* § 11-0935. Deer hunting pilot program. 1. Notwithstanding subdivision one-a of section 11-0701 and the crossbow prohibition of subdivision one of section 11-0929, a hunting license holder who is twelve or thirteen years of age may hunt deer with a crossbow, rifle, shotgun, or muzzle-loading firearm as provided in this title in an eligible area provided that:

(a) such minor is accompanied by their parent or legal guardian, or by a person designated in writing by such parent or legal guardian on a form prescribed by the department who is twenty-one years of age or older; and

(b) such parent, guardian or person has had at least three year's experience in hunting deer; and

(i) such parent, guardian or person holds a hunting license; and

(ii) such parent, guardian or person maintains physical control over the minor at all times while hunting. For the purposes of this paragraph "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

(iii) such parent, guardian or person and the minor remain at ground level at all times while hunting; and

(c) such parent, guardian or person and the minor shall each display either a minimum total of two hundred fifty square inches of solid fluorescent orange or pink or patterned fluorescent orange or pink consisting of no less than fifty percent fluorescent orange or pink material worn above the waist and visible from all directions, or a hat or cap with no less than fifty percent of the exterior consisting of solid fluorescent orange or pink material and visible from all directions. 2. For the purposes of this section "eligible area" shall include a county that has passed a local law authorizing participation in the pilot program and has notified the department of such participation, provided, however, that the following counties: Westchester; Richmond; Bronx; New York; Kings; Queens; Nassau; and Suffolk shall not be deemed to be eligible. 3. The department shall prepare a report by February first of each year including the following information at a minimum: number of violations; hunting related incidents and revocations pursuant to section 11-0719; the number of counties participating; the number of minors participating; and the number of deer taken. * NB Repealed December 31, 2023