[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.