S T A T E   O F   N E W   Y O R K
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                                  3400

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, CLARK, ORTIZ -- Multi-Sponsored by
  -- M. of A. COLTON, DINOWITZ, GALEF, HEASTIE, HOOPER, JOHN, MAYERSOHN,
  McENENY, MILLMAN, PHEFFER, WEISENBERG -- read once and referred to the
  Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation  to  the
  regulation  of  trapping;  and  to  repeal  subdivision  10 of section
  71-0923 of such law relating to the penalty for trapping near  certain
  buildings or facilities

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

  Section 1. Section 11-0103 of the environmental  conservation  law  is
amended by adding a new subdivision 33 to read as follows:
  33.  "BODY-GRIPPING TRAP" SHALL MEAN A TRAP THAT GRIPS A MAMMAL'S BODY
OR BODY PART INCLUDING, BUT NOT LIMITED TO, STEEL-JAWED  LEGHOLD  TRAPS,
PADDED  LEGHOLD  TRAPS  AND    CONIBEAR TRAPS. CAGE AND BOX TRAPS, NETS,
SUITCASE-TYPE LIVE BEAVER TRAPS, AND COMMON MOUSE AND  RAT  TRAPS  SHALL
NOT BE CONSIDERED BODY-GRIPPING TRAPS.
  S  2.  Subdivisions  10 and 12 of section 11-1101 of the environmental
conservation law, subdivision 12 as added by chapter 586 of the laws  of
1991, are amended to read as follows:
  10. [Traps] BODY-GRIPPING TRAPS shall not be set or placed on a public
highway  OR PUBLIC ROAD, OR WITHIN ONE HUNDRED FEET OF A PUBLIC HIGHWAY,
PUBLIC ROAD, DWELLING, SCHOOL  BUILDING,  SCHOOL  PLAYGROUND,  DAY  CARE
FACILITY, PLACE OF WORSHIP, ATHLETIC FIELD, OR A PAVED OR MARKED BICYCLE
PATH, WALKING PATH OR HIKING TRAIL MAINTAINED BY THE STATE, OR ANY CITY,
TOWN, VILLAGE OR COUNTY.
  12.  [No person shall trap wildlife] (A) BODY-GRIPPING TRAPS SHALL NOT
BE SET within [one] FIVE hundred feet of a  dwelling,  school  building,
school  playground  [or  church],  DAY  CARE FACILITY, PLACE OF WORSHIP,
ATHLETIC FIELD, OR A PAVED OR  MARKED  BICYCLE  PATH,  WALKING  PATH  OR
HIKING  TRAIL  MAINTAINED  BY  THE  STATE, OR ANY CITY, TOWN, VILLAGE OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06756-01-9
              

A. 3400                             2

COUNTY, without the written consent of the owner or lessee of the  prop-
erty where the trap is set.
  (B) NO PROVISION OF THIS SECTION SHALL BE DEEMED TO PROHIBIT THE OWNER
OF  PROPERTY  FROM  SETTING  TRAPS ON HIS OR HER LAND WITHIN ONE HUNDRED
FEET OF HIS OR HER DWELLING, PROVIDED THAT SUCH SETTING  OF  TRAPS  DOES
NOT OTHERWISE VIOLATE THE PROVISIONS OF SUBDIVISION TEN OF THIS SECTION.
  S  3. Section 11-1101 of the environmental conservation law is amended
by adding three new subdivisions 13, 14 and 15 to read as follows:
  13. (A) THE DEPARTMENT AND ANY CITY, TOWN,  VILLAGE  OR  COUNTY  WHICH
PERMITS  TRAPPING USING BODY-GRIPPING TRAPS ON PUBLIC LAND OVER WHICH IT
HAS JURISDICTION, SHALL POST SIGNS AT ALL MAJOR POINTS OF ENTRY TO  SUCH
LAND.  THE  SIGNS  SHALL CLEARLY STATE THAT TRAPPING USING BODY-GRIPPING
TRAPS IS PERMITTED ON THE LAND, THE DATES OF THE  OPEN  TRAPPING  SEASON
AND  THE TELEPHONE NUMBERS OF THE NEAREST REGIONAL OFFICE OF THE DEPART-
MENT AND THE LOCAL POLICE. SUCH SIGNS SHALL BE  POSTED  ON  A  PERMANENT
BASIS WHERE TRAPPING USING BODY-GRIPPING TRAPS IS PERMITTED.
  (B) THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS ESTABLISHING
FURTHER  SPECIFICATIONS  FOR THE REQUIREMENTS SET FORTH IN PARAGRAPH (A)
OF THIS SUBDIVISION.
  14. NO PROVISION OF THIS SECTION  SHALL  BE  DEEMED  TO  PROHIBIT  THE
DEPARTMENT  FROM  PROMULGATING  RULES  AND  REGULATIONS  REQUIRING  MORE
RESTRICTIVE PROVISIONS IN AREAS OF  THE  STATE  WHERE  THEY  ARE  DEEMED
NECESSARY FOR THE PROTECTION AND WELL-BEING OF THE PUBLIC.
  15. EACH VIOLATION OF THIS SECTION SHALL CONSTITUTE A MISDEMEANOR.
  S  4. Section 71-0921 of the environmental conservation law is amended
by adding a new subdivision 14 to read as follows:
  14. FOR A FIRST CONVICTION OF A VIOLATION OF SUBDIVISION  TEN,  TWELVE
OR  THIRTEEN  OF SECTION 11-1101 OF THIS CHAPTER, BY IMPRISONMENT OF NOT
MORE THAN THIRTY DAYS, A FINE OF NOT LESS THAN TWO HUNDRED FIFTY DOLLARS
NOR MORE THAN FIVE HUNDRED DOLLARS, OR BY  BOTH  SUCH  IMPRISONMENT  AND
FINE;  FOR  A  SECOND CONVICTION, BY IMPRISONMENT OF NOT MORE THAN SIXTY
DAYS, A FINE OF NOT LESS THAN FIVE HUNDRED NOR MORE  THAN  ONE  THOUSAND
DOLLARS,  OR  BY  BOTH SUCH IMPRISONMENT AND FINE; FOR A THIRD OR SUBSE-
QUENT CONVICTION, BY IMPRISONMENT OF NOT MORE THAN  ONE  HUNDRED  EIGHTY
DAYS,  A  FINE  OF NOT LESS THAN ONE THOUSAND DOLLARS NOR MORE THAN FIVE
THOUSAND DOLLARS, OR BY BOTH SUCH IMPRISONMENT AND FINE.
  S 5. Subdivision 10 of section 71-0923 of the environmental  conserva-
tion law is REPEALED.
  S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.