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

                                   842

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 18, 2009
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation

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.
A  permit  from the department must be obtained before liberation of any

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00861-01-9
              

S. 842                              2

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.