S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         93--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by Sens. GALLIVAN, SEWARD -- read twice and ordered printed,
         and when printed to be committed to  the  Committee  on  Environmental
         Conservation  -- committee discharged, bill amended, ordered reprinted
         as amended and recommitted to said committee
       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:
    1    Section 1. Paragraph b of subdivision 2 and paragraph b of subdivision
    2  4  of section 11-0103 of the environmental conservation law, paragraph b
    3  of subdivision 2 as amended by chapter 427 of  the  laws  of  1988,  are
    4  amended to read as follows:
    5    b.  "Big  game" means deer, bear, moose, elk[, except captive bred and
    6  raised North American elk (Cervus elaphus)], caribou and antelope.
    7    b. "Domestic game animal" means white-tailed deer  OR  ELK  propagated
    8  under  a  domestic  game  animal  breeder's  license pursuant to section
    9  11-1905 OF THIS ARTICLE or propagated on a preserve  or  island  outside
   10  the state under a law similar in principle to title 19 of this article.
   11    S  2.  Subdivision 3 of section 11-0505 of the environmental conserva-
   12  tion law, as amended by chapter 135 of the laws of 1982, is  amended  to
   13  read as follows:
   14    3.  No  deer, ELK, MOOSE or bear traps shall be made, set or used upon
   15  land inhabited by deer, ELK, MOOSE or bear. No salt lick shall be  made,
   16  set or used upon land inhabited by deer, ELK, MOOSE or bear, except that
   17  the  department may do so on state wildlife refuges and wildlife manage-
   18  ment areas.
   19    S 3. Section 11-0521 of the environmental conservation law is  amended
   20  by adding a new subdivision 4 to read as follows:
   21    4.  NOTWITHSTANDING  THE  FOREGOING PROVISIONS OF THIS SECTION, IN THE
   22  CASE OF ELK OR MOOSE, THE DEPARTMENT MAY ISSUE  A  LICENSE  BY  RULE  OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01965-02-3
       S. 93--A                            2
    1  REGULATION  TO ALLOW THE TAKING OF INDIVIDUAL ANIMALS THAT ARE DEEMED TO
    2  BE DESTRUCTIVE.
    3    S  4.  Subdivision 5 of section 11-0529 of the environmental conserva-
    4  tion law, as amended by chapter 610 of the laws of 2006, is  amended  to
    5  read as follows:
    6    5.  No  action for damages shall lie against any authorized person for
    7  the killing of a cat, dog or coyote as provided in this section,  EXCEPT
    8  IN  THE CASE OF KILLING A HUNTING DOG USED PURSUANT TO THE PROVISIONS OF
    9  SECTION 11-0928 OF THIS ARTICLE.
   10    S 5. Section 11-0713 of the environmental conservation law is  amended
   11  by adding a new subdivision 6 to read as follows:
   12    6.  THE  COMMISSIONER MAY, BY RULE AND REGULATION, ESTABLISH A LICENSE
   13  LOTTERY FOR ELK AND MOOSE WHEN CONDITIONS WARRANT CONTROL OF  INDIVIDUAL
   14  ANIMALS OR WHEN SUCH BIG GAME ANIMALS CONSTITUTE A NUISANCE POPULATION.
   15    S 6. Subparagraph 2 of paragraph b of subdivision 1 of section 11-0719
   16  of  the environmental conservation law, as amended by chapter 289 of the
   17  laws of 2004, is amended to read as follows:
   18    (2) is convicted of a violation of the Fish and Wildlife Law involving
   19  the illegal taking of a deer, ELK, COW OR CALF ELK, moose  or  bear,  or
   20  signs  an  acknowledgment  of  any  such  violation  of that law for the
   21  purpose of effecting a settlement by civil compromise or by stipulation;
   22  or
   23    S 7. Paragraph b of subdivision 3 of section 11-0901 of  the  environ-
   24  mental  conservation law, as amended by chapter 911 of the laws of 1990,
   25  is amended to read as follows:
   26    b. Wild deer, ELK, MOOSE and bear shall not be taken except by gun  or
   27  by  long  bow.  Where  an  open  season,  set forth in the table of open
   28  seasons in section 11-0907 OF THIS TITLE or otherwise established by law
   29  or fixed by regulation, is specified as an open season for  taking  such
   30  game  by shotgun or long bow only, or is specified as an open season for
   31  taking such game by long bow only, they shall not be taken except as  so
   32  specified.
