S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    428
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. 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.
                                                            LBD00783-01-3
              

 A. 428                              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.
   §  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.
   § 3. This act shall take effect on the sixtieth  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.