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

                                   93

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee 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.

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

                                                           LBD00592-01-5

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  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:
  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 7 to read as follows:
  7.  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 section 5 of part EE of chapter
55 of the laws of 2014, is amended to read as follows:
  b. Wild deer, ELK, MOOSE and bear shall not be taken  except  by  gun,
crossbow 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, ELK, MOOSE or bear.
  S 10. Section 11-0907 of the environmental conservation law is amended
by adding a new subdivision 11 to read as follows:
  11.  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. 93                               3

  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:
  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.

S. 93                               4

Such  permit  shall authorize the owner of the motor vehicle to transfer
the carcass to a designated person.
  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]
ONE  OF THIS SECTION or on a state game farm or wildlife refuge or wild-
life 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-

S. 93                               5

ized to establish a training season during which only  persons  licensed
by  the department pursuant to section 11-0928 of this article may train
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.