   33    S  8. Paragraph a and the opening paragraph of paragraph b of subdivi-
   34  sion 4 of section 11-0901 of  the  environmental  conservation  law,  as
   35  amended  by  chapter  600  of  the  laws of 1993, are amended to read as
   36  follows:
   37    a. Wild deer, ELK, MOOSE and bear shall not be taken in water.
   38    No person shall hunt deer, ELK OR MOOSE:
   39    S 9. The opening paragraph of paragraph d and subparagraph 1 of  para-
   40  graph e of subdivision 4 of section 11-0901 of the environmental conser-
   41  vation  law,  as amended by chapter 600 of the laws of 1993, are amended
   42  to read as follows:
   43    The use upon land inhabited by deer, ELK, MOOSE or  bear  of  a  jack-
   44  light,  spotlight or other type of artificial light by any person who is
   45  or is accompanied by a person who is in possession, at the time of  such
   46  use, of a long bow, a crossbow or firearm of any kind, shall be presump-
   47  tive  evidence that such person is hunting deer, ELK, MOOSE or bear with
   48  the aid of such light, in violation of this subdivision, unless:
   49    (1) No person shall use a jacklight, spotlight or other type of  arti-
   50  ficial  light  upon  lands  inhabited by deer, ELK, MOOSE or bear within
   51  five hundred feet from a dwelling house, farm building or farm structure
   52  actually occupied or used, for the purpose of locating, spotting, harry-
   53  ing, worrying or otherwise disturbing deer or bear.
   54    S 10. Section 11-0907 of the environmental conservation law is amended
   55  by adding a new subdivision 10 to read as follows:
       S. 93--A                            3
    1    10. THE COMMISSIONER IS AUTHORIZED TO ESTABLISH,  BY  RULE  AND  REGU-
    2  LATION; LICENSES, SEASONS, MANNER OF TAKING, TAG LIMITS AND LICENSE FEES
    3  FOR BIG GAME NOT SPECIFICALLY DESIGNATED BY THIS SECTION.
    4    S  11.  Paragraphs  a and b of subdivision 3 of section 11-0909 of the
    5  environmental conservation law, as amended by chapter 911 of the laws of
    6  1990, are amended to read as follows:
    7    a. Wild deer, ELK, MOOSE and bear, wild upland game birds,  and  small
    8  game  other  than bobcat, mink, muskrat, raccoon, coyote, fox and skunk,
    9  taken in any open season, shall be  taken  only  between  the  hours  of
   10  sunrise  and  sunset,  unless  otherwise  provided in regulations of the
   11  department.
   12    b. The department shall have the authority to establish by  regulation
   13  hours of hunting wild deer, ELK, MOOSE and bear, wild upland game birds,
   14  and  small  game, other than bobcat, mink, muskrat, raccoon, coyote, fox
   15  and skunk, during the open season provided therefor.
   16    S 12. The section heading, paragraph a of subdivision 1  and  subdivi-
   17  sion  2  of section 11-0911 of the environmental conservation law, para-
   18  graph a of subdivision 1 as added by section 8 of part D of  chapter  61
   19  of the laws of 2000, are amended to read as follows:
   20    Procedure  on taking [wild deer and bear; transportation of wild deer]
   21  AND TRANSPORTING BIG GAME.
   22    a. When [a wild deer] BIG GAME is taken the  taker  shall  immediately
   23  fill  in, using ink, ball point pen or indelible pencil, the [deer] tags
   24  issued to the taker as provided in regulations of  the  department.  The
   25  taker  shall  immediately  cut out or mark the month and date of kill on
   26  the tag and shall attach it to the [deer] ANIMAL, except  that  it  need
   27  not  be attached to the [deer] ANIMAL while it is being dragged or phys-
   28  ically carried by the taker to a camp or point where  other  transporta-
   29  tion  is  available.  The taker shall report details of the location and
   30  date of harvest and data on the [deer] ANIMAL as required by regulation.
