BILL NO A08172
SAME AS No same as
SPONSOR Rosenthal
COSPNSR
MLTSPNSR
Amd SS11-0523 & 11-1105, En Con L
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; the taking method selected shall
be the least stressful, quickest and most painless to the animal available
while protecting human health and safety.
S T A T E O F N E W Y O R K
________________________________________________________________________
8172
2011-2012 Regular Sessions
I N A S S E M B L Y
June 3, 2011
___________
Introduced by M. of A. 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 added by chapter 911 of the laws
4 of 1990, and subdivision 7 as amended by chapter 114 of the laws of
5 1981, are amended and a new subdivision 10 is added to read as follows:
6 1. [Owners] SUBJECT TO SUBDIVISION TEN OF THIS SECTION, OWNERS and
7 lessees and members of their immediate families actually occupying or
8 cultivating lands, and persons authorized in writing and actually
9 employed by them in cultivating such lands, may take (a) unprotected
10 wildlife other than birds and (b) starlings, common crows and, subject
11 to section 11-0513, pigeons, when such wildlife is injuring their prop-
12 erty or has become a nuisance thereon. [Such taking may be done in any
13 manner, notwithstanding any provision of the Fish and Wildlife Law,
14 except section 11-0513, or the Penal Law or any other law.]
15 4. [Varying] SUBJECT TO SUBDIVISION TEN OF THIS SECTION, VARYING
16 hares, cottontail rabbits and European hares which are injuring property
17 on occupied farms or lands may be taken thereon, at any time, [in any
18 manner,] except by the use of ferrets, fitch-ferrets or fitch, by the
19 owners or occupants of such farms or lands or by a person authorized in
20 writing by them and actually employed by them in cultivating such farm
21 lands.
22 5. [Skunks] SUBJECT TO SUBDIVISION TEN OF THIS SECTION, SKUNKS injur-
23 ing property or which have become a nuisance may be taken at any time
24 [in any manner].
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11699-01-1
A. 8172 2
1 6. [Raccoons] SUBJECT TO SUBDIVISION TEN OF THIS SECTION, RACCOONS,
2 coyotes or fox injuring private property may be taken by the owner,
3 occupant or lessee thereof, or an employee or family member of such
4 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 S 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 S 3. This act shall take effect on the sixtieth day after it shall
24 have become a law; provided, however, that effective immediately, the
25 department of environmental conservation shall promulgate rules and
26 regulations to effectuate the purposes of this act, on or before such
27 effective date.
