S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6281
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 25, 2013
                                      ___________
       Introduced  by  M. of A. GABRYSZAK, GUNTHER -- read once and referred to
         the Committee on Environmental Conservation
       AN ACT to amend the environmental conservation law, in relation to hunt-
         ing or trapping of elk and moose
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph b of subdivision 2 and paragraph b of subdivision
    2  4  of section 11-0103 of the environmental conservation law, paragraph b
    3  of subdivision 2 as amended by chapter 427 of  the  laws  of  1988,  are
    4  amended to read as follows:
    5    b.  "Big  game" means deer, bear, moose, elk[, except captive bred and
    6  raised North American elk (Cervus elaphus)], caribou and antelope.
    7    b. "Domestic game animal" means white-tailed deer  OR  ELK  propagated
    8  under  a  domestic  game  animal  breeder's  license pursuant to section
    9  11-1905 or propagated on a preserve or island outside the state under  a
   10  law similar in principle to title 19 of this article.
   11    S  2.  Subdivision 3 of section 11-0505 of the environmental conserva-
   12  tion law, as amended by chapter 135 of the laws of 1982, is  amended  to
   13  read as follows:
   14    3.  No  deer, ELK, MOOSE or bear traps shall be made, set or used upon
   15  land inhabited by deer, ELK, MOOSE or bear. No salt lick shall be  made,
   16  set or used upon land inhabited by deer, ELK, MOOSE or bear, except that
   17  the  department may do so on state wildlife refuges and wildlife manage-
   18  ment areas.
   19    S 3. Section 11-0521 of the environmental conservation law is  amended
   20  by adding a new subdivision 4 to read as follows:
   21    4.  NOTWITHSTANDING  THE  FOREGOING PROVISIONS OF THIS SECTION, IN THE
   22  CASE OF ELK OR MOOSE, THE DEPARTMENT MAY ISSUE  A  LICENSE  BY  RULE  OR
   23  REGULATION  TO ALLOW THE TAKING OF INDIVIDUAL ANIMALS THAT ARE DEEMED TO
   24  BE DESTRUCTIVE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01965-03-3
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    1    S 4. Section 11-0529 of the environmental conservation  law,  subdivi-
    2  sions 1 and 4 as amended by chapter 911 of the laws of 1990 and subdivi-
    3  sions  2 and 5 as amended by chapter 610 of the laws of 2006, is amended
    4  to read as follows:
    5  S 11-0529. Cats hunting birds; dogs pursuing deer or killing other wild-
    6               life in certain areas.
    7    1.  Any  person  over the age of twenty-one years possessing a hunting
    8  license may, and environmental conservation officers and peace officers,
    9  acting pursuant to  their  special  duties,  or  police  officers  shall
   10  humanely  destroy  cats  at large found hunting or killing any protected
   11  wild bird  or  with  a  dead  bird  of  any  protected  species  in  its
   12  possession.
   13    2.  Every environmental conservation officer, forest ranger and member
   14  of the state police may kill any dog (a) ACTIVELY  pursuing  or  killing
   15  deer, ELK OR MOOSE within the Adirondack or Catskill parks, at any time;
   16  (b)  pursuing or killing any game or wildlife on a state-owned game farm
   17  or wildlife refuge; or (c) pursuing or killing any game or wildlife on a
   18  state-owned or leased wildlife  management  area,  except  a  dog  being
   19  legally used for hunting small game or for dog training.
   20    3.  Every  park patrolman, park ranger and member of the state police,
   21  county police and town police may kill any dog pursuing or killing deer,
   22  ELK OR MOOSE within any state park or  state  park  reservation  at  any
   23  time.
   24    4. At any time (a) any environmental conservation officer, dog warden,
   25  forest  ranger or member of the state police, anywhere in the state, (b)
   26  any member of any town police within the limits of  the  town  of  which
   27  such  member  is  an  officer,  (c) any member of the Westchester County
   28  Parkway police on any park, parkway or reservation owned  or  controlled
   29  by  the  county  of  Westchester  or (d) any member of a police force or
   30  department of any county, city, town or village in which such member has
   31  jurisdiction and is regularly employed may  kill  any  dog  pursuing  or
   32  killing deer, ELK OR MOOSE and any coyote killing a domestic animal.
