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

                                  2239

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 13, 2009
                               ___________

Introduced  by  Sens.  VOLKER, MAZIARZ, SEWARD -- read twice and ordered
  printed, and when printed to be committed to the Committee on Environ-
  mental 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:

  Section 1. Paragraph b of subdivision 2 and paragraph b of subdivision
4  of section 11-0103 of the environmental conservation law, paragraph b
of subdivision 2 as amended by chapter 427 of  the  laws  of  1988,  are
amended to read as follows:
  b.  "Big  game" means deer, bear, moose, elk[, except captive bred and
raised North American elk (Cervus elaphus)], caribou and antelope.
  b. "Domestic game animal" means white-tailed deer  OR  ELK  propagated
under  a  domestic  game  animal  breeder's  license pursuant to section
11-1905 or propagated on a preserve or island outside the state under  a
law similar in principle to title 19 of this article.
  S  2.  Subdivision 3 of section 11-0505 of the environmental conserva-
tion law, as amended by chapter 135 of the laws of 1982, is  amended  to
read as follows:
  3.  No  deer, ELK, MOOSE or bear traps shall be made, set or used upon
land inhabited by deer, ELK, MOOSE or bear. No salt lick shall be  made,
set or used upon land inhabited by deer, ELK, MOOSE or bear, except that
the  department may do so on state wildlife refuges and wildlife manage-
ment areas.
  S 3. Section 11-0521 of the environmental conservation law is  amended
by adding a new subdivision 4 to read as follows:
  4.  NOTWITHSTANDING  THE  FOREGOING,  IN THE CASE OF ELK OR MOOSE, THE
DEPARTMENT MAY ISSUE A LICENSE BY RULE OR REGULATION TO ALLOW THE TAKING
OF INDIVIDUAL ANIMALS THAT ARE DEEMED TO BE DESTRUCTIVE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00858-01-9

              

S. 2239                             2

  S 4. Section 11-0529 of the environmental conservation  law,  subdivi-
sions 1 and 4 as amended by chapter 911 of the laws of 1990 and subdivi-
sions  2 and 5 as amended by chapter 610 of the laws of 2006, is amended
to read as follows:
S 11-0529. Cats hunting birds; dogs pursuing deer or killing other wild-
             life in certain areas.
  1.  Any  person  over the age of twenty-one years possessing a hunting
license may, and environmental conservation officers and peace officers,
acting pursuant to  their  special  duties,  or  police  officers  shall
humanely  destroy  cats  at large found hunting or killing any protected
wild bird  or  with  a  dead  bird  of  any  protected  species  in  its
possession.
  2.  Every environmental conservation officer, forest ranger and member
of the state police may kill any dog (a) ACTIVELY  pursuing  or  killing
deer, ELK OR MOOSE within the Adirondack or Catskill parks, at any time;
(b)  pursuing or killing any game or wildlife on a state-owned game farm
or wildlife refuge; or (c) pursuing or killing any game or wildlife on a
state-owned or leased wildlife  management  area,  except  a  dog  being
legally used for hunting small game or for dog training.
  3.  Every  park patrolman, park ranger and member of the state police,
county police and town police may kill any dog pursuing or killing deer,
ELK OR MOOSE within any state park or  state  park  reservation  at  any
time.
  4. At any time (a) any environmental conservation officer, dog warden,
forest  ranger or member of the state police, anywhere in the state, (b)
any member of any town police within the limits of  the  town  of  which
such  member  is  an  officer,  (c) any member of the Westchester County
Parkway police on any park, parkway or reservation owned  or  controlled
by  the  county  of  Westchester  or (d) any member of a police force or
department of any county, city, town or village in which such member has
jurisdiction and is regularly employed may  kill  any  dog  pursuing  or
killing deer, ELK OR MOOSE and any coyote killing a domestic animal.
  5.  No  action for damages shall lie against any authorized person for
the killing of a cat, dog or coyote as provided in this section,  EXCEPT
IN  THE CASE OF KILLING A HUNTING DOG USED PURSUANT TO THE PROVISIONS OF
SECTION 11-0928 OF THIS ARTICLE.
  S 5. Section 11-0713 of the environmental conservation law is  amended
by adding a new subdivision 6 to read as follows:
  6.  THE  COMMISSIONER MAY, BY RULE AND REGULATION, ESTABLISH A LICENSE
LOTTERY FOR ELK AND MOOSE WHEN CONDITIONS WARRANT CONTROL OF  INDIVIDUAL
ANIMALS OR WHEN SUCH BIG GAME ANIMALS CONSTITUTE A NUISANCE POPULATION.
  S 6. Subparagraph 2 of paragraph b of subdivision 1 of section 11-0719
of  the environmental conservation law, as amended by chapter 289 of the
laws of 2004, is amended to read as follows:
  (2) is convicted of a violation of the Fish and Wildlife Law involving
the illegal taking of a deer, ELK, COW OR CALF ELK, moose  or  bear,  or
signs  an  acknowledgment  of  any  such  violation  of that law for the
purpose of effecting a settlement by civil compromise or by stipulation;
or
  S 7. Paragraph b of subdivision 3 of section 11-0901 of  the  environ-
mental  conservation law, as amended by chapter 911 of the laws of 1990,
is amended to read as follows:
  b. Wild deer, ELK, MOOSE and bear shall not be taken except by gun  or
by  long  bow.  Where  an  open  season,  set forth in the table of open
seasons in section 11-0907 OF THIS TITLE or otherwise established by law
or fixed by regulation, is specified as an open season for  taking  such

