S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5384
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2019
                                ___________
 
 Introduced  by  M.  of  A.  DiPIETRO,  HAWLEY,  GIGLIO  -- read once and
   referred to the Committee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, in relation to hunt-
   ing or trapping of 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 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.
   §  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, MOOSE or bear traps shall be made, set or used upon land
 inhabited by deer, MOOSE or bear. No salt lick shall  be  made,  set  or
 used upon land inhabited by deer, MOOSE or bear, except that the depart-
 ment may do so on state wildlife refuges and wildlife management areas.
   §  3.  Subdivision 3 of section 11-0521 of the environmental conserva-
 tion law, as renumbered by chapter 911 of the laws of  1990,  is  renum-
 bered  subdivision  4,  and  a  new  subdivision  3  is added to read as
 follows:
   3. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS  SECTION,  IN  THE
 CASE  OF MOOSE, THE DEPARTMENT MAY ISSUE A LICENSE BY RULE OR REGULATION
 TO ALLOW THE TAKING OF INDIVIDUAL ANIMALS THAT ARE DEEMED TO BE DESTRUC-
 TIVE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07612-02-9

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   § 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.
   § 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 MOOSE WHEN CONDITIONS WARRANT CONTROL OF INDIVIDUAL  ANIMALS
 OR WHEN SUCH BIG GAME ANIMALS CONSTITUTE A NUISANCE POPULATION.
   §  6.  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, MOOSE and bear shall not be taken except by gun, cross-
 bow 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.
   §  7. 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, MOOSE and bear shall not be taken in water.
   No person shall hunt deer OR MOOSE:
   § 8. 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, MOOSE or  bear  of  a  jacklight,
 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 presumptive
 evidence that such person is hunting deer, 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, 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, MOOSE or bear.
   §  9. 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.
   §  10.  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, 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.

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   b. The department shall have the authority to establish by  regulation
 hours  of hunting wild deer, 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.
   §  11.  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.
   § 12. 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 MOOSE SHALL FAIL TO
 COMPLY WITH ANY REQUIREMENTS ESTABLISHED BY RULE OR REGULATION  PURSUANT
 TO THIS SECTION.
   §  13.  The  section  heading,  opening paragraph and subdivision 1 of
 section 11-0915 of the environmental conservation  law,  as  amended  by
 chapter 190 of the laws of 1999, is amended to read as follows:
 Disposal  of  [deer,  moose and bear] BIG GAME killed unintentionally by
                collision.
   The owner of a motor vehicle which has been damaged  by  unintentional
 collision  with  a deer, 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.
   § 14. Section  11-0921  of  the  environmental  conservation  law,  as
 amended  by  chapter  213  of  the  laws  of 1999, is amended to read as
 follows:
 § 11-0921. Surrender of game unfit for  human  consumption;  permit  for
              taking another of species surrendered.
   When  a  wild turkey, wild deer, WILD MOOSE or wild bear is taken by a
 person holding a license or permit and, upon presentation to an environ-
 mental conservation officer or other authorized employee of the  depart-
 ment,  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 officer or
 authorized employee and the officer or authorized employee  shall  issue

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 the  taker a special permit to take another specimen of the same species
 as surrendered and for which the season is still open.
   § 15. 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:
 § 11-0923. Dogs.
   1. No owner or trainer of a dog shall:
   a.  allow  it to hunt deer[,] 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  OR
 MOOSE outside the limits of any city or village, except on lands actual-
 ly  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 OR MOOSE, or hunting  any  wildlife  or  domestic
 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  wildlife
 management  area,  may  be killed as provided in section 11-0529 OF THIS
 ARTICLE.
   6. Wildlife, except skunk, deer, MOOSE 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
 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.
   § 16. 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, 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, MOOSE or bear.
   § 17. 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:

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   6. No person while engaged in hunting deer, MOOSE or bear pursuant  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.
   §  18.  This  act  shall  take  effect  on  the first of November next
 succeeding the date on which it shall have become a law.