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

  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  OF  THIS  ARTICLE 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 PROVISIONS OF THIS  SECTION,  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.
  S  4.  Subdivision 5 of section 11-0529 of the environmental conserva-
tion law, as amended by chapter 610 of the laws of 2006, is  amended  to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01965-05-4
              

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  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
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:

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  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.
  2. The taker shall remove his [deer] OR HER 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 county 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.

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  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:
  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 OF
THIS SECTION 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

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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. Subdivision 7 of section 11-0931 of the environmental conserva-
tion law is amended to read as follows:
  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 OR SHE holds a valid license or  permit  to  take  deer,  ELK,
MOOSE or bear.
  S  18. Subdivision 6 of section 11-0931 of the environmental conserva-
tion law, as amended by section 24 of part R of chapter 58 of  the  laws
of 2013, is amended to read as follows:
  6.  No person while engaged in hunting deer, ELK, MOOSE or bear pursu-
ant to a bowhunting privilege, and no person accompanying him or her  or
a  member  of  his  or her party, while he or she is so engaged during a
special longbow season, shall have in his or her possession a firearm of
any kind, and no person while engaged in hunting deer or  bear  pursuant
to  a muzzle-loading privilege, and no person accompanying him or her or
a member of his or her party, while he or she is  so  engaged  during  a
special  muzzle-loading  firearm  season,  shall  have  in  his  or  her
possession a firearm of any kind other than a muzzle-loading firearm.
  S 19. This act shall  take  effect  on  the  first  of  November  next
succeeding the date on which it shall have become a law.