Directs the commissioner of DEC to remove peregrine falcons from the endangered species list and to promulgate regulations for their use in falconry.

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S2039-2013 Actions

• May 22, 2013: referred to environmental conservation
• May 22, 2013: DELIVERED TO ASSEMBLY
• May 22, 2013: PASSED SENATE
• May 20, 2013: ADVANCED TO THIRD READING
• May 8, 2013: 2ND REPORT CAL.
• May 7, 2013: 1ST REPORT CAL.562
• Jan 9, 2013: REFERRED TO ENVIRONMENTAL CONSERVATION

S2039-2013 Meetings

Environmental Conservation: May 7, 2013

S2039-2013 Calendars

Active List: May 22, 2013 , Floor Calendar: May 8, 2013 , Floor Calendar: May 20, 2013 , Floor Calendar: May 21, 2013 , Floor Calendar: May 22, 2013

S2039-2013 Votes

S2039-2013 Memo

BILL NUMBER:S2039

TITLE  OF BILL:   An act to amend the environmental conservation law, in
relation to falconry

PURPOSE OR GENERAL IDEA OF BILL:  Amends the definition  of  raptors  to
include  lawfully acquired Golden Eagles and Peregrine Falcons and their
progeny.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends subdivision 1 of section 11-1001 of the  Environmental
Conservation  Law  to include lawfully acquired golden eagles, peregrine
falcons and their progeny within  the  definition  of  raptors  for  the
purpose of falconry.

Section 2: Effective date.

JUSTIFICATION:  Current law prohibits the use of birds listed on the New
York  State  "endangered species" list or "threatened species" list from
being involved in the hunting practice of falconry. Currently, the Gold-
en Eagle and the Peregrine Falcon are on the New York  State  Endangered
Species  list.  However, neither species is listed on the Federal Endan-
gered Species List, and several states allow for their  lawful  acquisi-
tion.  Thus,  even  though  they  may be lawfully acquired elsewhere and
brought into New York for use in falconry, these birds would be current-
ly ineligible for use in falconry in New York State.

PRIOR LEGISLATIVE HISTORY:  S.4842-B of 2012: Died  in  Senate  Environ-
mental   Conservation,   Died  in  Assembly  Environmental  Conservation
S.4842-A of 2011: Died in Senate Environmental Conservation

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect immediately.

S2039-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    2039

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
    printed to be committed to the Committee on Environmental Conservation

  AN ACT to amend the  environmental  conservation  law,  in  relation  to
    falconry

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Section 11-1001 of the environmental conservation  law,  as
  added  by  chapter  825 of the laws of 1973, subdivision 1 as amended by
  chapter 325 of the laws of 1989, is amended to read as follows:

  S 11-1001. Definitions.
    (1) "Raptors" means all species of the orders Strigiformes and  Falco-
  niformes  and  shall  include but not be limited to falcons, hawks, owls
  and eagles except the golden eagle (Aquila chrysaetor)  and  bald  eagle
  (Haliaetus  leucocephalus) and all birds listed as endangered or threat-
  ened pursuant to section 11-0535 of  this  article.  However,  [properly
  banded  peregrine  falcons  which  are  the  progeny  of  birds lawfully
  acquired prior to 1978 are] LAWFULLY ACQUIRED GOLDEN  EAGLES,  PEREGRINE
  FALCONS,  AND  THEIR  PROGENY  ARE  raptors  within  the meaning of this
  section.
    (2) "Falconry" means the sport  of  hunting  by  the  use  of  trained
  raptors  and  includes  the training, feeding and handling of such birds
  and their recapture after being released for hunting or training.
    S 2. This act shall take effect immediately.



   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03628-01-3