Relates to protecting wildlife and maintaining safety; necessitates written notification before a nuisance wildlife control operator undertakes any control measures.
STATE OF NEW YORK
________________________________________________________________________
594
2019-2020 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2019
___________
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
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 Non-lethal methods of resolving nuisance wildlife problems, including
7 disposition of the animals, shall be utilized unless contrary to public
8 health and safety or prohibited by law. Captured wildlife shall be
9 transported in such a manner so as to minimize stress to the animal,
10 exposure to the elements, and potential hazard to the public. Reasonable
11 efforts should be made to preserve family units. Dependent young wild-
12 life shall not be abandoned in a structure or left without provision for
13 care during or after the removal of wildlife.
14 7. Before a nuisance wildlife control operator undertakes any control
15 measures, a nuisance wildlife control operator shall provide, to the
16 client, in writing, the following: (a) an assessment of the problem,
17 including identification of possible causes of the problem; (b) the
18 methods and practices that may be used to resolve the problem including,
19 but not limited to, disposition to be made of the animal; and (c) an
20 estimate of the fee to be charged.
21 8. The department shall keep a record, for no less than five years, of
22 any written or oral complaints received by the department against a
23 nuisance wildlife control operator and shall document action taken by
24 the department in response to the complaint.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03342-01-9
A. 594 2
1 9. The department is authorized to promulgate rules and regulations
2 necessary to effectuate the provisions of this section.
3 § 2. This act shall take effect on the three hundred sixty-fifth day
4 after it shall have become a law. Effective immediately, the addition,
5 amendment and/or repeal of any rule or regulation necessary for the
6 implementation of this act on its effective date are authorized to be
7 made and completed on or before such effective date.
