S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    710
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  -- Multi-Sponsored by -- M. of A.
   LEVENBERG -- 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.
                                                            LBD02622-01-5
              

 A. 710                              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.
   § 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.