   33    5.  No  action for damages shall lie against any authorized person for
   34  the killing of a cat, dog or coyote as provided in this section,  EXCEPT
   35  IN  THE CASE OF KILLING A HUNTING DOG USED PURSUANT TO THE PROVISIONS OF
   36  SECTION 11-0928 OF THIS ARTICLE.
   37    S 5. Section 11-0713 of the environmental conservation law is  amended
   38  by adding a new subdivision 6 to read as follows:
   39    6.  THE  COMMISSIONER MAY, BY RULE AND REGULATION, ESTABLISH A LICENSE
   40  LOTTERY FOR ELK AND MOOSE WHEN CONDITIONS WARRANT CONTROL OF  INDIVIDUAL
   41  ANIMALS OR WHEN SUCH BIG GAME ANIMALS CONSTITUTE A NUISANCE POPULATION.
   42    S 6. Subparagraph 2 of paragraph b of subdivision 1 of section 11-0719
   43  of  the environmental conservation law, as amended by chapter 289 of the
   44  laws of 2004, is amended to read as follows:
   45    (2) is convicted of a violation of the Fish and Wildlife Law involving
   46  the illegal taking of a deer, ELK, COW OR CALF ELK, moose  or  bear,  or
   47  signs  an  acknowledgment  of  any  such  violation  of that law for the
   48  purpose of effecting a settlement by civil compromise or by stipulation;
   49  or
   50    S 7. Paragraph b of subdivision 3 of section 11-0901 of  the  environ-
   51  mental  conservation law, as amended by chapter 911 of the laws of 1990,
   52  is amended to read as follows:
   53    b. Wild deer, ELK, MOOSE and bear shall not be taken except by gun  or
   54  by  long  bow.  Where  an  open  season,  set forth in the table of open
   55  seasons in section 11-0907 OF THIS TITLE or otherwise established by law
   56  or fixed by regulation, is specified as an open season for  taking  such
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    1  game  by shotgun or long bow only, or is specified as an open season for
    2  taking such game by long bow only, they shall not be taken except as  so
    3  specified.
    4    S  8. Paragraph a and the opening paragraph of paragraph b of subdivi-
    5  sion 4 of section 11-0901 of  the  environmental  conservation  law,  as
    6  amended  by  chapter  600  of  the  laws of 1993, are amended to read as
    7  follows:
    8    a. Wild deer, ELK, MOOSE and bear shall not be taken in water.
    9    No person shall hunt deer, ELK OR MOOSE:
   10    S 9. The opening paragraph of paragraph d and subparagraph 1 of  para-
   11  graph e of subdivision 4 of section 11-0901 of the environmental conser-
   12  vation  law,  as amended by chapter 600 of the laws of 1993, are amended
   13  to read as follows:
   14    The use upon land inhabited by deer, ELK, MOOSE or  bear  of  a  jack-
   15  light,  spotlight or other type of artificial light by any person who is
   16  or is accompanied by a person who is in possession, at the time of  such
   17  use, of a long bow, a crossbow or firearm of any kind, shall be presump-
   18  tive  evidence that such person is hunting deer, ELK, MOOSE or bear with
   19  the aid of such light, in violation of this subdivision, unless:
   20    (1) No person shall use a jacklight, spotlight or other type of  arti-
   21  ficial  light  upon  lands  inhabited by deer, ELK, MOOSE or bear within
   22  five hundred feet from a dwelling house, farm building or farm structure
   23  actually occupied or used, for the purpose of locating, spotting, harry-
   24  ing, worrying or otherwise disturbing deer or bear.
   25    S 10. Section 11-0907 of the environmental conservation law is amended
   26  by adding a new subdivision 10 to read as follows:
   27    10. THE COMMISSIONER IS AUTHORIZED TO ESTABLISH,  BY  RULE  AND  REGU-
   28  LATION; LICENSES, SEASONS, MANNER OF TAKING, TAG LIMITS AND LICENSE FEES
   29  FOR BIG GAME NOT SPECIFICALLY DESIGNATED BY THIS SECTION.
   30    S  11.  Paragraphs  a and b of subdivision 3 of section 11-0909 of the
   31  environmental conservation law, as amended by chapter 911 of the laws of
   32  1990, are amended to read as follows:
   33    a. Wild deer, ELK, MOOSE and bear, wild upland game birds,  and  small
   34  game  other  than bobcat, mink, muskrat, raccoon, coyote, fox and skunk,
   35  taken in any open season, shall be  taken  only  between  the  hours  of
   36  sunrise  and  sunset,  unless  otherwise  provided in regulations of the
   37  department.
