S287-2013 Actions

• May 8, 2013: 2ND REPORT CAL.
• May 7, 2013: 1ST REPORT CAL.561
• Jan 9, 2013: REFERRED TO ENVIRONMENTAL CONSERVATION

S287-2013 Meetings

S287-2013 Calendars

S287-2013 Votes

S287-2013 Memo

BILL NUMBER:S287

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
S.2650A Passed Senate in 2011

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.

S287-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          287
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02451-01-3
 
       S. 287                              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. Paragraphs c and c-1 and the closing paragraph of  subdivision  2
 of section 11-0903 of the environmental conservation law, paragraph c as
 amended  and  paragraph  c-1 as added by chapter 366 of the laws of 2011
 and the closing paragraph of subdivision 2 as amended by chapter 911  of
 the laws of 1990, are amended to read as follows:

 c. pheasants [anywhere in the state other than Long Island];
 [c-1.  pheasants  on  Long  Island, but only for those individuals who
 hold a junior license, and provided that  such  youth  pheasant  hunting
 days  are  held  prior  to  the start of the open season as indicated in
 paragraph d of subdivision two of section 11-0905 of this title;]
 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.
 

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.

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