Bill Text: NY A00428 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the taking of wildlife without a permit; takings may only be done subject to regulations promulgated by the department; regulations shall incorporate the recommendations of the most recent guidelines on euthanasia of the American Veterinary Medical Association; provides that the taking method selected shall be the least stressful, quickest and most painless to the animal available while protecting human health and safety.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - referred to environmental conservation [A00428 Detail]

Download: New_York-2023-A00428-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           428

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     January 9, 2023
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Environmental Conservation

        AN ACT to amend the environmental conservation law, in relation  to  the
          taking of wildlife without a permit

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1.  Subdivisions 1, 4, 5, 6 and 7 of section  11-0523  of  the
     2  environmental  conservation law, subdivision 1 as amended by chapter 135
     3  of the laws of 1982, subdivision 6 as amended by section 3 of part H  of
     4  chapter  58 of the laws of 2012, and subdivision 7 as amended by chapter
     5  114 of the laws of 1981, are amended and a new subdivision 10  is  added
     6  to read as follows:
     7    1.  [Owners]  Subject  to  subdivision ten of this section, owners and
     8  lessees and members of their immediate families  actually  occupying  or
     9  cultivating  lands,  and  persons  authorized  in  writing  and actually
    10  employed by them in cultivating such lands,  may  take  (a)  unprotected
    11  wildlife  other  than birds and (b) starlings, common crows and, subject
    12  to section 11-0513, pigeons, when such wildlife is injuring their  prop-
    13  erty  or has become a nuisance thereon.  [Such taking may be done in any
    14  manner, notwithstanding any provision of  the  Fish  and  Wildlife  Law,
    15  except section 11-0513, or the Penal Law or any other law.]
    16    4.  [Varying]  Subject  to  subdivision  ten  of this section, varying
    17  hares, cottontail rabbits and European hares which are injuring property
    18  on occupied farms or lands may be taken thereon, at any  time,  [in  any
    19  manner,]  except  by  the use of ferrets, fitch-ferrets or fitch, by the
    20  owners or occupants of such farms or lands or by a person authorized  in
    21  writing  by  them and actually employed by them in cultivating such farm
    22  lands.
    23    5. [Skunks] Subject to subdivision ten of this section, skunks  injur-
    24  ing  property  or  which have become a nuisance may be taken at any time
    25  [in any manner].

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00783-01-3
        A. 428                              2

     1    6. [Raccoons] Subject to subdivision ten of  this  section,  raccoons,
     2  muskrats,  coyotes  or fox injuring private property may be taken by the
     3  owner, occupant or lessee thereof, or an employee or  family  member  of
     4  such owner, occupant or lessee, at any time [in any manner].
     5    7.  [Whenever]  Subject  to  subdivision ten of this section, whenever
     6  black, grey and fox squirrels, opossums or weasels are injuring property
     7  on occupied farms or lands or dwellings, they may be taken at  any  time
     8  [in  any  manner],  by  the  owners  or occupants thereof or by a person
     9  authorized in writing by such owner or occupant.
    10    10. Such taking may only be done subject to regulations promulgated by
    11  the department, provided that such regulations incorporate the recommen-
    12  dations of the most recent guidelines  on  euthanasia  of  the  American
    13  Veterinary  Medical Association.   While circumstances may influence the
    14  methods of taking used, the method selected shall be the  least  stress-
    15  ful, quickest and most painless to the animal available while protecting
    16  human health and safety.
    17    §  2.  Subdivision 2 of section 11-1105 of the environmental conserva-
    18  tion law is amended to read as follows:
    19    2. Wildlife lawfully taken alive  in  traps  may  be  killed  [in  any
    20  manner,] except that where the taking is pursuant to a permit or special
    21  license,  [it]  wildlife  may  not be killed in violation of any term of
    22  such permit or license.
    23    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    24  have become a law. Effective immediately, the addition, amendment and/or
    25  repeal  of  any  rule  or regulation necessary for the implementation of
    26  this act on its effective date are authorized to be made  and  completed
    27  on or before such effective date.