   38    b. The department shall have the authority to establish by  regulation
   39  hours of hunting wild deer, ELK, MOOSE and bear, wild upland game birds,
   40  and  small  game, other than bobcat, mink, muskrat, raccoon, coyote, fox
   41  and skunk, during the open season provided therefor.
   42    S 12. The section heading, paragraph a of subdivision 1  and  subdivi-
   43  sion  2  of section 11-0911 of the environmental conservation law, para-
   44  graph a of subdivision 1 as added by section 8 of part D of  chapter  61
   45  of the laws of 2000, are amended to read as follows:
   46    Procedure  on taking [wild deer and bear; transportation of wild deer]
   47  AND TRANSPORTING BIG GAME.
   48    a. When [a wild deer] BIG GAME is taken the  taker  shall  immediately
   49  fill  in, using ink, ball point pen or indelible pencil, the [deer] tags
   50  issued to the taker as provided in regulations of  the  department.  The
   51  taker  shall  immediately  cut out or mark the month and date of kill on
   52  the tag and shall attach it to the [deer] ANIMAL, except  that  it  need
   53  not  be attached to the [deer] ANIMAL while it is being dragged or phys-
   54  ically carried by the taker to a camp or point where  other  transporta-
   55  tion  is  available.  The taker shall report details of the location and
   56  date of harvest and data on the [deer] ANIMAL as required by regulation.
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    1    2. The taker shall remove his [deer] OR HER BIG GAME ANIMAL out of the
    2  woods or open country to a camp or other inhabited location by  midnight
    3  of  the  day  immediately following the expiration of the open season in
    4  the county or part of a county in which the [deer] ANIMAL was taken.
    5    S 13. Section 11-0911 of the environmental conservation law is amended
    6  by adding a new subdivision 8 to read as follows:
    7    8.  NO  PERSON  TAKING,  POSSESSING OR TRANSPORTING ELK OR MOOSE SHALL
    8  FAIL TO COMPLY WITH ANY REQUIREMENTS ESTABLISHED BY RULE  OR  REGULATION
    9  PURSUANT TO THIS SECTION.
   10    S  14.  Section  11-0915  of  the  environmental  conservation law, as
   11  amended by chapter 190 of the laws  of  1999,  is  amended  to  read  as
   12  follows:
   13  S 11-0915. Disposal  of  [deer, moose and bear] BIG GAME killed uninten-
   14               tionally by collision.
   15    The owner of a motor vehicle which has been damaged  by  unintentional
   16  collision  with  a deer, ELK, moose or bear shall be entitled to possess
   17  such [deer, moose or bear] BIG GAME under the following conditions:
   18    1. The accident is reported to an environmental conservation  officer,
   19  a  member  of  the State Police, a member of the sheriff's department in
   20  which the accident occurred or, if the accident occurred on lands  under
   21  the jurisdiction of the office of parks, recreation and historic preser-
   22  vation, to an officer of the regional park police having law enforcement
   23  responsibilities on such lands, or to any police officer of a city, town
   24  or   village  located  in  the  county  of  such  accident  within  [24]
   25  TWENTY-FOUR hours thereafter.
   26    2. The officer shall investigate and, if he finds the deer, ELK, moose
   27  or bear has been killed or so injured as to require that  it  be  killed
   28  and  the damage has been done as alleged, he shall issue a permit to the
   29  owner of the motor vehicle entitling such owner to possess the  carcass.
   30  Such  permit  shall authorize the owner of the motor vehicle to transfer
   31  the carcass to a designated person.
   32    3. Whenever the owner  of  such  damaged  motor  vehicle  declines  to
   33  possess  such  deer,  ELK,  moose  or  bear,  the  officer  may  in  his
   34  discretion, issue a permit to possess the carcass  to  any  other  party
   35  requesting such possession.
   36    S  15.  Section  11-0921  of  the  environmental  conservation law, as
   37  amended by chapter 213 of the laws  of  1999,  is  amended  to  read  as
   38  follows:
   39  S 11-0921. Surrender  of  game  unfit  for human consumption; permit for
   40               taking another of species surrendered.
   41    When a wild turkey, wild deer, WILD ELK, WILD MOOSE or  wild  bear  is
   42  taken  by a person holding a license or permit and, upon presentation to
   43  an environmental conservation officer or other  authorized  employee  of
   44  the  department,  it  is  shown  to  the satisfaction of such officer or
   45  authorized employee that its flesh was unfit for  human  consumption  at
   46  the time it was killed, the taker may surrender the carcass to the offi-
   47  cer  or authorized employee and the officer or authorized employee shall
   48  issue the taker a special permit to take another specimen  of  the  same
   49  species as surrendered and for which the season is still open.
