S T A T E   O F   N E W   Y O R K
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                                  1658

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 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  the
  taking of wildlife without a permit

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

  Section 1.  Subdivisions 1, 4, 5, 6 and 7 of section  11-0523  of  the
environmental  conservation law, subdivision 1 as amended by chapter 135
of the laws of 1982, subdivision 6 as amended by section 3 of part H  of
chapter  58 of the laws of 2012, and subdivision 7 as amended by chapter
114 of the laws of 1981, are amended and a new subdivision 10  is  added
to read as follows:
  1.  [Owners]  SUBJECT  TO  SUBDIVISION TEN OF THIS SECTION, OWNERS and
lessees and members of their immediate families  actually  occupying  or
cultivating  lands,  and  persons  authorized  in  writing  and actually
employed by them in cultivating such lands,  may  take  (a)  unprotected
wildlife  other  than birds and (b) starlings, common crows and, subject
to section 11-0513, pigeons, when such wildlife is injuring their  prop-
erty  or has become a nuisance thereon.  [Such taking may be done in any
manner, notwithstanding any provision of  the  Fish  and  Wildlife  Law,
except section 11-0513, or the Penal Law or any other law.]
  4.  [Varying]  SUBJECT  TO  SUBDIVISION  TEN  OF THIS SECTION, VARYING
hares, cottontail rabbits and European hares which are injuring property
on occupied farms or lands may be taken thereon, at any  time,  [in  any
manner,]  except  by  the use of ferrets, fitch-ferrets or fitch, by the
owners or occupants of such farms or lands or by a person authorized  in
writing  by  them and actually employed by them in cultivating such farm
lands.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05495-01-3

              

A. 1658                             2

  5. [Skunks] SUBJECT TO SUBDIVISION TEN OF THIS SECTION, SKUNKS  injur-
ing  property  or  which have become a nuisance may be taken at any time
[in any manner].
  6.  [Raccoons]  SUBJECT  TO SUBDIVISION TEN OF THIS SECTION, RACCOONS,
muskrats, coyotes or fox injuring private property may be taken  by  the
owner,  occupant  or  lessee thereof, or an employee or family member of
such owner, occupant or lessee, at any time [in any manner].
  7. [Whenever] SUBJECT TO SUBDIVISION TEN  OF  THIS  SECTION,  WHENEVER
black, grey and fox squirrels, opossums or weasels are injuring property
on  occupied  farms or lands or dwellings, they may be taken at any time
[in any manner], by the owners or  occupants  thereof  or  by  a  person
authorized in writing by such owner or occupant.
  10. SUCH TAKING MAY ONLY BE DONE SUBJECT TO REGULATIONS PROMULGATED BY
THE DEPARTMENT, PROVIDED THAT SUCH REGULATIONS INCORPORATE THE RECOMMEN-
DATIONS  OF  THE  MOST  RECENT  GUIDELINES ON EUTHANASIA OF THE AMERICAN
VETERINARY MEDICAL ASSOCIATION.  WHILE CIRCUMSTANCES MAY  INFLUENCE  THE
METHODS  OF  TAKING USED, THE METHOD SELECTED SHALL BE THE LEAST STRESS-
FUL, QUICKEST AND MOST PAINLESS TO THE ANIMAL AVAILABLE WHILE PROTECTING
HUMAN HEALTH AND SAFETY.
  S 2. Subdivision 2 of section 11-1105 of the  environmental  conserva-
tion law is amended to read as follows:
  2.  Wildlife  lawfully  taken  alive  in  traps  may be killed [in any
manner,] except that where the taking is pursuant to a permit or special
license, [it] WILDLIFE may not be killed in violation  of  any  term  of
such permit or license.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law; provided, however, that  effective  immediately,  the
department  of  environmental  conservation  shall  promulgate rules and
regulations to effectuate the purposes of this act, on  or  before  such
effective date.