S T A T E   O F   N E W   Y O R K
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                                  5340

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 13, 2015
                               ___________

Introduced  by  Sen. AMEDORE -- 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
  authorize  the use of dogs for the tracking and taking of bear; and to
  amend the agriculture and markets law, in relation to dogs engaged  in
  hunting and training

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (c) of subdivision 2 of section  11-0529  of  the
environmental conservation law, as amended by chapter 610 of the laws of
2006, is amended to read as follows:
  (c)  pursuing  or  killing  any  game  or wildlife on a state-owned or
leased wildlife management area, except a dog  being  legally  used  for
hunting small game OR BEAR, or for dog training.
  S  2.  Subdivisions  2  and  6 of section 11-0923 of the environmental
conservation law, 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,
are amended to read as follows:
  2.  No  owner or trainer of a dog shall take it afield for training on
wild game except from August 16 to April 15 or as otherwise permitted by
department order; PROVIDED, HOWEVER, THAT NO OWNER OR TRAINER OF  A  DOG
SHALL  TAKE  IT  AFIELD FOR TRAINING ON BEAR EXCEPT FROM JULY 1 TO EIGHT
DAYS PRIOR TO ANY OPEN HUNTING SEASON FOR BEAR.
  6. Wildlife, except skunk[,] AND deer [and bear], may  be  taken  with
the  aid of a dog[, provided, however, that the department is authorized
to establish a training season during which only persons licensed by the
department pursuant to section 11-0928 of this article may train  track-
ing  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10537-01-5
              

S. 5340                             2

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 3. Section 11-0928 of the environmental conservation law, as amended
by chapter 600 of the laws of 1993, is amended to read as follows:
S 11-0928. Tracking AND HUNTING dogs.
  Notwithstanding  any  other  provision of this chapter, the department
may by regulation provide for the certification of leashed  tracking  OR
HUNTING  dogs and may authorize the use of such dogs by persons licensed
by the department to track and find dead, wounded or injured  big  game,
and  [for  the  certification of trained tracking dogs and may authorize
the use of such dogs] by persons licensed by the department to track  OR
TAKE bear pursuant to [subdivision one of section 11-0521 of] this arti-
cle.
  S  4.  Section  122  of  the agriculture and markets law is amended by
adding a new subdivision 3 to read as follows:
  3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF  THIS
SECTION  OR SECTION ONE HUNDRED THIRTEEN OF THIS ARTICLE, A DOG THAT HAS
BEEN RELEASED FROM ITS CONFINEMENT FOR HUNTING OR TRAINING PURPOSES,  IN
ACCORDANCE  WITH  SECTION 11-0923 OF THE ENVIRONMENTAL CONSERVATION LAW,
SHALL BE DEEMED TO BE UNDER THE  REASONABLE  CONTROL  OF  ITS  OWNER  OR
TRAINER,  AND  NOT BE DEEMED TO BE RUNNING AT LARGE. A DOG CONTROL OFFI-
CER, PEACE OFFICER ACTING PURSUANT TO  HIS  OR  HER  SPECIAL  DUTIES  OR
POLICE OFFICER, WHO IS AUTHORIZED BY A MUNICIPALITY TO ENFORCE ANY LOCAL
LAW OR ORDINANCE RELATED TO THE KEEPING AND RUNNING AT LARGE OF DOGS AND
THE  SEIZURE  THEREOF, SHALL MAKE A FAIR AND REASONABLE EFFORT TO DETER-
MINE WHETHER ANY DOG FOUND OR SUSPECTED OF RUNNING AT  LARGE  IS  A  DOG
ENGAGED  IN  HUNTING,  TRAINING  OR  OTHER ACTIVITIES IN ACCORDANCE WITH
SECTION 11-0923 OF THE ENVIRONMENTAL CONSERVATION LAW, AND IF SO  DETER-
MINED,  SHALL  NOT  CHARGE  THE  OWNER  OR  TRAINER OF SUCH DOG WITH ANY
VIOLATION OF ANY LOCAL LAW OR ORDINANCE ENACTED PURSUANT TO THIS SECTION
RELATED TO THE KEEPING AND RUNNING AT LARGE OF DOGS.
  S 5. This act shall take effect immediately.