A03772 Summary:

BILL NO    A03772 

SAME AS    SAME AS S03426

SPONSOR    Glick (MS)

COSPNSR    Millman, Paulin, Weisenberg, Colton, Jaffee, Englebright, Rosenthal

MLTSPNSR   Cook, Dinowitz, Galef, Gottfried, Perry, Sweeney, Titus

Amd S11-1904, En Con L

Prohibits the taking of non-native big game mammals in a fenced or other area
from which there is no means for such mammal to escape.
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A03772 Actions:

BILL NO    A03772 

01/29/2013 referred to environmental conservation
01/08/2014 referred to environmental conservation
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A03772 Votes:

There are no votes for this bill in this legislative session.
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A03772 Memo:

BILL NUMBER:A3772

TITLE  OF BILL:   An act to amend the environmental conservation law, in
relation to the prohibition on canned shoots

PURPOSE OR GENERAL IDEA OF BILL:  To  prohibit  the  killing,  shooting,
maiming or injuring of certain intentionally confined animals for sport,
amusement or taking of a trophy.

SUMMARY  OF SPECIFIC PROVISIONS: Paragraph a of subdivision 1 of section
11-1904 of the environmental conservation law, as added by  chapter  208
of  the  laws  of  1999  is amended. This bill would expand the existing
prohibition on confined shoots on fenced preserves of 10 acres or  less.
The  bill would remove the existing acreage requirement and prohibit the
deliberate release of an animal confined in a fenced or other area  from
which  there  is  no  reasonable  means for such animal to escape in the
presence of a hunter. There has been language added that would  prohibit
any  person  who pays any fee to take a five non-native big game animal.
Fee is defined in the bill to include but not limited to the payment  of
any  compensation or remuneration for room, board, meals, lodging or any
other goods or services on the premises.

JUSTIFICATION: Canned hunting is a practice whereby an animal is staked,
caged or otherwise confined for the purpose of being killed  for  pleas-
ure. From automatic firearms to spears, almost any type of weapon can be
used  to  kill  prey in a canned hunt. To assure a kill, the animals are
trapped by fences so they can be  easily  cornered  and  prevented  from
escaping.  Canned  hunting  brutalizes  defenseless  animals  raised  in
captivity whose trust in humans makes them hapless victims of this prac-
tice.

Federal and state  laws  currently  offer  protections  for  endangered,
threatened  and many indigenous animals. But a lack of specific prohibi-
tions allows a wide range of animals, including certain species of bear,
llama, zebra and ram to be killed in this manner.

In addition to prohibiting canned hunts, the bill would  also  serve  to
restrict  the supply of animals from zoos and game farms to canned hunt-
ing facilities. As recently as the fall of  2006,  the  closing  of  the
Catskill Game Farm and the selling off of the animals raised concerns by
groups  that  advocate for the humane treatment of animals that the herd
animals like gazelles and the trophy animals like  rhinoceros  would  be
bought  by  a canned hunting farm. Since this bill would prohibit canned
hunts in New York State, there would  be  fewer  opportunities  to  sell
these animals for canned hunts.

The  recent  outbreak of Chronic Wasting Disease (CWD), which is similar
to "mad cow" disease, in New York State has been linked to captive  deer
farms. By outlawing canned shoots NYS can take a preventive step against
the  spread  of  CWD. By prohibiting canned hunting this bill recognizes
that New York State should draw a  line  between  sport  and  the  cruel
savagery of a canned hunt.

PRIOR  LEGISLATIVE HISTORY:   A.4475 (2011-12) referred to Environmental
Conservation A.6788 (2009-10)  referred  to  Environmental  Conservation
A2612  (2008)  passed  Assembly  A 9267 (2006) referred to Environmental
Conservation  Committee  Similar  to  A10188  (2004):  Passed   Assembly
A.4609-a  (2003):  Passed Assembly, Passed Senate. Gov. Veto Message 134
Similar to A1728 (2001-02).  A 1228-A (1997-98).

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November next
succeeding the date on which it shall have become a law.
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A03772 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         3772

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 29, 2013
                                      ___________

       Introduced  by  M.  of  A.  GLICK,  MILLMAN, PAULIN, WEISENBERG, COLTON,
         JAFFEE, ENGLEBRIGHT, ROSENTHAL -- Multi-Sponsored by -- M. of A. COOK,
         DINOWITZ, GALEF, GOTTFRIED, SWEENEY, TITUS -- read once  and  referred
         to the Committee on Environmental Conservation

       AN  ACT  to amend the environmental conservation law, in relation to the
         prohibition on canned shoots

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Subdivision  1  of  section  11-1904 of the environmental
    2  conservation law, as added by chapter  208  of  the  laws  of  1999,  is
    3  amended to read as follows:
    4    1.  No  person  who  owns, operates or manages a facility that harbors
    5  non-native big game mammals shall knowingly permit:
    6    a. The taking on such premises by any person who pays [a] ANY  fee  to
    7  take a live non-native big game mammal by any of the following means:
    8    (1)  the  shooting or spearing of a non-native big game mammal that is
    9  tied or hobbled;
   10    (2) the shooting or spearing of a non-native big game mammal  that  is
   11  staked or attached to any object;
   12    (3)  the  shooting or spearing of a non-native big game mammal that is
   13  confined in a box, pen, cage  or  similar  container  [of  ten  or  less
   14  contiguous  acres]  OR  IN A FENCED OR OTHER AREA from which there is no
   15  means for such mammal to escape;
   16    (4) the deliberate release of a non-native big  game  mammal  that  is
   17  confined  in  a  box,  pen,  cage  or  similar container [of ten or less
   18  contiguous acres] OR IN A FENCED OR OTHER AREA FROM WHICH  THERE  IS  NO
   19  MEANS FOR SUCH MAMMAL TO ESCAPE in the presence of any person who is, or
   20  will be, shooting or spearing such non-native big game mammal.
   21    b. For purposes of this section:
   22    (1)  shooting  shall  mean the discharge of any type of firearm or bow
   23  and arrow; [and]

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01231-01-3
       A. 3772                             2

    1    (2) spearing shall mean the use of any hand or mechanically  propelled
    2  single or multiple pronged pike, blade, or harpoon; AND
    3    (3)  FEE  SHALL  INCLUDE,  BUT  NOT  BE LIMITED TO, THE PAYMENT OF ANY
    4  COMPENSATION OR REMUNERATION FOR ROOM,  BOARD,  MEALS,  LODGING  OR  ANY
    5  OTHER GOODS OR SERVICES ON THE PREMISES.
    6    S 2. This act shall take effect on the first of November next succeed-
    7  ing the date on which it shall have become a law.
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