[Adopted 8-17-2021 by L.L. No. 4-2021]
The intent of this article is to authorize the expansion of
youth hunting by allowing twelve- and thirteen-year-old licensed hunters
to participate in the new and safe hunting opportunities provided
by New York State Environmental Conservation Law § 11-0935.
Said statute authorizes a pilot program to allow young licensed hunters,
ages 12 and 13, to hunt deer with a firearm or crossbow through 2023
within the boundaries of counties permitting such action by local
law. In passing this article, Tompkins County recognizes hunting is
a valued tradition for many families, and this new opportunity allows
experienced adult hunters to introduce the value of hunting to the
next generation. Furthermore, teaching young people safe, responsible,
and ethical hunting practices will ensure a rewarding experience for
the youth, while providing quality food to families and contributing
to important deer management population control practices.
Pursuant to Environmental Conservation Law § 11-0935,
Tompkins County elects to participate in the deer hunting pilot program
to allow young licensed hunters, ages 12 and 13, to hunt deer with
a crossbow, rifle, shotgun or muzzle-loading firearm through 2023
when accompanied by a parent, legal guardian, or designated person.
Twelve- and thirteen-year-old licensed hunters shall be allowed
to hunt deer subject to the following requirements:
A. All twelve- and thirteen-year-old licensed hunters hunting deer with
a crossbow, rifle, shotgun, or muzzle-loading firearm shall be accompanied
by their parent or legal guardian, or by a person 21 years of age
or older designated in writing by such parent or legal guardian on
a form prescribed by the New York State Department of Environmental
Conservation; and
B. A parent, guardian, or designated person accompanying a twelve or
thirteen-year-old licensed hunter shall have a valid hunting license
and at least three years of experience hunting deer; and
C. A parent, guardian or designated person accompanying a twelve or
thirteen-year-old licensed hunter shall maintain physical control
over the youth at all times while hunting. For purposes of this paragraph
"physical control" shall mean that the physical proximity of such
youth to the parent, guardian, or designated person is such that the
parent, guardian, or designated person is reasonably able to issue
verbal directions and instructions, maintain constant visual contact,
and otherwise provide guidance and supervision of the youth; and
D. All twelve- and thirteen-year-old licensed hunters and their accompanying
parent, guardian, or designated person shall each display either a
minimum total of 250 square inches of solid fluorescent orange or
pink or patterned fluorescent orange or pink consisting of no less
than 50% florescent orange or pink material worn above the waist and
visible from all directions, or a hat or cap with no less than 50%
of the exterior consisting of solid fluorescent orange or pink material
and visible from all directions; and
E. All twelve- and thirteen-year-old licensed hunters and their accompanying
parent, guardian, or designated person shall be required to remain
at ground level at all times while hunting.
A copy of this article shall be sent to the New York State Department
of Environmental Conservation as well as the New York State Department
of State.
If any clause, sentence, paragraph, subdivision, section or
part of this article, or the application thereof to any person, individual,
corporation, firm, partnership, entity or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, effect or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part of this
article or in its application to the person, individual, corporation,
firm, partnership, entity or circumstance directly involved in the
controversy in which such order or judgment shall be rendered.