Part 180, Section 3 - Definition of Firearms - Regulatory Impact Statement
Regulatory Impact Statement
1. Statutory authority:
Section 11-0303 of the Environmental Conservation Law (ECL) directs the Department of Environmental Conservation (department) to develop and carry out programs that will maintain desirable species in ecological balance, and to observe sound management practices. This directive is to be met with regard to: ecological factors, the compatibility of production and harvest of wildlife with other land uses, the importance of wildlife for recreational purposes, public safety, and protection of private premises. Environmental Conservation Law 11-0303 grants the department authority to efficiently manage fish and wildlife resources of the State.
2. Legislative objectives:
The legislative objectives behind the statutory provisions listed above are to authorize the department to establish, by regulation, certain basic wildlife management tools, including hunting. Periodically, the department adjusts its hunting regulations in response to changes in hunting technology. By doing so, wildlife management tools are kept up to date.
3. Needs and benefits:
The department proposes to clearly allow the use of air powered firearms or guns for use in hunting (e.g., rabbits and squirrels). The popularity of these firearms is growing in New York, largely because of technological advancements.
Environmental Conservation Law section 11-0901 states that small game may only be taken with a longbow or gun. However, a "gun" is not defined in the ECL or in 6 NYCRR section 180.3 ("Definition of Firearms") so hunters do not have clear legal guidance allowing the use of air-powered firearms. The department proposes adding language to 6 NYCRR section 180.3 to clearly allow the use of air-powered firearms for hunting.
Air-powered firearms are powered in one of three ways: (1) CO2 cartridges; (2) spring or lever-action to compress air in an internal cylinder; (3) a pneumatic pump to compress air in an internal cylinder. Air-powered firearms designed for small game fire a .22 or .17 caliber "pellet" capable of reaching velocities of over 1,200 feet per second. At suitable ranges (up to 50 yards), they are very effective in harvesting small game in a manner comparable to a .22 rimfire rifle. Rimfire rifles are commonly used for hunting squirrels and rabbits.
Air-powered guns are an ideal implement for use by new/young hunters. They are often single shot guns, have virtually no recoil, and they do not have a loud "report." For these reasons, air-powered guns are frequently used in the department's hunter education courses to teach safe gun handling practices, and to develop shooting skills. This proposal would clearly allow the use of these guns for hunting as well.
4. Costs:
None, beyond normal administrative costs.
5. Local government mandates:
There are no local governmental mandates associated with this proposed regulation.
6. Paperwork:
No additional paperwork is associated with this proposed regulation.
7. Duplication:
There are no other regulations similar to this proposal.
8. Alternatives:
The only alternative considered was the "no action" alternative. However, this was rejected because the lack of a clear definition for a "gun" will mean continuing confusion about the interpretation of our current laws and regulations.
9. Federal standards:
There are no federal standards pertaining to the use of air-powered firearms.
10. Compliance schedule:
Hunters will be able to comply with this regulation during the 2009-2010 hunting season.