S. 2239                             3

game  by shotgun or long bow only, or is specified as an open season for
taking such game by long bow only, they shall not be taken except as  so
specified.
  S  8. Paragraph a and the opening paragraph of paragraph b of subdivi-
sion 4 of section 11-0901 of  the  environmental  conservation  law,  as
amended  by  chapter  600  of  the  laws of 1993, are amended to read as
follows:
  a. Wild deer, ELK, MOOSE and bear shall not be taken in water.
  No person shall hunt deer, ELK OR MOOSE:
  S 9. The opening paragraph of paragraph d and subparagraph 1 of  para-
graph e of subdivision 4 of section 11-0901 of the environmental conser-
vation  law,  as amended by chapter 600 of the laws of 1993, are amended
to read as follows:
  The use upon land inhabited by deer, ELK, MOOSE or  bear  of  a  jack-
light,  spotlight or other type of artificial light by any person who is
or is accompanied by a person who is in possession, at the time of  such
use, of a long bow, a crossbow or firearm of any kind, shall be presump-
tive  evidence that such person is hunting deer, ELK, MOOSE or bear with
the aid of such light, in violation of this subdivision, unless:
  (1) No person shall use a jacklight, spotlight or other type of  arti-
ficial  light  upon  lands  inhabited by deer, ELK, MOOSE or bear within
five hundred feet from a dwelling house, farm building or farm structure
actually occupied or used, for the purpose of locating, spotting, harry-
ing, worrying or otherwise disturbing deer or bear.
  S 10. Section 11-0907 of the environmental conservation law is amended
by adding a new subdivision 10 to read as follows:
  10. THE COMMISSIONER IS AUTHORIZED TO ESTABLISH,  BY  RULE  AND  REGU-
LATION; LICENSES, SEASONS, MANNER OF TAKING, TAG LIMITS AND LICENSE FEES
FOR BIG GAME NOT SPECIFICALLY DESIGNATED BY THIS SECTION.
  S  11.  Paragraphs  a and b of subdivision 3 of section 11-0909 of the
environmental conservation law, as amended by chapter 911 of the laws of
1990, are amended to read as follows:
  a. Wild deer, ELK, MOOSE and bear, wild upland game birds,  and  small
game  other  than bobcat, mink, muskrat, raccoon, coyote, fox and skunk,
taken in any open season, shall be  taken  only  between  the  hours  of
sunrise  and  sunset,  unless  otherwise  provided in regulations of the
department.
  b. The department shall have the authority to establish by  regulation
hours of hunting wild deer, ELK, MOOSE and bear, wild upland game birds,
and  small  game, other than bobcat, mink, muskrat, raccoon, coyote, fox
and skunk, during the open season provided therefor.
  S 12. The section heading, paragraph a of subdivision 1  and  subdivi-
sion  2  of section 11-0911 of the environmental conservation law, para-
graph a of subdivision 1 as added by section 8 of part D of  chapter  61
of the laws of 2000, are amended to read as follows:
  Procedure  on taking [wild deer and bear; transportation of wild deer]
AND TRANSPORTING BIG GAME.
  a. When [a wild deer] BIG GAME is taken the  taker  shall  immediately
fill  in, using ink, ball point pen or indelible pencil, the [deer] tags
issued to the taker as provided in regulations of  the  department.  The
taker  shall  immediately  cut out or mark the month and date of kill on
the tag and shall attach it to the [deer] ANIMAL, except  that  it  need
not  be attached to the [deer] ANIMAL while it is being dragged or phys-
ically carried by the taker to a camp or point where  other  transporta-
tion  is  available.  The taker shall report details of the location and
date of harvest and data on the [deer] ANIMAL as required by regulation.

