A8172-2011 Actions

• Jan 4, 2012: referred to environmental conservation
• Jun 3, 2011: referred to environmental conservation

A8172-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         8172
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 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:

 

Section 1.  Subdivisions 1, 4, 5, 6 and 7 of section  11-0523  of  the
 environmental  conservation law, subdivision 1 as amended by chapter 135
 of the laws of 1982, subdivision 6 as added by chapter 911 of  the  laws
 of  1990,  and  subdivision  7  as amended by chapter 114 of the laws of
 1981, are amended and a new subdivision 10 is added to read as follows:

 1. [Owners] SUBJECT TO SUBDIVISION TEN OF  THIS  SECTION,  OWNERS  and
 lessees  and  members  of their immediate families actually occupying or
 cultivating lands,  and  persons  authorized  in  writing  and  actually
 employed  by  them  in  cultivating such lands, may take (a) unprotected
 wildlife other than birds and (b) starlings, common crows  and,  subject
 to  section 11-0513, pigeons, when such wildlife is injuring their prop
 erty or has become a nuisance thereon.  [Such taking may be done in  any
 manner,  notwithstanding  any  provision  of  the Fish and Wildlife Law,
 except section 11-0513, or the Penal Law or any other law.]
 4. [Varying] SUBJECT TO  SUBDIVISION  TEN  OF  THIS  SECTION,  VARYING
 hares, cottontail rabbits and European hares which are injuring property
 on  occupied  farms  or lands may be taken thereon, at any time, [in any
 manner,] except by the use of ferrets, fitch-ferrets or  fitch,  by  the
 owners  or occupants of such farms or lands or by a person authorized in
 writing by them and actually employed by them in cultivating  such  farm
 lands.
 5.  [Skunks] SUBJECT TO SUBDIVISION TEN OF THIS SECTION, SKUNKS injur
 ing property or which have become a nuisance may be taken  at  any  time
 [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
 6.  [Raccoons]  SUBJECT  TO SUBDIVISION TEN OF THIS SECTION, RACCOONS,
 coyotes or fox injuring private property may  be  taken  by  the  owner,
 occupant  or  lessee  thereof,  or  an employee or family member of such
 owner, occupant or lessee, at any time [in any manner].
 7.  [Whenever]  SUBJECT  TO  SUBDIVISION TEN OF THIS SECTION, WHENEVER
 black, grey and fox squirrels, opossums or weasels are injuring property
 on occupied farms or lands or dwellings, they may be taken at  any  time
 [in  any  manner],  by  the  owners  or occupants thereof or by a person
 authorized in writing by such owner or occupant.
 10. SUCH TAKING MAY ONLY BE DONE SUBJECT TO REGULATIONS PROMULGATED BY
 THE DEPARTMENT, PROVIDED THAT SUCH REGULATIONS INCORPORATE THE RECOMMEN
 DATIONS OF THE MOST RECENT GUIDELINES  ON  EUTHANASIA  OF  THE  AMERICAN
 VETERINARY  MEDICAL ASSOCIATION.   WHILE CIRCUMSTANCES MAY INFLUENCE THE
 METHODS OF TAKING USED, THE METHOD SELECTED SHALL BE THE  LEAST  STRESS
 FUL, QUICKEST AND MOST PAINLESS TO THE ANIMAL AVAILABLE WHILE PROTECTING
 HUMAN HEALTH AND SAFETY.
 

S  2.  Subdivision 2 of section 11-1105 of the environmental conserva
 tion law is amended to read as follows:

 2. Wildlife lawfully taken alive  in  traps  may  be  killed  [in  any
 manner,] except that where the taking is pursuant to a permit or special
 license,  [it]  WILDLIFE  may  not be killed in violation of any term of
 such permit or license.
 

S 3. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a  law; provided, however, that effective immediately, the
 department of environmental  conservation  shall  promulgate  rules  and
 regulations  to  effectuate  the purposes of this act, on or before such
 effective date.

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