Relates to management of wildlife resources; permits the release of certain ring-necked pheasant or quail birds without permit; adjusts the hunting season to August 16 to April 15, catch limits, and geographic areas for hunting certain species.
Ayes (13): Grisanti, Johnson, LaValle, Little, Marcellino, Maziarz, O'Mara, Young, Avella, Espaillat, Oppenheimer, Serrano, Stewart-Cousins
Nays (1): Perkins
Ayes (59): Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (2): Perkins, Serrano
Excused (1): Adams
TITLE OF BILL: An act to amend the environmental conservation law, in relation to management of wildlife resources
PURPOSE: To amend several sections of the Environmental Conservation Law (ECL) to simplify, clarify and eliminate inconsistencies relating to management of pheasants and quails.
SUMMARY OF SPECIFIC PROVISIONS: This legislation would allow the Department to set the open season and bag limits for the taking of pheasants and quails on Long Island annually by regulation, as it currently does for those species in the rest of the State. Under current law the open season and bag limits for pheasants and quail on Long Island are set in statute. In addition, this legislation eliminates the need to obtain an immediate release permit for the liberation of ring-neck pheasants between August 16 and April 15.
JUSTIFICATION: Season bag limits for pheasant and quail are still specified for certain portions of the State. This law is difficult to enforce and not needed given the widespread understanding and satisfaction with statewide daily bag limits.
At the present time, an immediate release permit is required to purchase and release ring-neck pheasants without holding them in captivity. This is a common activity for many individuals and clubs and the permit serves no value except to create an additional, unneeded step in the process for legitimate sportsmen. It is often a low priority for the ECOs to issue this permit and at times can result in needless delay. The August 16 to April 15 period provided in this bill is consistent with the period in which dogs may be taken afield for training on wild game.
PRIOR LEGISLATIVE HISTORY: Passed Senate every year from 2000-2008. S.842 of 2009/10 Referred to Environmental Conservation
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This bill shall take effect on the first of January next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 2650 2011-2012 Regular Sessions IN SENATE January 27, 2011 ___________Introduced by Sens. GRISANTI, MARCELLINO -- 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 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 anyEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02239-01-1 S. 2650 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 NovemberFIXED regulation annually by regulation e. Quail [Long Island, four pheasant 1 through December birds in one day, 31. Elsewhere, fixed]thirty during season. FIXED annually by Elsewhere, fixed] [Orange, Putnam andFIXED 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. [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]