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: A1331
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
protecting wildlife while maintaining public safety
PURPOSE:
This bill requires 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 operator (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 causing 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 protect-
ing 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.
LEGISLATIVE HISTORY:
2019-20: A.594 - Referred to Environmental Conservation
2017-18: A.4796 - Referred to Environmental Conservation
2015-16: A.1344-A - Referred to Environmental Conservation
2013-14: A.8329-A - Reported to Codes
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This bill shall take effect on the 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
________________________________________________________________________
1331
2021-2022 Regular Sessions
IN ASSEMBLY
January 8, 2021
___________
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.
LBD00630-01-1
A. 1331 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.
