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.