   31    2. The taker shall remove his [deer] OR HER BIG GAME ANIMAL out of the
   32  woods or open country to a camp or other inhabited location by  midnight
   33  of  the  day  immediately following the expiration of the open season in
   34  the county or part of a county in which the [deer] ANIMAL was taken.
   35    S 13. Section 11-0911 of the environmental conservation law is amended
   36  by adding a new subdivision 8 to read as follows:
   37    8. NO PERSON TAKING, POSSESSING OR TRANSPORTING  ELK  OR  MOOSE  SHALL
   38  FAIL  TO  COMPLY WITH ANY REQUIREMENTS ESTABLISHED BY RULE OR REGULATION
   39  PURSUANT TO THIS SECTION.
   40    S 14. Section  11-0915  of  the  environmental  conservation  law,  as
   41  amended  by  chapter  190  of  the  laws  of 1999, is amended to read as
   42  follows:
   43  S 11-0915. Disposal of [deer, moose and bear] BIG GAME  killed  uninten-
   44                 tionally by collision.
   45    The  owner  of a motor vehicle which has been damaged by unintentional
   46  collision with a deer, ELK, moose or bear shall be entitled  to  possess
   47  such [deer, moose or bear] BIG GAME under the following conditions:
   48    1.  The accident is reported to an environmental conservation officer,
   49  a member of the State Police, a member of the  sheriff's  department  in
   50  which  the accident occurred or, if the accident occurred on lands under
   51  the jurisdiction of the office of parks, recreation and historic preser-
   52  vation, to an officer of the regional park police having law enforcement
   53  responsibilities on such lands, or to any police officer of a city, town
   54  or  village  located  in  the  county  of  such  accident  within   [24]
   55  TWENTY-FOUR hours thereafter.
       S. 93--A                            4
    1    2. The officer shall investigate and, if he finds the deer, ELK, moose
    2  or  bear  has  been killed or so injured as to require that it be killed
    3  and the damage has been done as alleged, he shall issue a permit to  the
    4  owner  of the motor vehicle entitling such owner to possess the carcass.
    5  Such  permit  shall authorize the owner of the motor vehicle to transfer
    6  the carcass to a designated person.
    7    3. Whenever the owner  of  such  damaged  motor  vehicle  declines  to
    8  possess  such  deer,  ELK,  moose  or  bear,  the  officer  may  in  his
    9  discretion, issue a permit to possess the carcass  to  any  other  party
   10  requesting such possession.
   11    S  15.  Section  11-0921  of  the  environmental  conservation law, as
   12  amended by chapter 213 of the laws  of  1999,  is  amended  to  read  as
   13  follows:
   14  S 11-0921. Surrender  of  game  unfit  for human consumption; permit for
   15               taking another of species surrendered.
   16    When a wild turkey, wild deer, WILD ELK, WILD MOOSE or  wild  bear  is
   17  taken  by a person holding a license or permit and, upon presentation to
   18  an environmental conservation officer or other  authorized  employee  of
   19  the  department,  it  is  shown  to  the satisfaction of such officer or
   20  authorized employee that its flesh was unfit for  human  consumption  at
   21  the time it was killed, the taker may surrender the carcass to the offi-
   22  cer  or authorized employee and the officer or authorized employee shall
   23  issue the taker a special permit to take another specimen  of  the  same
   24  species as surrendered and for which the season is still open.
