Add Art 11 Title 8 SS11-0801 - 11-0809, En Con L; amd SS96-g, 198 & 199, Ag & Mkts L
Authorizes the commercial hunting of deer in this state and the sale of venison so acquired; subjects such sales to such laws and regulations as apply to the sale of beef.
STATE OF NEW YORK
________________________________________________________________________
658
2009-2010 Regular Sessions
IN SENATE
January 12, 2009
___________
Introduced by Sens. LARKIN, MAZIARZ, SEWARD -- read twice and ordered
printed, and when printed to be committed to the Committee on Environ-
mental Conservation
AN ACT to amend the environmental conservation law and the agriculture
and markets law, in relation to the commercial hunting, taking, trans-
portation and sale of deer and venison
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 11 of the environmental conservation law is amended
2 by adding a new title 8 to read as follows:
3 TITLE 8
4 COMMERCIAL HUNTING, TAKING, TRANSPORTATION AND SALE OF DEER
5 AND VENISON
6 Section 11-0801. Applicability.
7 11-0803. Prohibitions.
8 11-0805. Licenses.
9 11-0807. Commercial hunting seasons and bag limits fixed by
10 regulation.
11 11-0809. Commerce in deer bodies or parts.
12 § 11-0801. Applicability.
13 The provisions of this title shall supersede any other provisions of
14 this article that are inconsistent with the provisions of this title.
15 The department shall promulgate regulations to implement the provisions
16 of this title and, in so doing, shall identify such inconsistent
17 provisions and shall specify the nature and extent of supersession by
18 the provisions of this title. The provisions of this article other than
19 those of this title shall apply to the commercial hunting, taking,
20 transportation and sale of deer and venison as authorized by this title
21 insofar as they are not identified by the department as inconsistent
22 with the provisions of this title. The provisions of this title shall
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05400-01-9
S. 658 2
1 apply only to the commercial hunting, taking, transportation and sale of
2 deer and venison as authorized by this title.
3 § 11-0803. Prohibitions.
4 The department may impose prohibitions on the hunting and taking of
5 deer that are either less or more restrictive than those of section
6 11-0901 of this article.
7 § 11-0805. Licenses.
8 1. No person shall take deer pursuant to the provisions of this title
9 unless licensed pursuant to the provisions of this title.
10 2. No person shall be licensed pursuant to this title unless such
11 person:
12 a. has been a resident of this state for more than thirty days imme-
13 diately prior to application;
14 b. is at least eighteen years; and
15 c. has at least three years of experience as a licensed hunter of
16 deer.
17 3. The fee for this one year commercial deer license shall be one
18 hundred dollars.
19 § 11-0807. Commercial hunting seasons and bag limits fixed by regu-
20 lation.
21 1. The department shall fix for each one year commercial deer license
22 period:
23 a. The length of the season or part thereof and the day or days of
24 such season in which such licenses may be used, which shall not commence
25 until the close of all regular or special open seasons authorized pursu-
26 ant to section 11-0907 of this article and shall not close until April
27 first or such later date as the department may determine, and which the
28 department may vary by area;
29 b. The implements allowed for deer taking, which the department may
30 vary by area;
31 c. The bag limit for deer, which the department may vary by area and
32 sex of the deer; and
33 d. The specific areas in which commercial hunting shall be permitted,
34 which shall be designated for each one year commercial deer license
35 period, may only be designated if the department determines: (1) that
36 the population of deer in any area of the state is such that additional
37 harvest of deer is reasonably necessary to properly manage the deer herd
38 in the state in balance with the available deer range and natural food
39 supply, and either (2) that state deer herd management goals, including
40 but not limited to alleviating agricultural damage, areas where existing
41 statutes do not allow for adequate harvest, and areas where public
42 access may be limited for justifiable security reasons, warrant the
43 taking of additional deer or (3) that the population of deer in any area
44 of the state is such that additional harvest of deer is reasonably
45 necessary to curtail motor vehicle accidents with deer or to curtail
46 substantial loss of residential landscaping plants, bushes, trees or
47 shrubbery. Such areas may be designated only in counties or parts of
48 counties in which an open season for taking deer by the use of firearms
49 is established by law.
50 2. The provisions of paragraph a of subdivision one of section 11-0911
51 of this article shall not apply when a deer is taken pursuant to a
52 commercial hunting license, but the department may by regulation provide
53 an alternative method of identifying and reporting the deer so taken.
