[HISTORY: Adopted by the County Legislature of the County of Sullivan as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-3-2021 by L.L. No. 4-2021]
The intent of this article is to authorize Sullivan County's participation in a pilot program which permits twelve- and thirteen-year-old individuals to participate in the new hunting opportunities provided by Environmental Conservation Law § 11-0935. The enacted 2021-2022 New York State budget included a pilot program allowing the opportunity for young hunters, ages 12 and 13, to hunt deer with a crossbow, rifle, shotgun or muzzle-loading firearm through 2023, provided that the County authorizes such action by local law. Sullivan County is passing this article as hunting is a prized tradition for many families, and this new opportunity allows experienced adult hunters to introduce the values 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 population control practices.
Pursuant to Environmental Conservation Law § 11-0935, Sullivan County elects to participate in the pilot program to allow young hunters, ages 12 and 13, to hunt deer with a crossbow, rifle, shotgun or muzzle-loading firearm through 2023.
Twelve- and thirteen-year-old licensed hunters shall be allowed to hunt deer subject to the following requirements:
A. 
Twelve- and thirteen-year-old licensed hunters shall be accompanied by a parent or legal guardian, or person designated in writing by such parent or legal guardian on a form prescribed by the NYS Department of Environmental Conservation, who is 21 years of age or older; and
B. 
Such parent, guardian or person has had at least three years' experience in hunting deer; and
C. 
Such parent, guardian or person holds a hunting license; and
D. 
Such parent, guardian or person maintains physical control over the minor at all times while hunting. For purposes of this subsection, "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
E. 
Such parent, guardian, or person and the minor remain at ground level at all times while hunting; and
F. 
Such parent, guardian or person and the minor 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% fluorescent 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.
A copy of this local law shall be sent to the New York State Department of Environmental Conservation, thereby notifying the Department of the County's participation in the pilot program, and the original shall be filed with the New York State Department of State.
If any part of this article is for any reason held to be unconstitutional or invalid, such decision shall not affect the remainder of this article. The County hereby declares that it would have passed this article and each section or subsection thereof irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases may be declared unconstitutional or invalid.
This article shall take effect immediately upon filing with the Office of the Secretary of State of the State of New York in accordance with § 27 of the Municipal Home Rule Law.