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; provides that the taking method selected shall be the least stressful, quickest and most painless to the animal available while protecting human health and safety.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A428
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the environmental conservation law, in relation to the
taking of wildlife without a permit
PURPOSE::
This bill establishes standards in the taking of nuisance wildlife.
SUMMARY OF SPECIFIC PROVISIONS::
Section one amends subdivision 1, 4, 5, 6 and 7 of section 11-0523 of
the environmental conservation law; and adds a new subdivision 10.
Section two amends subdivision 2 of section 11-1105 of the environmental
conservation law. Section three sets forth the effective date
JUSTIFICATION::
Currently, environmental conservation laws do not establish any proper
procedures to be utilized in the taking of nuisance wildlife. Both wild-
life-removal professionals and private citizens are allowed to kill
nuisance wildlife in any manner that they deem appropriate. While the
removal, and at times the taking, of a wild animal may be necessary to
protect the public and maintain order, there are currently no provisions
in the law detailing in what manner this should be done.
This bill would establish standards in the taking of nuisance wildlife
by requiring the Department of Environmental Conservation to promulgate
basic regulations to be employed. All rights currently granted to citi-
zens which allow the taking, at any time, will not be altered.
LEGISLATIVE HISTORY::
2021-22: A.1362 - Referred to Environmental Conservation
2019-20: A.657 - Referred to Environmental Conservation
2017-18: A.4086 - Referred to Environmental Conservation
2015-16: A.732 -Referred to Environmental Conservation
2013-14: A.1658 - Referred to Environmental Conservation
2011-12: A.8172 - Referred to Environmental Conservation
FISCAL IMPLICATIONS::
Undetermined.
EFFECTIVE DATE::
This bill shall take effect on the sixtieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
428
2023-2024 Regular Sessions
IN ASSEMBLY
January 9, 2023
___________
Introduced by M. of A. L. 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 amended by section 3 of part H of
4 chapter 58 of the laws of 2012, and subdivision 7 as amended by chapter
5 114 of the laws of 1981, are amended and a new subdivision 10 is added
6 to read as follows:
7 1. [Owners] Subject to subdivision ten of this section, owners and
8 lessees and members of their immediate families actually occupying or
9 cultivating lands, and persons authorized in writing and actually
10 employed by them in cultivating such lands, may take (a) unprotected
11 wildlife other than birds and (b) starlings, common crows and, subject
12 to section 11-0513, pigeons, when such wildlife is injuring their prop-
13 erty or has become a nuisance thereon. [Such taking may be done in any
14 manner, notwithstanding any provision of the Fish and Wildlife Law,
15 except section 11-0513, or the Penal Law or any other law.]
16 4. [Varying] Subject to subdivision ten of this section, varying
17 hares, cottontail rabbits and European hares which are injuring property
18 on occupied farms or lands may be taken thereon, at any time, [in any
19 manner,] except by the use of ferrets, fitch-ferrets or fitch, by the
20 owners or occupants of such farms or lands or by a person authorized in
21 writing by them and actually employed by them in cultivating such farm
22 lands.
23 5. [Skunks] Subject to subdivision ten of this section, skunks injur-
24 ing property or which have become a nuisance may be taken at any time
25 [in any manner].
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00783-01-3
A. 428 2
1 6. [Raccoons] Subject to subdivision ten of this section, raccoons,
2 muskrats, coyotes or fox injuring private property may be taken by the
3 owner, occupant or lessee thereof, or an employee or family member of
4 such 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 § 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 § 3. This act shall take effect on the sixtieth day after it shall
24 have become a law. Effective immediately, the addition, amendment and/or
25 repeal of any rule or regulation necessary for the implementation of
26 this act on its effective date are authorized to be made and completed
27 on or before such effective date.
