senate Bill S93A

Amended

Regulates taking of elk or moose in the same manner as deer hunting and trapping are currently regulated

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 12 / Feb / 2013
    • AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 12 / Feb / 2013
    • PRINT NUMBER 93A
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 28 / Jan / 2014
    • AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 28 / Jan / 2014
    • PRINT NUMBER 93B
  • 13 / May / 2014
    • 1ST REPORT CAL.617
  • 14 / May / 2014
    • 2ND REPORT CAL.
  • 19 / May / 2014
    • ADVANCED TO THIRD READING
  • 10 / Jun / 2014
    • PASSED SENATE
  • 10 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 10 / Jun / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

Regulates hunting and trapping of elk or moose in the same manner as deer hunting and trapping are currently regulated; takes effect on the first day of November next succeeding the date on which it shall have become a law.

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Bill Details

Versions:
S93
S93A
S93B
Legislative Cycle:
2013-2014
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd En Con L, generally
Versions Introduced in Previous Legislative Cycles:
2011-2012: S6556
2009-2010: A2413, S2239
2007-2008: A10905A

Sponsor Memo

BILL NUMBER:S93A

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to hunting or trapping of elk and moose

PURPOSE:

Regulate taking of elk and moose in the same manner as deer hunting and
trapping is currently regulated.

SUMMARY OF PROVISIONS:

Amends certain sections of the Environmental Conservation Law to make
the taking of elk and moose in New York regulated in the same manner as
deer.

JUSTIFICATION:

New York states approach to regulating the deer population has, on the
whole, been balanced and successful. This bill would apply those same
provisions to the elk and moose population.

LEGISLATIVE HISTORY:

2011-12: S.6556/A.2413 Passed Senate/Referred to Environmental Conserva-
tion
2009-10: S.2239/A.815
2007-08: S.4252/A.2417
2005-06: S.1523/A.1537
2001-02: S.5678/A.7333
2003-04: A.1098

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date on which it shall have become a law, with
provisions.

view bill text
                    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:

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01965-02-3

S. 93--A                            2

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:
  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:

S. 93--A                            3

  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:
  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.

S. 93--A                            4

  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.
  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

S. 93--A                            5

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
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 chapter 97 of the laws of 1978, is amended to
read as follows:
  6. No person while engaged in hunting deer, ELK, MOOSE or bear  pursu-
ant  to  a  bowhunting stamp, 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 stamp, 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.

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