Prohibits the taking of non-native big game mammals in a fenced or other area from which there is no means for such mammal to escape.
Ayes (8): Thompson, Oppenheimer, Schneiderman, Parker, Serrano, Perkins, Stewart-Cousins, Padavan
Ayes W/R (2): Foley, Marcellino
Nays (3): Leibell, Little, Young
Excused (1): Johnson O
BILL NUMBER: S3223
TITLE OF BILL : An act to amend the environmental conservation law, in relation to the prohibition on canned shoots
PURPOSE OR GENERAL IDEA OF BILL : To prohibit the killing, shooting, maiming or injuring of certain intentionally confined animals for sport, amusement or taking of a trophy.
SUMMARY OF SPECIFIC PROVISIONS : Paragraph a of subdivision 1 of section 11-1904 of the environmental conservation law, as added by chapter 208 of the laws of 1999 is amended. This bill would expand the existing prohibition on confined shoots on fenced preserves of 10 acres or less. The bill would remove the existing acreage requirement and prohibit the deliberate release of an animal confined in a fenced or other area from which there is no reasonable means for such animal to escape in the presence of a hunter. There has been language added that would prohibit any person who pays any fee to take a live non-native big game animal. Fee is defined in the bill to include but not limited to the payment of any compensation or remuneration for room.
JUSTIFICATION : Canned hunting is a practice whereby an animal is staked, caged or otherwise confined for the purpose of being killed for pleasure. From automatic firearms to spears, almost any type of weapon can be used to kill prey in a canned hunt. To assure a kill, the animals are trapped by fences so they can be easily cornered and prevented from escaping. Canned hunting brutalizes defenseless animals raised in captivity whose trust in humans makes them hapless victims of this practice.
Federal and state laws currently offer protections for endangered, threatened and many indigenous animals. But a lack of specific prohibitions allows a wide range of animals, including certain species of bear, llama, zebra and ram to be killed in this manner.
In addition to prohibiting canned hunts, the bill would also restrict the supply of animals from zoos and game farms to canned hunting facilities. As recently as the fall of 2006, the closing of the Catskill Game Farm and the selling off of the animals raised concerns by groups that advocate for the humane treatment of animals that the herd animals like gazelles and the trophy animals like rhinoceros would be bought by a canned hunts in New York State, there would be fewer opportunities to sell these animals for canned hunts.
The recent outbreak of Chronic Wasting Disease (CWD), which is similar to "mad cow" disease, in New York State has been linked to captive deer farms. By outlawing canned shoots NYS can take a preventive step against the spread of CWD. By prohibiting canned hunting this bill recognizes that New York State should draw a line between sport and the cruel savagery of a canned hunt.
PRIOR LEGISLATIVE HISTORY : A.2612 (2008) passed Assembly A.9267 (2006) referred to Environmental Conservation Committee Similar to A.10188 (2004): Passed Assembly A.4609-a (2003): Passed Assembly, Passed Senate. Gov. Veto Message 134 Similar to A.1728 (2001-02). A. 1228-A (1997-98).
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : This act shall take effect on the one hundred eightieth day after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ S. 3223 A. 6788 2009-2010 Regular Sessions S E N A T E - A S S E M B L Y March 12, 2009 ___________IN SENATE -- Introduced by Sen. KRUGER -- read twice and ordered print- ed, and when printed to be committed to the Committee on Environmental Conservation IN ASSEMBLY -- Introduced by M. of A. GLICK, MILLMAN, McDONOUGH, BING, PAULIN, GREENE, ROSENTHAL, WEISENBERG, COLTON, ENGLEBRIGHT -- Multi- Sponsored by -- M. of A. COOK, DINOWITZ, GALEF, MAISEL, McENENY, PHEF- FER, J. RIVERA, SWEENEY, TITUS -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to the prohibition on canned shoots THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 11-1904 of the environmental conservation law, as added by chapter 208 of the laws of 1999, is amended to read as follows: 1. No person who owns, operates or manages a facility that harbors non-native big game mammals shall knowingly permit: a. The taking on such premises by any person who pays
[a]ANY fee to take a live non-native big game mammal by any of the following means: (1) the shooting or spearing of a non-native big game mammal that is tied or hobbled; (2) the shooting or spearing of a non-native big game mammal that is staked or attached to any object; (3) the shooting or spearing of a non-native big game mammal that is confined in a box, pen, cage or similar container [of ten or less contiguous acres]OR IN A FENCED OR OTHER AREA from which there is no means for such mammal to escape; (4) the deliberate release of a non-native big game mammal that is confined in a box, pen, cage or similar container [of ten or less contiguous acres]OR IN A FENCED OR OTHER AREA FROM WHICH THERE IS NOEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09332-01-9 S. 3223 2 A. 6788
MEANS FOR SUCH MAMMAL TO ESCAPE in the presence of any person who is, or will be, shooting or spearing such non-native big game mammal. b. For purposes of this section: (1) shooting shall mean the discharge of any type of firearm or bow and arrow;
[and](2) spearing shall mean the use of any hand or mechanically propelled single or multiple pronged pike, blade, or harpoon; AND (3) FEE SHALL INCLUDE, BUT NOT BE LIMITED TO, THE PAYMENT OF ANY COMPENSATION OR REMUNERATION FOR ROOM, BOARD, MEALS, LODGING OR ANY OTHER GOODS OR SERVICES ON THE PREMISES. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.