Directs the commissioner of DEC to remove peregrine falcons from the endangered species list and to promulgate regulations for their use in falconry.
Ayes (55): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (6): Espaillat, Gipson, Hoylman, Kennedy, Perkins, Serrano
Excused (2): O'Mara, Parker
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 Golden Eagle and the Peregrine Falcon are on the New York State Endangered Species list. However, neither species is listed on the Federal Endangered Species List, and several states allow for their lawful acquisition. Thus, even though they may be lawfully acquired elsewhere and brought into New York for use in falconry, these birds would be currently ineligible for use in falconry in New York State.
PRIOR LEGISLATIVE HISTORY: S.4842-B of 2012: Died in Senate Environmental 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.
STATE OF NEW YORK ________________________________________________________________________ 2039 2013-2014 Regular Sessions IN 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