S. 2239                             4

  2. The taker shall remove his [deer] BIG GAME ANIMAL out of the  woods
or open country to a camp or other inhabited location by midnight of the
day immediately following the expiration of the open season in the coun-
ty or part of a county in which the [deer] ANIMAL was taken.
  S 13. Section 11-0911 of the environmental conservation law is amended
by adding a new subdivision 8 to read as follows:
  8.  NO  PERSON  TAKING,  POSSESSING OR TRANSPORTING ELK OR MOOSE SHALL
FAIL TO COMPLY WITH ANY REQUIREMENTS ESTABLISHED BY RULE  OR  REGULATION
PURSUANT TO THIS SECTION.
  S  14.  Section  11-0915  of  the  environmental  conservation law, as
amended by chapter 190 of the laws  of  1999,  is  amended  to  read  as
follows:
S 11-0915. Disposal  of  [deer, moose and bear] BIG GAME killed uninten-
               tionally by collision.
  The owner of a motor vehicle which has been damaged  by  unintentional
collision  with  a deer, ELK, moose or bear shall be entitled to possess
such [deer, moose or bear] BIG GAME under the following conditions:
  1. The accident is reported to an environmental conservation  officer,
a  member  of  the State Police, a member of the sheriff's department in
which the accident occurred or, if the accident occurred on lands  under
the jurisdiction of the office of parks, recreation and historic preser-
vation, to an officer of the regional park police having law enforcement
responsibilities on such lands, or to any police officer of a city, town
or   village  located  in  the  county  of  such  accident  within  [24]
TWENTY-FOUR hours thereafter.
  2. The officer shall investigate and, if he finds the deer, ELK, moose
or bear has been killed or so injured as to require that  it  be  killed
and  the damage has been done as alleged, he shall issue a permit to the
owner of the motor vehicle entitling such owner to possess the  carcass.
Such  permit  shall authorize the owner of the motor vehicle to transfer
the carcass to a designated person.
  3. Whenever the owner  of  such  damaged  motor  vehicle  declines  to
possess  such  deer,  ELK,  moose  or  bear,  the  officer  may  in  his
discretion, issue a permit to possess the carcass  to  any  other  party
requesting such possession.
  S  15.  Section  11-0921  of  the  environmental  conservation law, as
amended by chapter 213 of the laws  of  1999,  is  amended  to  read  as
follows:
S 11-0921. Surrender  of  game  unfit  for human consumption; permit for
             taking another of species surrendered.
  When a wild turkey, wild deer, WILD ELK, WILD MOOSE or  wild  bear  is
taken  by a person holding a license or permit and, upon presentation to
an environmental conservation officer or other  authorized  employee  of
the  department,  it  is  shown  to  the satisfaction of such officer or
authorized employee that its flesh was unfit for  human  consumption  at
the time it was killed, the taker may surrender the carcass to the offi-
cer  or authorized employee and the officer or authorized employee shall
issue the taker a special permit to take another specimen  of  the  same
species as surrendered and for which the season is still open.
  S 16. Section 11-0923 of the environmental conservation law, paragraph
a  of  subdivision  1 and subdivision 5 as amended by chapter 160 of the
laws of 1979, subdivision 2 as amended by chapter 312  of  the  laws  of
1980 and subdivision 6 as amended by chapter 600 of the laws of 1993, is
amended to read as follows:
S 11-0923. Dogs.
  1. No owner or trainer of a dog shall:

