat or cap with no less than fifty percent of the exterior consisting of solid fluorescent orange or pink material and visible from all directions.
SECTION 4. Severability
If any clause, sentence or paragraph of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment, decree or order shall not affect, impair or invalidate the remainder of the local law, which shall as to such remainder remain in effect.
SECTION 5. Consistency
To the extent that this local law is inconsistent with other laws it shall supersede those laws.
SECTION 6. Effective Date
This Local Law shall be effective upon its filing with the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law. A copy of this Local Law shall also be filed with the New York State Department of Environmental Conservation.
RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and Isabel were absent. (6/22/2021)
Statement of Legislative and Financial Impact:
I. Nature of Request:
A LOCAL LAW ADOPTING A PILOT YOUTH HUNTING PROGRAM
II. Justification:
Environmental Conservation Law §11-0935, established a pilot program wherein a hunting license holder who is 12 or 13 years of age may hunt deer with a crossbow, rifle, shotgun or muzzle loading firearm in areas where and during the hunting season in which such implements may be used as long as local counties opt in.
III. Legislative Impact:
Authorized by Environmental Conservation Law section 11-0935 and Municipal Home Rule Law.
IV. Financial Impact:
None anticipated.
| cc: | County Clerk County Treasurer |
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||