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.
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-
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.
S T A T E O F N E W Y O R K
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.
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.