S. 2239                             5

  a. allow it to hunt deer, ELK OR MOOSE, or to run at large on enclosed
lands  on  which  wildlife  or  domestic game is possessed under license
issued pursuant to the Fish and Wildlife Law or in any state park, state
park reservation, state-owned game farm or  wildlife  refuge  or  state-
owned or leased wildlife management area;
  b.  allow it to run at large in fields or woods inhabited by deer, ELK
OR MOOSE outside the limits of any city  or  village,  except  on  lands
actually  farmed  or  cultivated by the owner or trainer of the dog or a
tenant of such owner or trainer.
  2. No owner or trainer of a dog shall take it afield for  training  on
wild  game  except  from August [16] SIXTEEN to April [15] FIFTEEN or as
otherwise permitted by department order.
  3. Dogs may be trained on artificially propagated game which is shack-
led, or led or confined game, legally possessed, or on training  dummies
or  other artificial devices at any time on lands owned or leased by the
owner or trainer of the dog or on lands for which he has written permis-
sion of the owner or lessee, provided such training is done in a  manner
to preclude any disturbances injurious to wildlife.
  4.  During  the  training  of a dog, the trainer and any person in his
company shall not possess afield a firearm loaded with ammunition  other
than  blank shells or blank cartridges, or inflict any injury to animals
or game birds contrary to law.
  5. Dogs hunting deer, ELK OR MOOSE, or hunting any wildlife or  domes-
tic  game on enclosed lands described in paragraph a of subdivision 1 or
on a state game farm or wildlife refuge or wildlife management area, may
be killed as provided in section 11-0529 OF THIS ARTICLE.
  6. Wildlife, except skunk, deer, ELK, MOOSE and  bear,  may  be  taken
with the aid of a dog, provided, however, that the department is author-
ized  to  establish a training season during which only persons licensed
by the department pursuant to section 11-0928 of this article may  train
tracking dogs on bear. Such season shall not begin before July first and
shall  end at least eight days in advance of any open hunting season for
bear and no person  participating  in  such  training  shall  possess  a
firearm  of  any kind or a longbow. Nothing in this subdivision shall be
construed to invalidate or otherwise affect a permit to  track  or  take
bear issued pursuant to subdivision one of section 11-0521 of this arti-
cle.
  S  17.  Subdivisions  6  and 7 of section 11-0931 of the environmental
conservation law, subdivision 6 as amended by chapter 97 of the laws  of
1978, are amended to read as follows:
  6.  No person while engaged in hunting deer, ELK, MOOSE or bear pursu-
ant to a bowhunting stamp, and no person accompanying him or a member of
his party, while he is so engaged during a special longbow season, shall
have in his possession a firearm  of  any  kind,  and  no  person  while
engaged  in hunting deer or bear pursuant to a muzzle-loading stamp, and
no person accompanying him or a member of his  party,  while  he  is  so
engaged  during  a  special muzzle-loading firearm season, shall have in
his possession a  firearm  of  any  kind  other  than  a  muzzle-loading
firearm.
  7.  During  any  open  season  for  deer, ELK, MOOSE OR BEAR, a person
afield shall not possess shotgun shells  loaded  with  a  slug  or  ball
unless  he  holds  a valid license or permit to take deer, ELK, MOOSE or
bear.
  S 18. This act shall  take  effect  on  the  first  of  November  next
succeeding the date on which it shall have become a law.