Bill Text: NY S05340 | 2015-2016 | General Assembly | Introduced

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Bill Title: Authorizes the use and training of dogs for the hunting of bear; provides that dogs engaged in hunting and training as authorized by the environmental conservation law, shall not be deemed to be running at large in violation of any local law or ordinance.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-06-17 - COMMITTED TO RULES [S05340 Detail]

Download: New_York-2015-S05340-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         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:
    1    Section 1. Paragraph (c) of subdivision 2 of section  11-0529  of  the
    2  environmental conservation law, as amended by chapter 610 of the laws of
    3  2006, is amended to read as follows:
    4    (c)  pursuing  or  killing  any  game  or wildlife on a state-owned or
    5  leased wildlife management area, except a dog  being  legally  used  for
    6  hunting small game OR BEAR, or for dog training.
    7    S  2.  Subdivisions  2  and  6 of section 11-0923 of the environmental
    8  conservation law, subdivision 2 as amended by chapter 312 of the laws of
    9  1980 and subdivision 6 as amended by chapter 600 of the  laws  of  1993,
   10  are amended to read as follows:
   11    2.  No  owner or trainer of a dog shall take it afield for training on
   12  wild game except from August 16 to April 15 or as otherwise permitted by
   13  department order; PROVIDED, HOWEVER, THAT NO OWNER OR TRAINER OF  A  DOG
   14  SHALL  TAKE  IT  AFIELD FOR TRAINING ON BEAR EXCEPT FROM JULY 1 TO EIGHT
   15  DAYS PRIOR TO ANY OPEN HUNTING SEASON FOR BEAR.
   16    6. Wildlife, except skunk[,] AND deer [and bear], may  be  taken  with
   17  the  aid of a dog[, provided, however, that the department is authorized
   18  to establish a training season during which only persons licensed by the
   19  department pursuant to section 11-0928 of this article may train  track-
   20  ing  dogs  on  bear.  Such  season shall not begin before July first and
   21  shall end at least eight days in advance of any open hunting season  for
   22  bear  and  no  person  participating  in  such  training shall possess a
   23  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
    1  construed  to  invalidate  or otherwise affect a permit to track or take
    2  bear issued pursuant to subdivision one of section 11-0521 of this arti-
    3  cle].
    4    S 3. Section 11-0928 of the environmental conservation law, as amended
    5  by chapter 600 of the laws of 1993, is amended to read as follows:
    6  S 11-0928. Tracking AND HUNTING dogs.
    7    Notwithstanding  any  other  provision of this chapter, the department
    8  may by regulation provide for the certification of leashed  tracking  OR
    9  HUNTING  dogs and may authorize the use of such dogs by persons licensed
   10  by the department to track and find dead, wounded or injured  big  game,
   11  and  [for  the  certification of trained tracking dogs and may authorize
   12  the use of such dogs] by persons licensed by the department to track  OR
   13  TAKE bear pursuant to [subdivision one of section 11-0521 of] this arti-
   14  cle.
   15    S  4.  Section  122  of  the agriculture and markets law is amended by
   16  adding a new subdivision 3 to read as follows:
   17    3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF  THIS
   18  SECTION  OR SECTION ONE HUNDRED THIRTEEN OF THIS ARTICLE, A DOG THAT HAS
   19  BEEN RELEASED FROM ITS CONFINEMENT FOR HUNTING OR TRAINING PURPOSES,  IN
   20  ACCORDANCE  WITH  SECTION 11-0923 OF THE ENVIRONMENTAL CONSERVATION LAW,
   21  SHALL BE DEEMED TO BE UNDER THE  REASONABLE  CONTROL  OF  ITS  OWNER  OR
   22  TRAINER,  AND  NOT BE DEEMED TO BE RUNNING AT LARGE. A DOG CONTROL OFFI-
   23  CER, PEACE OFFICER ACTING PURSUANT TO  HIS  OR  HER  SPECIAL  DUTIES  OR
   24  POLICE OFFICER, WHO IS AUTHORIZED BY A MUNICIPALITY TO ENFORCE ANY LOCAL
   25  LAW OR ORDINANCE RELATED TO THE KEEPING AND RUNNING AT LARGE OF DOGS AND
   26  THE  SEIZURE  THEREOF, SHALL MAKE A FAIR AND REASONABLE EFFORT TO DETER-
   27  MINE WHETHER ANY DOG FOUND OR SUSPECTED OF RUNNING AT  LARGE  IS  A  DOG
   28  ENGAGED  IN  HUNTING,  TRAINING  OR  OTHER ACTIVITIES IN ACCORDANCE WITH
   29  SECTION 11-0923 OF THE ENVIRONMENTAL CONSERVATION LAW, AND IF SO  DETER-
   30  MINED,  SHALL  NOT  CHARGE  THE  OWNER  OR  TRAINER OF SUCH DOG WITH ANY
   31  VIOLATION OF ANY LOCAL LAW OR ORDINANCE ENACTED PURSUANT TO THIS SECTION
   32  RELATED TO THE KEEPING AND RUNNING AT LARGE OF DOGS.
   33    S 5. This act shall take effect immediately.