S T A T E   O F   N E W   Y O R K
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                                   823

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. DelMONTE, GUNTHER -- Multi-Sponsored by -- M. of
  A. REILLY, SCHROEDER -- read once and referred  to  the  Committee  on
  Environmental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  management of wildlife resources

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  3  of  section  11-0507 of the environmental
conservation law is amended to read as follows:
  3. No person shall willfully liberate within the  state  any  wildlife
except  under  permit from the department. The department may issue such
permit in its discretion, fix the terms thereof and revoke it at  pleas-
ure.  These provisions do not apply to migratory game birds, importation
of which is governed by regulation of the department OR TO  THE  RELEASE
OF  RING-NECKED  PHEASANT OR QUAIL DURING THE PERIOD AUGUST SIXTEENTH TO
APRIL FIFTEENTH.
  S 2. Paragraph b of subdivision 1 of section 11-0925 of  the  environ-
mental conservation law, as added by chapter 432 of the laws of 1997, is
amended to read as follows:
  b.  The operator of a special dog training area may at any time during
the year train the operator's own dogs or the dogs of other  persons  on
such  area, and permit others to train dogs. The operator may hold field
trials on wild game, or on liberated game, or on liberated  artificially
propagated  game,  or  on led or confined game, or may in writing permit
others to hold such trials, under such conditions  as  shall  be  agreed
upon  by  the operator and such other person; but no game shall be taken
by shooting at such field trial. No persons  shall,  on  a  special  dog
training  area,  train a dog, hold a field trial, enter accompanied by a
dog, or permit a dog of which he is  the  owner  or  trainer  to  enter,
except  as provided in this section or in rules adopted pursuant hereto.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00861-01-9

A. 823                              2

A permit from the department must be obtained before liberation  of  any
wildlife, EXCEPT FOR THE RELEASE OF RING-NECKED PHEASANT OR QUAIL DURING
THE  PERIOD AUGUST SIXTEENTH TO APRIL FIFTEENTH and such a permit may be
withheld  if, in the opinion of the department, granting it would endan-
ger the health of native wildlife species.
  S 3. Paragraph b of subdivision 2 of section 11-0927 of  the  environ-
mental conservation law is amended to read as follows:
  b.  A  permit  from  the  department is required for liberation of any
wildlife. THIS PROVISION DOES NOT APPLY TO RELEASE OF RING-NECKED PHEAS-
ANT OR QUAIL DURING THE PERIOD AUGUST SIXTEENTH TO APRIL FIFTEENTH.
  S 4. Paragraph c and the closing paragraph of subdivision 2 and subdi-
vision 3 of section 11-0903 of the environmental conservation law, para-
graph c and the closing paragraph of subdivision 2 and  paragraph  b  of
subdivision  3 as amended and paragraph a of subdivision 3 as relettered
by chapter 911 of the laws of 1990, are amended to read as follows:
  c. pheasants[, except on Long Island];
  Such open seasons and bag limits may be fixed for the  entire  state[,
except  on  Long  Island in the case of pheasants], or for any county or
part thereof, giving due regard to abundance of the species  and  poten-
tial   hunting   pressure.  The  department  may  regulate  the  taking,
possession and disposition of wild turkeys.
  3. [a. On Long Island, the open season for the taking of hen pheasants
shall be only during the open season for the taking of pheasants  speci-
fied  in  item  d  of  the  table  appearing as subdivision 2 of section
11-0905.
  b.] Any open season for pheasants, fixed by regulation of the  depart-
ment  in  the counties of Albany, Clinton, Columbia, Delaware, Dutchess,
Essex, Franklin, Fulton, Greene, Herkimer, Jefferson, Lewis, Montgomery,
Oneida,  Orange,  Oswego,  Otsego,  Putnam,  Rensselaer,  Rockland,  St.
Lawrence, Schenectady, Sullivan and Ulster shall include the intervening
Sundays as part of such open season.
  S  5.  Paragraphs  d  and e of subdivision 2 of section 11-0905 of the
environmental conservation law, as amended by chapter 911 of the laws of
1990, are amended to read as follows:

d. Ring-necked           [Long Island November  [Long Island, four
    pheasant             1 through December     birds in one day,
                         31. Elsewhere, fixed]  thirty during season.
                         FIXED annually by      Elsewhere, fixed] FIXED
                         regulation             annually by regulation

e. Quail                 [Orange, Putnam and    [Orange, Putnam and
                         Westchester counties,  Westchester counties;
                         fixed] FIXED annually  four birds in one day,
                         by regulation[; Long   ten during season.
                         Island, November 1     Long Island, six birds
                         through December 31]   in one day, forty
                                                during season]
                                                FIXED ANNUALLY BY
                                                REGULATION.

  S 6. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.