54 3. With each commercial hunting license there shall be issued such
55 tags or seals and reporting forms as the department shall determine to
56 be appropriate, and the deer may be taken only when the licensee taking,
S. 658 3
1 at the time, is in physical possession of such license and any tags,
2 seals and reporting forms issued with it.
3 § 11-0809. Commerce in deer bodies or parts.
4 1. Deer, taken in this state, and any and all parts thereof, may, if
5 lawfully taken pursuant to the provisions of this title, be:
6 a. possessed,
7 b. transported within the state and from within to without the state,
8 and
9 c. bought and sold, as provided in this title, and not otherwise. It
10 shall not be possessed, transported, bought or sold unless lawfully
11 taken, nor transported, bought or sold unless lawfully possessed.
12 2. Deer taken and possessed in one part of the state may be trans-
13 ported as provided in this section by the taker, or any person who
14 acquires it lawfully from the taker, and possessed by the taker or by
15 such person in any part of the state for the period during which it may
16 be possessed at the place where taken.
17 3. Deer and any and all parts thereof may be sold to a professional
18 processor or an agent or employee thereof.
19 4. Any part of a deer other than venison may be sold to any person.
20 5. The provisions of title seventeen of this article shall not apply
21 to the possession, transportation, or sale of deer or parts thereof, but
22 the department shall promulgate such regulations therefor as will, in
23 its judgment, promote the enforcement of the provisions of this title
24 and other applicable provisions of this article or other laws and
25 further the public policies of this state.
26 6. All venison taken pursuant to the provisions of this title, while
27 in this state, is subject to the provisions of the agriculture and
28 markets law and the public health law, and regulations promulgated
29 pursuant to each of said laws, pertaining to the meat of cattle.
30 § 2. Subdivisions 6, 7 and 17 of section 96-g of the agriculture and
31 markets law, subdivisions 6 and 7 as amended by chapter 342 of the laws
32 of 1982 and subdivision 17 as added by chapter 182 of the laws of 1993,
33 are amended to read as follows:
34 6. "Meat" means the edible part of the muscle of cattle, deer taken by
35 lawful commercial hunting in this state, swine, sheep, goats, horses and
36 other large domesticated animals which is skeletal or which is found in
37 the tongue, in the diaphragm, in the heart or in the esophagus, with or
38 without the accompanying or overlying fat, and the portions of bone,
39 skin, nerve and blood vessels which normally accompany the muscle tissue
40 and which are not separated from it in the process of dressing. It does
41 not include the muscle found in the lips, snout or ears. Any edible part
42 of the carcass which has been manufactured, cured, smoked, processed or
43 otherwise treated shall not be considered meat.
44 7. "Meat by-product" means any edible part other than meat which has
45 been derived from cattle, deer taken by lawful commercial hunting in
46 this state, swine, sheep, goats, horses and other large domesticated
47 animals. This term shall apply only to those parts which have not been
48 manufactured, cured, smoked, processed or otherwise treated.
49 17. "Game or wild game" means any deer or big game, or portions there-
50 of, as defined in section 11-0103 of the environmental conservation law,
51 taken by lawful hunting, except venison taken by lawful commercial deer
52 hunting in this state and sold or to be sold.
53 § 3. Subdivision 11 of section 198 of the agriculture and markets law,
54 as added by chapter 182 of the laws of 1993, is amended to read as
55 follows:
S. 658 4
1 11. "Game or wild game" means any deer or big game, or portions there-
2 of, as defined in section 11-0103 of the environmental conservation law,
3 taken by lawful hunting, except venison taken by lawful commercial deer
4 hunting in this state and sold or to be sold.
5 § 4. Subdivision 4 of section 199 of the agriculture and markets law,
6 as added by chapter 182 of the laws of 1993, is amended to read as
7 follows:
8 4. The provisions of this article shall not apply to game or wild
9 game, except venison taken by lawful commercial deer hunting in this
10 state and sold or to be sold.
11 § 5. This act shall take effect on the one hundred eightieth day after
12 it shall have become a law; provided that any and all rules and regu-
13 lations and any other measures necessary to implement any provision of
14 this act on its effective date may be promulgated and taken, respective-
15 ly, on or before the effective date of such provision.
