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