S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9254
                                 I N  A S S E M B L Y
                                     April 3, 2014
                                      ___________
       Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
         tee 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  OF  THIS  ARTICLE or propagated on a preserve or island outside
   10  the state under a 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.
   25    S  4.  Subdivision 5 of section 11-0529 of the environmental conserva-
   26  tion law, as amended by chapter 610 of the laws of 2006, is  amended  to
   27  read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01965-05-4
       A. 9254                             2
    1    5.  No  action for damages shall lie against any authorized person for
    2  the killing of a cat, dog or coyote as provided in this section,  EXCEPT
    3  IN  THE CASE OF KILLING A HUNTING DOG USED PURSUANT TO THE PROVISIONS OF
    4  SECTION 11-0928 OF THIS ARTICLE.
    5    S  5. Section 11-0713 of the environmental conservation law is amended
    6  by adding a new subdivision 6 to read as follows:
    7    6. THE COMMISSIONER MAY, BY RULE AND REGULATION, ESTABLISH  A  LICENSE
    8  LOTTERY  FOR ELK AND MOOSE WHEN CONDITIONS WARRANT CONTROL OF INDIVIDUAL
    9  ANIMALS OR WHEN SUCH BIG GAME ANIMALS CONSTITUTE A NUISANCE POPULATION.
   10    S 6. Subparagraph 2 of paragraph b of subdivision 1 of section 11-0719
   11  of the environmental conservation law, as amended by chapter 289 of  the
   12  laws of 2004, is amended to read as follows:
   13    (2) is convicted of a violation of the Fish and Wildlife Law involving
   14  the  illegal  taking  of a deer, ELK, COW OR CALF ELK, moose or bear, or
   15  signs an acknowledgment of any  such  violation  of  that  law  for  the
   16  purpose of effecting a settlement by civil compromise or by stipulation;
   17  or
   18    S  7.  Paragraph b of subdivision 3 of section 11-0901 of the environ-
   19  mental conservation law, as amended by chapter 911 of the laws of  1990,
   20  is amended to read as follows:
   21    b.  Wild deer, ELK, MOOSE and bear shall not be taken except by gun or
   22  by long bow. Where an open season,  set  forth  in  the  table  of  open
   23  seasons in section 11-0907 OF THIS TITLE or otherwise established by law
   24  or  fixed  by regulation, is specified as an open season for taking such
   25  game by shotgun or long bow only, or is specified as an open season  for
   26  taking  such game by long bow only, they shall not be taken except as so
   27  specified.
   28    S 8. Paragraph a and the opening paragraph of paragraph b of  subdivi-
   29  sion  4  of  section  11-0901  of the environmental conservation law, as
   30  amended by chapter 600 of the laws of  1993,  are  amended  to  read  as
   31  follows:
   32    a. Wild deer, ELK, MOOSE and bear shall not be taken in water.
   33    No person shall hunt deer, ELK OR MOOSE:
   34    S  9. The opening paragraph of paragraph d and subparagraph 1 of para-
   35  graph e of subdivision 4 of section 11-0901 of the environmental conser-
   36  vation law, as amended by chapter 600 of the laws of 1993,  are  amended
   37  to read as follows:
   38    The  use  upon  land  inhabited by deer, ELK, MOOSE or bear of a jack-
   39  light, spotlight or other type of artificial light by any person who  is
   40  or  is accompanied by a person who is in possession, at the time of such
   41  use, of a long bow, a crossbow or firearm of any kind, shall be presump-
   42  tive evidence that such person is hunting deer, ELK, MOOSE or bear  with
   43  the aid of such light, in violation of this subdivision, unless:
   44    (1)  No person shall use a jacklight, spotlight or other type of arti-
   45  ficial light upon lands inhabited by deer, ELK,  MOOSE  or  bear  within
   46  five hundred feet from a dwelling house, farm building or farm structure
   47  actually occupied or used, for the purpose of locating, spotting, harry-
   48  ing, worrying or otherwise disturbing deer or bear.
   49    S 10. Section 11-0907 of the environmental conservation law is amended
   50  by adding a new subdivision 10 to read as follows:
   51    10.  THE  COMMISSIONER  IS  AUTHORIZED TO ESTABLISH, BY RULE AND REGU-
   52  LATION; LICENSES, SEASONS, MANNER OF TAKING, TAG LIMITS AND LICENSE FEES
   53  FOR BIG GAME NOT SPECIFICALLY DESIGNATED BY THIS SECTION.
   54    S 11. Paragraphs a and b of subdivision 3 of section  11-0909  of  the
   55  environmental conservation law, as amended by chapter 911 of the laws of
   56  1990, are amended to read as follows:
       A. 9254                             3
    1    a.  Wild  deer, ELK, MOOSE and bear, wild upland game birds, and small
    2  game other than bobcat, mink, muskrat, raccoon, coyote, fox  and  skunk,
    3  taken  in  any  open  season,  shall  be taken only between the hours of
    4  sunrise and sunset, unless otherwise  provided  in  regulations  of  the
    5  department.
