S T A T E   O F   N E W   Y O R K
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                                  8329

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            December 18, 2013
                               ___________

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
  protecting wildlife while maintaining public safety

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

  Section 1. Subdivision 5  of  section  11-0524  of  the  environmental
conservation  law,  as  added  by  chapter  265  of the laws of 2002, is
amended and four new subdivisions 6, 7, 8, and 9 are added  to  read  as
follows:
  5.  Any person licensed pursuant to this section shall submit annually
a report to the  department  which  specifies  each  client's  name  and
address, the date work was performed, the species controlled, the abate-
ment  method used, the disposition of the animal, A COPY OF THE CLIENT'S
WRITTEN CONSENT TO THE CONTROL METHOD,  and  any  other  information  as
required  by the department. IF AN ANIMAL IS EUTHANIZED, THE REASONS FOR
EUTHANIZING THE ANIMAL AND THE METHOD USED TO EUTHANIZE THE ANIMAL SHALL
BE INDICATED ON THE REPORT. IF THE ANIMAL IS TAKEN WITH  A  METHOD  THAT
INJURES  OR KILLS THE ANIMAL, THE REASONS FOR USING SUCH METHOD SHALL BE
INDICATED. The department shall annually update a list of nuisance wild-
life control operators and make it  available  to  the  public  in  both
printed and electronic formats.
  6.  UNLESS  PROHIBITED BY LAW OR NECESSARY TO PROTECT PUBLIC SAFETY OR
THE ENVIRONMENT, NUISANCE WILDLIFE CONTROL OPERATORS SHALL USE NON-LETH-
AL METHODS AND METHODS NOT LIKELY TO CAUSE AN ANIMAL TO  BE  INJURED  TO
RESOLVE  NUISANCE  WILDLIFE PROBLEMS. UNLESS PROHIBITED BY LAW OR NECES-
SARY TO PROTECT PUBLIC SAFETY OR THE ENVIRONMENT, ANIMALS CAUGHT IN  BOX
TRAPS  OR  OTHERWISE  CAPTURED ALIVE SHALL BE RELEASED ALIVE IN A MANNER
CONSISTENT WITH LAWS AND REGULATIONS, UNLESS THE ANIMAL  IS  DISTRESSED,
DISEASED, OR INJURED, IN WHICH CASE THE NUISANCE WILDLIFE CONTROL OPERA-
TOR  SHALL  TRANSPORT  THE ANIMAL TO A VETERINARIAN OR LICENSED WILDLIFE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11724-03-3
              

A. 8329                             2

REHABILITATOR APPROVED TO ACCEPT THE CAPTURED SPECIES. CAPTURED WILDLIFE
SHALL BE TRANSPORTED IN SUCH A MANNER SO AS TO MINIMIZE  STRESS  TO  THE
ANIMAL,  EXPOSURE  TO  THE ELEMENTS, AND POTENTIAL HAZARD TO THE PUBLIC.
REASONABLE  EFFORTS  SHALL  BE  MADE TO PRESERVE FAMILY UNITS. DEPENDENT
YOUNG WILDLIFE SHALL NOT BE ABANDONED IN A  STRUCTURE  OR  LEFT  WITHOUT
PROVISION FOR CARE DURING OR AFTER THE REMOVAL OF WILDLIFE. IF AN ANIMAL
IS EUTHANIZED, IT SHALL BE DONE IN A MANNER THAT IS THE LEAST STRESSFUL,
QUICKEST AND MOST PAINLESS TO THE ANIMAL WHILE PROTECTING PUBLIC SAFETY.
  7.  A.  BEFORE  A  NUISANCE  WILDLIFE  CONTROL OPERATOR UNDERTAKES ANY
CONTROL MEASURES, A NUISANCE WILDLIFE CONTROL OPERATOR SHALL PROVIDE, TO
THE CLIENT, IN WRITING, THE FOLLOWING: (1) AN ASSESSMENT OF THE PROBLEM,
INCLUDING IDENTIFICATION OF POSSIBLE CAUSES  OF  THE  PROBLEM;  (2)  THE
METHODS  AND  PRACTICES THAT MAY BE USED TO RESOLVE THE PROBLEM, CLEARLY
SPECIFYING POSSIBLE LETHAL AND NONLETHAL MEANS  AND  ANIMAL  DISPOSITION
OPTIONS; AND (3) AN ESTIMATE OF THE FEE TO BE CHARGED.
  B.  LETHAL METHODS AND METHODS LIKELY TO CAUSE AN ANIMAL TO BE INJURED
MAY NOT BE USED IF SUCH USE WOULD BE IN VIOLATION OF SUBDIVISION SIX  OF
THIS SECTION OR ANY OTHER LAW, RULE, OR REGULATION AND WITHOUT THE PRIOR
WRITTEN CONSENT OF THE CLIENT.
  8.  THE  DEPARTMENT  SHALL  KEEP  A  RECORD  OF  ANY  WRITTEN  OR ORAL
COMPLAINTS LODGED AGAINST A NUISANCE WILDLIFE CONTROL OPERATOR AND SHALL
DOCUMENT ACTION TAKEN BY THE DEPARTMENT IN RESPONSE TO THE COMPLAINT.
  9. THE DEPARTMENT SHALL PROMULGATE RULES NECESSARY TO  EFFECTUATE  THE
PROVISIONS OF THIS SECTION.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary  for  the  implementation  of
this  act  on its effective date are authorized to be made and completed
on or before such effective date.