   25    S 16. Section 11-0923 of the environmental conservation law, paragraph
   26  a  of  subdivision  1 and subdivision 5 as amended by chapter 160 of the
   27  laws of 1979, subdivision 2 as amended by chapter 312  of  the  laws  of
   28  1980 and subdivision 6 as amended by chapter 600 of the laws of 1993, is
   29  amended to read as follows:
   30  S 11-0923. Dogs.
   31    1. No owner or trainer of a dog shall:
   32    a. allow it to hunt deer, ELK OR MOOSE, or to run at large on enclosed
   33  lands  on  which  wildlife  or  domestic game is possessed under license
   34  issued pursuant to the Fish and Wildlife Law or in any state park, state
   35  park reservation, state-owned game farm or  wildlife  refuge  or  state-
   36  owned or leased wildlife management area;
   37    b.  allow it to run at large in fields or woods inhabited by deer, ELK
   38  OR MOOSE outside the limits of any city  or  village,  except  on  lands
   39  actually  farmed  or  cultivated by the owner or trainer of the dog or a
   40  tenant of such owner or trainer.
   41    2. No owner or trainer of a dog shall take it afield for  training  on
   42  wild  game  except  from August [16] SIXTEEN to April [15] FIFTEEN or as
   43  otherwise permitted by department order.
   44    3. Dogs may be trained on artificially propagated game which is shack-
   45  led, or led or confined game, legally possessed, or on training  dummies
   46  or  other artificial devices at any time on lands owned or leased by the
   47  owner or trainer of the dog or on lands for which he has written permis-
   48  sion of the owner or lessee, provided such training is done in a  manner
   49  to preclude any disturbances injurious to wildlife.
   50    4.  During  the  training  of a dog, the trainer and any person in his
   51  company shall not possess afield a firearm loaded with ammunition  other
   52  than  blank shells or blank cartridges, or inflict any injury to animals
   53  or game birds contrary to law.
   54    5. Dogs hunting deer, ELK OR MOOSE, or hunting any wildlife or  domes-
   55  tic  game on enclosed lands described in paragraph a of subdivision 1 OF
   56  THIS SECTION or on a state game farm  or  wildlife  refuge  or  wildlife
       S. 93--A                            5
    1  management  area,  may  be killed as provided in section 11-0529 OF THIS
    2  ARTICLE.
    3    6.  Wildlife,  except  skunk,  deer, ELK, MOOSE and bear, may be taken
    4  with the aid of a dog, provided, however, that the department is author-
    5  ized to establish a training season during which only  persons  licensed
    6  by  the department pursuant to section 11-0928 of this article may train
    7  tracking dogs on bear. Such season shall not begin before July first and
    8  shall end at least eight days in advance of any open hunting season  for
    9  bear  and  no  person  participating  in  such  training shall possess a
   10  firearm of any kind or a longbow. Nothing in this subdivision  shall  be
   11  construed  to  invalidate  or otherwise affect a permit to track or take
   12  bear issued pursuant to subdivision one of section 11-0521 of this arti-
   13  cle.
   14    S 17. Subdivision 7 of section 11-0931 of the environmental  conserva-
   15  tion law, is amended to read as follows:
   16    7.  During  any  open  season  for  deer, ELK, MOOSE OR BEAR, a person
   17  afield shall not possess shotgun shells  loaded  with  a  slug  or  ball
   18  unless  he  OR  SHE  holds  a valid license or permit to take deer, ELK,
   19  MOOSE or bear.
   20    S 18. Subdivision 6 of section 11-0931 of the environmental  conserva-
   21  tion  law,  as  amended by chapter 97 of the laws of 1978, is amended to
   22  read as follows:
   23    6. No person while engaged in hunting deer, ELK, MOOSE or bear  pursu-
   24  ant  to  a  bowhunting stamp, and no person accompanying him OR HER or a
   25  member of his OR HER party, while he OR  SHE  is  so  engaged  during  a
   26  special longbow season, shall have in his OR HER possession a firearm of
   27  any  kind,  and no person while engaged in hunting deer or bear pursuant
   28  to a muzzle-loading stamp, and no person accompanying him OR  HER  or  a
   29  member  of  his  OR  HER  party,  while he OR SHE is so engaged during a
   30  special  muzzle-loading  firearm  season,  shall  have  in  his  OR  HER
   31  possession a firearm of any kind other than a muzzle-loading firearm.
   32    S  19.  This  act  shall  take  effect  on  the first of November next
   33  succeeding the date on which it shall have become a law.