Bill Text: NY A05612 | 2013-2014 | General Assembly | Introduced
Bill Title: Authorizes municipalities to regulate trapping on land owned by such municipality.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - referred to environmental conservation [A05612 Detail]
Download: New_York-2013-A05612-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5612
2013-2014 Regular Sessions
I N A S S E M B L Y
March 4, 2013
___________
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to traps
set for taking wildlife
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 11-0111 of the environmental conservation law is
2 amended to read as follows:
3 S 11-0111. Limitation of powers of boards of supervisors and county
4 legislative bodies AND ON MUNICIPAL PROPERTY.
5 1. Boards of supervisors of counties and county legislative bodies
6 shall not, except as expressly provided in the Fish and Wildlife Law,
7 exercise powers (other than powers to appropriate money), vested in them
8 by any other law, to provide for the protection, preservation or propa-
9 gation of fish, game, wildlife, or shellfish within the county, or to
10 prescribe or enforce collection of penalties for the violation thereof.
11 2. NOTHING IN THIS SECTION SHALL PROHIBIT A MUNICIPALITY FROM REGULAT-
12 ING TRAPPING ON PROPERTY OWNED AND MANAGED BY SUCH MUNICIPALITY, UNLESS
13 SUCH PROPERTY WAS PURCHASED WITH STATE OR FEDERAL FUNDS FOR THE SPECIFIC
14 PURPOSE OF ESTABLISHING AND MAINTAINING PUBLIC HUNTING, TRAPPING OR
15 FISHING GROUNDS. SUCH REGULATION SHALL NOT LIMIT OR RESTRICT TRAPPING
16 OF NUISANCE WILDLIFE WHENEVER IT BECOMES A NUISANCE PURSUANT TO SECTION
17 11-0505, 11-0507, 11-0521 OR 11-0523 OF THIS ARTICLE BY PERSONS ISSUED A
18 NUISANCE WILDLIFE CONTROL OPERATOR LICENSE BY THE DEPARTMENT OR WHENEVER
19 IT IS DETERMINED BY THE DEPARTMENT OR THE DEPARTMENT OF HEALTH OR THE
20 DEPARTMENT OF AGRICULTURE AND MARKETS, OR THE COUNTY DEPARTMENT OF
21 HEALTH THAT A DISEASE, WHICH ENDANGERS THE HEALTH AND WELFARE OF FISH OR
22 WILDLIFE POPULATIONS, OR OF DOMESTIC LIVESTOCK OR OF THE HUMAN POPU-
23 LATION EXISTS IN THE COUNTY, OR IS IN IMMINENT DANGER OF BEING INTRO-
24 DUCED INTO THE COUNTY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09357-01-3
A. 5612 2
1 S 2. Section 11-1101 of the environmental conservation law is amended
2 by adding a new subdivision 13 to read as follows:
3 13. ON ALL PUBLICLY ACCESSIBLE MUNICIPALLY OWNED PROPERTY WHERE TRAP-
4 PING IS ALLOWED, POSTED SIGNAGE AT OFFICIALLY RECOGNIZED ENTRY POINTS
5 MUST INFORM READERS THAT TRAPPING IS ALLOWED IN SEASON AND TO TAKE
6 APPROPRIATE PRECAUTIONS. NOTHING IN THIS SUBDIVISION SHALL PREVENT A
7 MUNICIPALITY FROM REGULATING TRAPPING ON MUNICIPALLY OWNED PROPERTY,
8 UNLESS SUCH PROPERTY WAS PURCHASED WITH STATE OR FEDERAL FUNDS FOR THE
9 SPECIFIC PURPOSE OF ESTABLISHING AND MAINTAINING PUBLIC HUNTING, TRAP-
10 PING OR FISHING GROUNDS.
11 S 3. Section 11-1105 of the environmental conservation law, subdivi-
12 sion 1 as amended by chapter 279 of the laws of 2010, is amended to read
13 as follows:
14 S 11-1105. Procedure.
15 1. Traps set for taking wildlife shall bear the name and residence
16 address or the assigned identification number of the operator legibly at
17 all times, provided, that state, county and municipal law enforcement
18 agencies shall have access to the name, address and telephone number of
19 such operator who was assigned such identification number. [They]
20 2. TRAPS shall be visited once in each twenty-four hours, except in
21 the Northern Zone where they shall be visited once in each forty-eight
22 hours or a shorter interval of no less than twenty-four hours as the
23 department may, by regulation, require, and all wildlife held captive
24 shall immediately be removed from the traps.
25 [2.] 3. Wildlife lawfully taken alive in traps may be killed in any
26 manner, except that where the taking is pursuant to a permit or special
27 license, it may not be killed in violation of any term of such permit or
28 license.
29 S 4. Section 71-0923 of the environmental conservation law is amended
30 by adding a new subdivision 13 to read as follows:
31 13. ANY VIOLATION OF TITLE ELEVEN OF ARTICLE ELEVEN OF THIS CHAPTER IS
32 PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN FIFTEEN DAYS, OR BY A FINE
33 OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS, OR BY
34 BOTH SUCH IMPRISONMENT AND FINE.
35 ANY PERSON WHO INTENTIONALLY AND KNOWINGLY VIOLATES SUBDIVISION ONE OF
36 SECTION 11-1105 OF THIS CHAPTER SHALL HAVE HIS OR HER LICENSE TO TRAP
37 REVOKED AND SHALL NOT BE RELICENSED FOR A MINIMUM OF TWO YEARS THEREAFT-
38 ER, IN ADDITION TO ANY OTHER ACTION IMPOSED PURSUANT TO THIS ARTICLE.
39 S 5. This act shall take effect on the first of November next succeed-
40 ing the date on which it shall have become a law.
