Assembly Bill A5381

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

                                  5381

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation to traps
  set for taking wildlife

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

  Section  1.  Section  11-0111 of the environmental conservation law is
amended to read as follows:
S 11-0111. Limitation of powers of  boards  of  supervisors  and  county
             legislative bodies AND ON MUNICIPAL PROPERTY.
  1.  Boards  of  supervisors  of counties and county legislative bodies
shall not, except as expressly provided in the Fish  and  Wildlife  Law,
exercise powers (other than powers to appropriate money), vested in them
by  any other law, to provide for the protection, preservation or propa-
gation of fish, game, wildlife, or shellfish within the  county,  or  to
prescribe or enforce collection of penalties for the violation thereof.
  2. NOTHING IN THIS SECTION SHALL PROHIBIT A MUNICIPALITY FROM REGULAT-
ING  TRAPPING ON PROPERTY OWNED AND MANAGED BY SUCH MUNICIPALITY, UNLESS
SUCH PROPERTY WAS PURCHASED WITH STATE OR FEDERAL FUNDS FOR THE SPECIFIC
PURPOSE OF ESTABLISHING AND  MAINTAINING  PUBLIC  HUNTING,  TRAPPING  OR
FISHING  GROUNDS.   SUCH REGULATION SHALL NOT LIMIT OR RESTRICT TRAPPING
OF NUISANCE WILDLIFE WHENEVER IT BECOMES A NUISANCE PURSUANT TO  SECTION
11-0505, 11-0507, 11-0521 OR 11-0523 OF THIS ARTICLE BY PERSONS ISSUED A
NUISANCE WILDLIFE CONTROL OPERATOR LICENSE BY THE DEPARTMENT OR WHENEVER
IT  IS  DETERMINED  BY THE DEPARTMENT OR THE DEPARTMENT OF HEALTH OR THE
DEPARTMENT OF AGRICULTURE AND  MARKETS,  OR  THE  COUNTY  DEPARTMENT  OF
HEALTH THAT A DISEASE, WHICH ENDANGERS THE HEALTH AND WELFARE OF FISH OR
WILDLIFE  POPULATIONS,  OR  OF  DOMESTIC LIVESTOCK OR OF THE HUMAN POPU-
LATION EXISTS IN THE COUNTY, OR IS IN IMMINENT DANGER  OF  BEING  INTRO-
DUCED INTO THE COUNTY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08673-01-9

              

A. 5381                             2

  S  2. Section 11-1101 of the environmental conservation law is amended
by adding a new subdivision 13 to read as follows:
  13.  ON ALL PUBLICLY ACCESSIBLE MUNICIPALLY OWNED PROPERTY WHERE TRAP-
PING IS ALLOWED, POSTED SIGNAGE AT OFFICIALLY  RECOGNIZED  ENTRY  POINTS
MUST  INFORM  READERS  THAT  TRAPPING  IS  ALLOWED IN SEASON AND TO TAKE
APPROPRIATE PRECAUTIONS. NOTHING IN THIS  SUBDIVISION  SHALL  PREVENT  A
MUNICIPALITY  FROM  REGULATING  TRAPPING  ON MUNICIPALLY OWNED PROPERTY,
UNLESS SUCH PROPERTY WAS PURCHASED WITH STATE OR FEDERAL FUNDS  FOR  THE
SPECIFIC  PURPOSE  OF ESTABLISHING AND MAINTAINING PUBLIC HUNTING, TRAP-
PING OR FISHING GROUNDS.
  S 3. Section 11-1105 of the environmental conservation  law,  subdivi-
sion 1 as amended by chapter 911 of the laws of 1990, is amended to read
as follows:
S 11-1105. Procedure.
  1.  Traps  set  for  taking wildlife shall bear the name and residence
address of the operator legibly at all times.
  [They] 2. TRAPS shall be  visited  once  in  each  twenty-four  hours,
except  in  the  Northern  Zone where they shall be visited once in each
forty-eight hours or a shorter interval  of  no  less  than  twenty-four
hours  as  the  department may, by regulation, require, and all wildlife
held captive shall immediately be removed from the traps.
  [2] 3.  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 may not be killed in violation of any term of such permit or
license.
  S 4. Section 71-0923 of the environmental conservation law is  amended
by adding a new subdivision 13 to read as follows:
  13. ANY VIOLATION OF TITLE ELEVEN OF ARTICLE ELEVEN OF THIS CHAPTER IS
PUNISHABLE  BY IMPRISONMENT FOR NOT MORE THAN FIFTEEN DAYS, OR BY A FINE
OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS, OR BY
BOTH SUCH IMPRISONMENT AND FINE.
  ANY PERSON WHO INTENTIONALLY AND KNOWINGLY VIOLATES SUBDIVISION ONE OF
SECTION 11-1105 OF THIS CHAPTER SHALL HAVE HIS LICENSE TO  TRAP  REVOKED
AND  SHALL  NOT  BE RELICENSED FOR A MINIMUM OF TWO YEARS THEREAFTER, IN
ADDITION TO ANY OTHER ACTION IMPOSED PURSUANT TO THIS ARTICLE.
  S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.