Relates to protecting wildlife and maintaining safety; necessitates written notification before a nuisance wildlife control operator undertakes any control measures.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8329A
SPONSOR: Rosenthal TITLE OF BILL: An act to amend the environmental conservation law, in
relation to protecting wildlife while maintaining public safety
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to require nuisance wildlife control
officers to be instructed in the use of non-lethal methods when dealing
with nuisance wildlife animals.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends section 11-0524 of the environmental conservation law
by adding four new subdivisions 6, 7, 8, and 9.
Section two sets forth the effective date.
JUSTIFICATION:
While current law requires nuisance wildlife control (NWCO) training to
include instruction on non-lethal methods to resolve nuisance wildlife
problems, the law does not require that non-lethal and non-injury caus-
ing methods be utilized. Annual reports submitted by NWCO's to the
Department of Environmental Conservation indicate that many nuisance
wildlife control operators kill most or all of the animals they capture
and some NWCO's use abatement methods that are likely to cause injury or
death to the animals. This legislation promotes the humane treatment of
animals by requiring NWCO's to use non-lethal and non-injury causing
methods to resolve nuisance wildlife problems, including not killing
animals taken alive, unless prohibited by law or necessary to protect
public safety or the environment. This legislation further promotes the
humane resolution of nuisance wildlife conflicts by requiring that when
euthanasia is done, it is done in a manner that is least stressful,
quickest and most painless to the animal while protecting public safety.
This legislation also helps to protect consumers by requiring NWCO's to
provide consumers with an assessment of the wildlife problem, to
disclose options to address the problem, and to get the written consent
of the consumer before utilizing any method to capture or mate disposi-
tion of an animal which would likely cause injury or death to the
animal. The law further protects consumers and animals by encouraging
the practice of reuniting mothers with their young to prevent orphaning
and future damage of the consumer's home.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the three hundred sixty-fifth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.
STATE OF NEW YORK
________________________________________________________________________
8329--A
2013-2014 Regular Sessions
IN ASSEMBLY
December 18, 2013
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Environmental Conservation -- recommitted to the Commit-
tee on Environmental Conservation in accordance with Assembly Rule 3,
sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the environmental conservation law, in relation to
protecting wildlife while maintaining public safety
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 11-0524 of the environmental conservation law is
2 amended by adding four new subdivisions 6, 7, 8 and 9 to read as
3 follows:
4 6. If an animal is killed, it shall be done in a manner that avoids
5 unnecessary suffering for the animal while protecting public safety.
6 7. Before a nuisance wildlife control operator undertakes any control
7 measures, a nuisance wildlife control operator shall provide, to the
8 client, in writing, the following: (a) an assessment of the problem,
9 including identification of possible causes of the problem; (b) the
10 methods and practices that may be used to resolve the problem; and (c)
11 an estimate of the fee to be charged.
12 8. The department shall keep a record, for no less than five years, of
13 any written or oral complaints received by the department against a
14 nuisance wildlife control operator and shall document action taken by
15 the department in response to the complaint.
16 9. The department is authorized to promulgate rules and regulations
17 necessary to effectuate the provisions of this section.
18 § 2. This act shall take effect on the three hundred sixty-fifth day
19 after it shall have become a law. Effective immediately, the addition,
20 amendment and/or repeal of any rule or regulation necessary for the
21 implementation of this act on its effective date are authorized to be
22 made and completed on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11724-05-4
