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

                                 1344--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Environmental Conservation -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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. Section 11-0524 of the environmental  conservation  law  is
amended  by  adding  four  new  subdivisions  6,  7,  8 and 9 to read as
follows:
  6. IF AN ANIMAL IS KILLED, IT SHALL BE DONE IN A  MANNER  THAT  AVOIDS
UNNECESSARY  SUFFERING  FOR  THE  ANIMAL WHILE PROTECTING PUBLIC SAFETY.
NON-LETHAL METHODS OF RESOLVING NUISANCE  WILDLIFE  PROBLEMS,  INCLUDING
DISPOSITION  OF THE ANIMALS, SHALL BE UTILIZED UNLESS CONTRARY TO PUBLIC
HEALTH AND SAFETY OR PROHIBITED  BY  LAW.  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 SHOULD BE MADE TO PRESERVE FAMILY UNITS. DEPENDENT  YOUNG  WILD-
LIFE SHALL NOT BE ABANDONED IN A STRUCTURE OR LEFT WITHOUT PROVISION FOR
CARE DURING OR AFTER THE REMOVAL OF WILDLIFE.
  7.  BEFORE A NUISANCE WILDLIFE CONTROL OPERATOR UNDERTAKES ANY CONTROL
MEASURES, A NUISANCE WILDLIFE CONTROL OPERATOR  SHALL  PROVIDE,  TO  THE
CLIENT,  IN  WRITING,  THE  FOLLOWING: (A) AN ASSESSMENT OF THE PROBLEM,
INCLUDING IDENTIFICATION OF POSSIBLE CAUSES  OF  THE  PROBLEM;  (B)  THE
METHODS AND PRACTICES THAT MAY BE USED TO RESOLVE THE PROBLEM INCLUDING,
BUT  NOT  LIMITED  TO,  DISPOSITION TO BE MADE OF THE ANIMAL; AND (C) AN
ESTIMATE OF THE FEE TO BE CHARGED.
  8. THE DEPARTMENT SHALL KEEP A RECORD, FOR NO LESS THAN FIVE YEARS, OF
ANY WRITTEN OR ORAL COMPLAINTS RECEIVED  BY  THE  DEPARTMENT  AGAINST  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04226-03-5

              

A. 1344--A                          2

NUISANCE  WILDLIFE  CONTROL  OPERATOR AND SHALL DOCUMENT ACTION TAKEN BY
THE DEPARTMENT IN RESPONSE TO THE COMPLAINT.
  9.  THE  DEPARTMENT  IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
  S 2. This act shall take effect on the three hundred  sixty-fifth  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.