    6    b.  The department shall have the authority to establish by regulation
    7  hours of hunting wild deer, ELK, MOOSE and bear, wild upland game birds,
    8  and small game, other than bobcat, mink, muskrat, raccoon,  coyote,  fox
    9  and skunk, during the open season provided therefor.
   10    S  12.  The section heading, paragraph a of subdivision 1 and subdivi-
   11  sion 2 of section 11-0911 of the environmental conservation  law,  para-
   12  graph  a  of subdivision 1 as added by section 8 of part D of chapter 61
   13  of the laws of 2000, are amended to read as follows:
   14    Procedure on taking [wild deer and bear; transportation of wild  deer]
   15  AND TRANSPORTING BIG GAME.
   16    a.  When  [a  wild deer] BIG GAME is taken the taker shall immediately
   17  fill in, using ink, ball point pen or indelible pencil, the [deer]  tags
   18  issued  to  the  taker as provided in regulations of the department. The
   19  taker shall immediately cut out or mark the month and date  of  kill  on
   20  the  tag  and  shall attach it to the [deer] ANIMAL, except that it need
   21  not be attached to the [deer] ANIMAL while it is being dragged or  phys-
   22  ically  carried  by the taker to a camp or point where other transporta-
   23  tion is available. The taker shall report details of  the  location  and
   24  date of harvest and data on the [deer] ANIMAL as required by regulation.
   25    2. The taker shall remove his [deer] OR HER BIG GAME ANIMAL out of the
   26  woods  or open country to a camp or other inhabited location by midnight
   27  of the day immediately following the expiration of the  open  season  in
   28  the county or part of a county in which the [deer] ANIMAL was taken.
   29    S 13. Section 11-0911 of the environmental conservation law is amended
   30  by adding a new subdivision 8 to read as follows:
   31    8.  NO  PERSON  TAKING,  POSSESSING OR TRANSPORTING ELK OR MOOSE SHALL
   32  FAIL TO COMPLY WITH ANY REQUIREMENTS ESTABLISHED BY RULE  OR  REGULATION
   33  PURSUANT TO THIS SECTION.
   34    S  14.  Section  11-0915  of  the  environmental  conservation law, as
   35  amended by chapter 190 of the laws  of  1999,  is  amended  to  read  as
   36  follows:
   37  S 11-0915. Disposal  of  [deer, moose and bear] BIG GAME killed uninten-
   38                 tionally by collision.
   39    The owner of a motor vehicle which has been damaged  by  unintentional
   40  collision  with  a deer, ELK, moose or bear shall be entitled to possess
   41  such [deer, moose or bear] BIG GAME under the following conditions:
   42    1. The accident is reported to an environmental conservation  officer,
   43  a  member  of  the State Police, a member of the sheriff's department in
   44  which the accident occurred or, if the accident occurred on lands  under
   45  the jurisdiction of the office of parks, recreation and historic preser-
   46  vation, to an officer of the regional park police having law enforcement
   47  responsibilities on such lands, or to any police officer of a city, town
   48  or   village  located  in  the  county  of  such  accident  within  [24]
   49  TWENTY-FOUR hours thereafter.
   50    2. The officer shall investigate and, if he finds the deer, ELK, moose
   51  or bear has been killed or so injured as to require that  it  be  killed
   52  and  the damage has been done as alleged, he shall issue a permit to the
   53  owner of the motor vehicle entitling such owner to possess the  carcass.
   54  Such  permit  shall authorize the owner of the motor vehicle to transfer
   55  the carcass to a designated person.
       A. 9254                             4
    1    3. Whenever the owner  of  such  damaged  motor  vehicle  declines  to
    2  possess  such  deer,  ELK,  moose  or  bear,  the  officer  may  in  his
    3  discretion, issue a permit to possess the carcass  to  any  other  party
    4  requesting such possession.
    5    S  15.  Section  11-0921  of  the  environmental  conservation law, as
    6  amended by chapter 213 of the laws  of  1999,  is  amended  to  read  as
    7  follows:
    8  S 11-0921. Surrender  of  game  unfit  for human consumption; permit for
    9               taking another of species surrendered.
   10    When a wild turkey, wild deer, WILD ELK, WILD MOOSE or  wild  bear  is
   11  taken  by a person holding a license or permit and, upon presentation to
   12  an environmental conservation officer or other  authorized  employee  of
   13  the  department,  it  is  shown  to  the satisfaction of such officer or
   14  authorized employee that its flesh was unfit for  human  consumption  at
   15  the time it was killed, the taker may surrender the carcass to the offi-
   16  cer  or authorized employee and the officer or authorized employee shall
   17  issue the taker a special permit to take another specimen  of  the  same
   18  species as surrendered and for which the season is still open.