   50    S 16. Section 11-0923 of the environmental conservation law, paragraph
   51  a  of  subdivision  1 and subdivision 5 as amended by chapter 160 of the
   52  laws of 1979, subdivision 2 as amended by chapter 312  of  the  laws  of
   53  1980 and subdivision 6 as amended by chapter 600 of the laws of 1993, is
   54  amended to read as follows:
   55  S 11-0923. Dogs.
   56    1. No owner or trainer of a dog shall:
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    1    a. allow it to hunt deer, ELK OR MOOSE, or to run at large on enclosed
    2  lands  on  which  wildlife  or  domestic game is possessed under license
    3  issued pursuant to the Fish and Wildlife Law or in any state park, state
    4  park reservation, state-owned game farm or  wildlife  refuge  or  state-
    5  owned or leased wildlife management area;
    6    b.  allow it to run at large in fields or woods inhabited by deer, ELK
    7  OR MOOSE outside the limits of any city  or  village,  except  on  lands
    8  actually  farmed  or  cultivated by the owner or trainer of the dog or a
    9  tenant of such owner or trainer.
   10    2. No owner or trainer of a dog shall take it afield for  training  on
   11  wild  game  except  from August [16] SIXTEEN to April [15] FIFTEEN or as
   12  otherwise permitted by department order.
   13    3. Dogs may be trained on artificially propagated game which is shack-
   14  led, or led or confined game, legally possessed, or on training  dummies
   15  or  other artificial devices at any time on lands owned or leased by the
   16  owner or trainer of the dog or on lands for which he has written permis-
   17  sion of the owner or lessee, provided such training is done in a  manner
   18  to preclude any disturbances injurious to wildlife.
   19    4.  During  the  training  of a dog, the trainer and any person in his
   20  company shall not possess afield a firearm loaded with ammunition  other
   21  than  blank shells or blank cartridges, or inflict any injury to animals
   22  or game birds contrary to law.
   23    5. Dogs hunting deer, ELK OR MOOSE, or hunting any wildlife or  domes-
   24  tic  game on enclosed lands described in paragraph a of subdivision 1 OF
   25  THIS SECTION or on a state game farm  or  wildlife  refuge  or  wildlife
   26  management  area,  may  be killed as provided in section 11-0529 OF THIS
   27  ARTICLE.
   28    6. Wildlife, except skunk, deer, ELK, MOOSE and  bear,  may  be  taken
   29  with the aid of a dog, provided, however, that the department is author-
   30  ized  to  establish a training season during which only persons licensed
   31  by the department pursuant to section 11-0928 of this article may  train
   32  tracking dogs on bear. Such season shall not begin before July first and
   33  shall  end at least eight days in advance of any open hunting season for
   34  bear and no person  participating  in  such  training  shall  possess  a
   35  firearm  of  any kind or a longbow. Nothing in this subdivision shall be
   36  construed to invalidate or otherwise affect a permit to  track  or  take
   37  bear issued pursuant to subdivision one of section 11-0521 of this arti-
   38  cle.
   39    S  17.  Subdivisions  6  and 7 of section 11-0931 of the environmental
   40  conservation law, subdivision 6 as amended by chapter 97 of the laws  of
   41  1978, are amended to read as follows:
   42    6.  No person while engaged in hunting deer, ELK, MOOSE or bear pursu-
   43  ant to a bowhunting stamp, and no person accompanying him OR  HER  or  a
   44  member  of  his  OR  HER  party,  while he OR SHE is so engaged during a
   45  special longbow season, shall have in his OR HER possession a firearm of
   46  any kind, and no person while engaged in hunting deer or  bear  pursuant
   47  to  a  muzzle-loading  stamp, and no person accompanying him OR HER or a
   48  member of his OR HER party, while he OR  SHE  is  so  engaged  during  a
   49  special  muzzle-loading  firearm  season,  shall  have  in  his  OR  HER
   50  possession a firearm of any kind other than a muzzle-loading firearm.
   51    7. During any open season for deer,  ELK,  MOOSE  OR  BEAR,  a  person
   52  afield  shall  not  possess  shotgun  shells  loaded with a slug or ball
   53  unless he OR SHE holds a valid license or  permit  to  take  deer,  ELK,
   54  MOOSE or bear.
   55    S  18.  This  act  shall  take  effect  on  the first of November next
   56  succeeding the date on which it shall have become a law.