Dutchess County, NY Hunting

Pursuant to Environmental Conservation Law § 11-0935, effective June 1, 2021, New York State instituted a deer hunting pilot program which authorizes a hunting license holder, who is 12 or 13 years of age, to hunt deer with a crossbow, shotgun or muzzle-loading firearm through December 31, 2025, if a county in an "eligible area" authorizes such action within its municipality during hunting seasons as designated by the state. The intent of this article is to authorize Dutchess County to participate in the new and safe hunting opportunity, as authorized by Environmental Conservation Law § 11-0935.

[Amended 9-11-2023 by L.L. No. 6-2023]

Dutchess County recognizes hunting is a valued tradition for many families, and this new opportunity allows experienced adult hunters to introduce hunting to the next generation. Furthermore, teaching safe, responsible, and ethical hunting practices will ensure a rewarding experience for the youth and their teachers. Hunting provides quality food to families and contributes to important deer management population control practices.

According to the New York State Department of Environmental Conservation, sporting licenses generate an estimated $75 million in revenue, which is then spent to help conserve fish and wildlife, enhance habitats, and protect natural resources. Annually, hunters and anglers contribute an estimated $4.9 billion to the New York economy in spending, which supports more than 56,000 jobs and $623 million in state and local taxes. Hunting also builds a sense of stewardship towards wildlife resources and habitats.

§ 189-2 Pilot program authorization.

Pursuant to Environmental Conservation Law, ECL § 11-0935, Dutchess County elects to participate in the temporary program to allow for a hunting license holder who is 12 or 13 years of age, to hunt deer with a crossbow, shotgun, or muzzle-loading firearm through December 31, 2025.

[Amended 9-11-2023 by L.L. No. 6-2023]

Twelve- and thirteen-year-old licensed hunters shall be allowed to hunt deer only if the following requirements set forth in ECL § 11-0935 are adhered to:

(1)

Such minor is accompanied by his/her 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 21 years of age or older; and

(2)

Such parent, guardian or person has had at least three years' experience in hunting deer; and

(a)

Such parent, guardian or person holds a hunting license; and

(b)

Such parent, guardian or person maintains physical control over the minor at all times while hunting, for the 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

(c)

Such parent, guardian or person and the minor remain at ground level at all times while hunting; and

(3)

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.

§ 189-3 Severability.

If any clause, sentence, paragraph, subdivision, section or part of this article of 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, 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.

§ 189-4 Reverse preemption.

This article shall be null and void on the day that statewide legislation goes into effect incorporating either the same of substantially similar provisions as are contained in this article or in the event that a pertinent state of federal administrative agency issues and promulgates regulations preempting such action by the County of Dutchess.

§ 189-5 When effective.

This article shall take effect immediately upon filing with the Secretary of State and then shall be filed with the New York State Department of Environmental Conservation.