   19    S 16. Section 11-0923 of the environmental conservation law, paragraph
   20  a  of  subdivision  1 and subdivision 5 as amended by chapter 160 of the
   21  laws of 1979, subdivision 2 as amended by chapter 312  of  the  laws  of
   22  1980 and subdivision 6 as amended by chapter 600 of the laws of 1993, is
   23  amended to read as follows:
   24  S 11-0923. Dogs.
   25    1. No owner or trainer of a dog shall:
   26    a. allow it to hunt deer, ELK OR MOOSE, or to run at large on enclosed
   27  lands  on  which  wildlife  or  domestic game is possessed under license
   28  issued pursuant to the Fish and Wildlife Law or in any state park, state
   29  park reservation, state-owned game farm or  wildlife  refuge  or  state-
   30  owned or leased wildlife management area;
   31    b.  allow it to run at large in fields or woods inhabited by deer, ELK
   32  OR MOOSE outside the limits of any city  or  village,  except  on  lands
   33  actually  farmed  or  cultivated by the owner or trainer of the dog or a
   34  tenant of such owner or trainer.
   35    2. No owner or trainer of a dog shall take it afield for  training  on
   36  wild  game  except  from August [16] SIXTEEN to April [15] FIFTEEN or as
   37  otherwise permitted by department order.
   38    3. Dogs may be trained on artificially propagated game which is shack-
   39  led, or led or confined game, legally possessed, or on training  dummies
   40  or  other artificial devices at any time on lands owned or leased by the
   41  owner or trainer of the dog or on lands for which he has written permis-
   42  sion of the owner or lessee, provided such training is done in a  manner
   43  to preclude any disturbances injurious to wildlife.
   44    4.  During  the  training  of a dog, the trainer and any person in his
   45  company shall not possess afield a firearm loaded with ammunition  other
   46  than  blank shells or blank cartridges, or inflict any injury to animals
   47  or game birds contrary to law.
   48    5. Dogs hunting deer, ELK OR MOOSE, or hunting any wildlife or  domes-
   49  tic  game on enclosed lands described in paragraph a of subdivision 1 OF
   50  THIS SECTION or on a state game farm  or  wildlife  refuge  or  wildlife
   51  management  area,  may  be killed as provided in section 11-0529 OF THIS
   52  ARTICLE.
   53    6. Wildlife, except skunk, deer, ELK, MOOSE and  bear,  may  be  taken
   54  with the aid of a dog, provided, however, that the department is author-
   55  ized  to  establish a training season during which only persons licensed
   56  by the department pursuant to section 11-0928 of this article may  train
       A. 9254                             5
    1  tracking dogs on bear. Such season shall not begin before July first and
    2  shall  end at least eight days in advance of any open hunting season for
    3  bear and no person  participating  in  such  training  shall  possess  a
    4  firearm  of  any kind or a longbow. Nothing in this subdivision shall be
    5  construed to invalidate or otherwise affect a permit to  track  or  take
    6  bear issued pursuant to subdivision one of section 11-0521 of this arti-
    7  cle.
    8    S  17. Subdivision 7 of section 11-0931 of the environmental conserva-
    9  tion law is amended to read as follows:
   10    7. During any open season for deer,  ELK,  MOOSE  OR  BEAR,  a  person
   11  afield  shall  not  possess  shotgun  shells  loaded with a slug or ball
   12  unless he OR SHE holds a valid license or  permit  to  take  deer,  ELK,
   13  MOOSE or bear.
   14    S  18. Subdivision 6 of section 11-0931 of the environmental conserva-
   15  tion law, as amended by section 24 of part R of chapter 58 of  the  laws
   16  of 2013, is amended to read as follows:
   17    6.  No person while engaged in hunting deer, ELK, MOOSE or bear pursu-
   18  ant to a bowhunting privilege, and no person accompanying him or her  or
   19  a  member  of  his  or her party, while he or she is so engaged during a
   20  special longbow season, shall have in his or her possession a firearm of
   21  any kind, and no person while engaged in hunting deer or  bear  pursuant
   22  to  a muzzle-loading privilege, and no person accompanying him or her or
   23  a member of his or her party, while he or she is  so  engaged  during  a
   24  special  muzzle-loading  firearm  season,  shall  have  in  his  or  her
   25  possession a firearm of any kind other than a muzzle-loading firearm.
   26    S 19. This act shall  take  effect  on  the  first  of  November  next
   27  succeeding the date on which it shall have become a law.