Provides for the return of lost hunting dogs

1 Co-sponsor

• Patrick M. Gallivan

BILL NUMBER:S783

Title of bill

An act to amend the environmental conservation law, in relation to lost hunting dogs

Purpose

The purpose of this bill is to prevent the owner of a dog from being held liable if the dog becomes temporarily lost or wanders from its owner or trainer while hunting.

Summary of provisions

Section 1 seeks to add a subdivision 7 Section 11-0923 of the Environmental Conservation Law, which would prevent the owner of a dog being held liable if it "becomes temporarily lost or wanders from its owner or trainer while hunting."

Justification

The current laws lead to conflict when temporarily lost or out of control hunting dogs wander onto private property. In one instance, a private property owner requested that the local ECO arrest houndsmen for trespassing when their dogs wandered onto his property. The huntsmen are liable in such situations, even though the houndsmen did not "enter the posted, private property nor did they intentionally release their dogs onto the private property." In the course of hunting with dogs, although not normally, dogs can become lost or separated from their owner. If this does happen, usually the dog and its owner become reconnected within a short period of time. On the occasion that the dog is not found quickly, it must be understood that the dog is not being allowed to run at large for the lack of caring or prudent ownership. These dogs were out hunting with their owners participating in an allowed hunting activity in New York State. On occasion some lost dogs have been found by "animal control" officers, put in dog shelters, and later the owners were fined for dogs at large with no concern given to why the dogs may have been in the field. Current penalties for such infringements are imprisonment for not more than ten days, or a fine of not less than two hundred dollars, or both fine and imprisonment. For this reason, this legislation is needed to protect the houndsmen and their hunting dogs when in the field.

Legislative history

2008: S.7147/A.10630. 2009: S.82/A.825 Reported to 3rd Reading Calendar 2010: S.82/A.825 Reported to 3rd Calendar

Fiscal implications

None.

Effective date

Immediately.