Part 176: Leashed Tracking Dogs
(Statutory authority: Environmental Conservation Law, § 11-0928)
- 176.1 Definitions
- 176.2 Prohibition
- 176.3 Leashed tracking dog license
- 176.4 Leashed tracking dog license; conditions
- 176.5 Leashed tracking dog license; qualifications
- 176.6 Leashed tracking dog license; issuance
For the purposes of this Part, the following terms have the indicated meanings:
(a) Department means the Department of Environmental Conservation.
(b) Certified leashed tracking dog means a dog which is used to track and find dead, injured, or wounded big game pursuant to a license issued as provided by this Part and which is licensed and identified as required by Article 7 of the Agriculture and Markets Law.
(c) License means a leashed tracking dog license issued pursuant to this Part, authorizing use of certified leashed tracking dogs as specified in this Part.
(d) Licensee means a person who is the holder of a leashed tracking dog license.
(e) Physically incapacitated means incapable of participating in the hunt due to physical injury.
(f) Dispatch means to humanely kill.
(g) Where notification of the department is required, such notification shall be directed to the Division of Fish, Wildlife and Marine Resources, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233.
Except as permitted by section 176.4 of this Part, no person may use a dog to track dead, wounded or injured big game.
§176.3 Leashed tracking dog license
A leashed tracking dog license issued by the department entitles the licensee:
(a) use certified leashed tracking dogs at any time, with or without the aid of an artificial light, to track and recover dead, wounded or injured big game during all big game seasons, including Saturdays and Sundays, and the 24-hour period immediately following the last day of a big game season;
(b) dispatch wounded or injured big game animals which have been tracked and found in accordance with and pursuant to the conditions of such license;
(c) temporarily possess a big game animal which has been dispatched by the licensee, or reduced to possession by the licensee, until lawfully tagged or until delivered to an Environmental Conservation Officer pursuant to the conditions of such license;
(d) use certified leashed tracking dogs at any time, with or without an artificial light, to track and recover big game which are:
(1) dead, wounded or injured as the result of activities authorized by permit issued under the authority of Environmental Conservation Law §11-0521 or under the authority of Environmental Conservation Law §11-0523; or
(2) dead, wounded or injured as the result of an accident.
§176.4 Leashed tracking dog license; conditions
(a) A big game hunter who has killed, wounded or injured, or reasonably believes he or she has killed, wounded or injured, a big game animal during a big game season may engage a licensee to track and recover the animal. The hunter must, unless physically incapacitated, accompany the licensee when tracking the dead, wounded or injured animal. If the hunter is physically incapacitated, the licensee may track and dispatch the animal if the licensee is personally carrying a written signed instrument from the hunter listing
(1) the date,
(2) the hunter's name, address, telephone number and big game license number, and
(3) a certification that the hunter has engaged the licensee to track the animal, that the hunter has killed, wounded or injured such animal, and that the hunter is unable to accompany the licensee because of physical incapacitation.
(b) No person other than the licensee or, during legal hunting periods, the big game hunter who has engaged the licensee when specifically so authorized by the licensee, may carry a firearm or long bow of any description while tracking dead, wounded or injured big game pursuant to this Part.
(c) During legal hunting periods, the hunter who has engaged the licensee must dispatch the wounded or injured big game animal when found by the licensee by means which are lawful during the season in which it was wounded or injured and in a lawful manner reduce the animal to legal possession. However, the licensee must dispatch the wounded or injured animal if the legal hunting period has ended, when the hunter is not present, or, when in the judgement of the licensee it is unsafe or otherwise inappropriate for the hunter to do so.
(d)The licensee may dispatch a wounded or injured big game animal, during day or night, using any firearm provided that the licensee complies with the provisions of applicable Federal, State, or local laws or regulations concerning the possession and use of firearms.
(e) Before tracking a dead, wounded or injured animal, the licensee must notify, by telephone or in person, the Environmental Conservation Officer assigned to the area, or if unavailable the nearest available Environmental Conservation Officer, where the big game animal was killed, wounded or injured. Notification must include the
1) name of the licensee,
2) name, address, telephone number, and big game license number of the big game hunter engaging the licensee,
3) general location of the wounded or injured animal, and
4) the name of the landowner(s) where the search will be conducted.
(f) The licensee must use only certified leashed tracking dogs when conducting activities pursuant to such license.
(g) The licensee must maintain physical control of the certified leashed tracking dog(s) at all times while conducting activities pursuant to such license by means of a lead attached to the dog's collar or harness. This lead must be at least twelve (12) feet in length.
(h) The licensee may not provide services for hire unless the licensee possesses a valid guide's license issued pursuant to 6 NYCRR Part 197.
(i) After a big game animal has been dispatched, the licensed hunter must immediately fill out the carcass tag as required by section 11-0911 of the Environmental Conservation Law. If the hunter has not accompanied the licensee because of physical incapacitation, the hunter must immediately fill out the carcass tag upon delivery of the animal by the licensee. If the hunter is unavailable the licensee must report the incident to an Environmental Conservation Officer and deliver the animal to the officer.
(j) The licensee must personally carry a current big game license and a valid leashed tracking dog license when conducting activities pursuant to this Part.
(k) The licensee must notify the department in writing, of any change of address within 30 days of that change of address.
(l) The licensee must submit to the department a written request for license renewal within the 30 days prior to the expiration of such license.
§176.5 Leashed tracking dog license; qualifications
The applicant for a license must:
(a) Provide proof of possession of a current New York big game hunting license;
(b) Not have been convicted of, or pled guilty to, an offense under the Fish and Wildlife Law, or settled by civil settlement or otherwise therefore, within the previous five years which resulted in a revocation of the person's big game, hunting, or archery license;
(c) Submit a non-refundable application fee of $25.00 and a completed application to the department to be eligible to take the written examination;
(d) Receive a grade of 80 percent or higher on a written examination administered by the department. The examination will be offered at least once a year and will test the applicant's knowledge of the Environmental Conservation Law and appropriate regulations, dog training and handling methods and other areas of knowledge as deemed appropriate or relevant by the department.
§176.6 Leashed tracking dog license; issuance
(a) Effective January 1, 2003, applicants who meet the qualifications for a license must submit a $50 license fee to the department.
(b) A license is valid for five years from the date of issuance.
(c) A license is valid only for the individual identified on the license and is not transferable.
(d) Licensees who fail to renew their license within one year of the date of expiration must reapply and meet all the qualifications set forth in section 176.5 of this Part.
(e) The department may, in its discretion, include special conditions in the license which it deems appropriate or necessary. It may also waive or dispense with any requirement of this Part when it deems it to be in the public interest to do so.
(f) The renewal fee for this license is $50.