S T A T E   O F   N E W   Y O R K
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                                   732

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 7, 2015
                               ___________

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.
  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].

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04101-01-5
              

A. 732                              2

  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.