S T A T E O F N E W Y O R K
________________________________________________________________________
8329
2013-2014 Regular Sessions
I N A S S E M B L Y
December 18, 2013
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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
protecting wildlife while maintaining public safety
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 5 of section 11-0524 of the environmental
conservation law, as added by chapter 265 of the laws of 2002, is
amended and four new subdivisions 6, 7, 8, and 9 are added to read as
follows:
5. Any person licensed pursuant to this section shall submit annually
a report to the department which specifies each client's name and
address, the date work was performed, the species controlled, the abate-
ment method used, the disposition of the animal, A COPY OF THE CLIENT'S
WRITTEN CONSENT TO THE CONTROL METHOD, and any other information as
required by the department. IF AN ANIMAL IS EUTHANIZED, THE REASONS FOR
EUTHANIZING THE ANIMAL AND THE METHOD USED TO EUTHANIZE THE ANIMAL SHALL
BE INDICATED ON THE REPORT. IF THE ANIMAL IS TAKEN WITH A METHOD THAT
INJURES OR KILLS THE ANIMAL, THE REASONS FOR USING SUCH METHOD SHALL BE
INDICATED. The department shall annually update a list of nuisance wild-
life control operators and make it available to the public in both
printed and electronic formats.
6. UNLESS PROHIBITED BY LAW OR NECESSARY TO PROTECT PUBLIC SAFETY OR
THE ENVIRONMENT, NUISANCE WILDLIFE CONTROL OPERATORS SHALL USE NON-LETH-
AL METHODS AND METHODS NOT LIKELY TO CAUSE AN ANIMAL TO BE INJURED TO
RESOLVE NUISANCE WILDLIFE PROBLEMS. UNLESS PROHIBITED BY LAW OR NECES-
SARY TO PROTECT PUBLIC SAFETY OR THE ENVIRONMENT, ANIMALS CAUGHT IN BOX
TRAPS OR OTHERWISE CAPTURED ALIVE SHALL BE RELEASED ALIVE IN A MANNER
CONSISTENT WITH LAWS AND REGULATIONS, UNLESS THE ANIMAL IS DISTRESSED,
DISEASED, OR INJURED, IN WHICH CASE THE NUISANCE WILDLIFE CONTROL OPERA-
TOR SHALL TRANSPORT THE ANIMAL TO A VETERINARIAN OR LICENSED WILDLIFE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11724-03-3
A. 8329 2
REHABILITATOR APPROVED TO ACCEPT THE CAPTURED SPECIES. CAPTURED WILDLIFE
SHALL BE TRANSPORTED IN SUCH A MANNER SO AS TO MINIMIZE STRESS TO THE
ANIMAL, EXPOSURE TO THE ELEMENTS, AND POTENTIAL HAZARD TO THE PUBLIC.
REASONABLE EFFORTS SHALL BE MADE TO PRESERVE FAMILY UNITS. DEPENDENT
YOUNG WILDLIFE SHALL NOT BE ABANDONED IN A STRUCTURE OR LEFT WITHOUT
PROVISION FOR CARE DURING OR AFTER THE REMOVAL OF WILDLIFE. IF AN ANIMAL
IS EUTHANIZED, IT SHALL BE DONE IN A MANNER THAT IS THE LEAST STRESSFUL,
QUICKEST AND MOST PAINLESS TO THE ANIMAL WHILE PROTECTING PUBLIC SAFETY.
7. A. BEFORE A NUISANCE WILDLIFE CONTROL OPERATOR UNDERTAKES ANY
CONTROL MEASURES, A NUISANCE WILDLIFE CONTROL OPERATOR SHALL PROVIDE, TO
THE CLIENT, IN WRITING, THE FOLLOWING: (1) AN ASSESSMENT OF THE PROBLEM,
INCLUDING IDENTIFICATION OF POSSIBLE CAUSES OF THE PROBLEM; (2) THE
METHODS AND PRACTICES THAT MAY BE USED TO RESOLVE THE PROBLEM, CLEARLY
SPECIFYING POSSIBLE LETHAL AND NONLETHAL MEANS AND ANIMAL DISPOSITION
OPTIONS; AND (3) AN ESTIMATE OF THE FEE TO BE CHARGED.
B. LETHAL METHODS AND METHODS LIKELY TO CAUSE AN ANIMAL TO BE INJURED
MAY NOT BE USED IF SUCH USE WOULD BE IN VIOLATION OF SUBDIVISION SIX OF
THIS SECTION OR ANY OTHER LAW, RULE, OR REGULATION AND WITHOUT THE PRIOR
WRITTEN CONSENT OF THE CLIENT.
8. THE DEPARTMENT SHALL KEEP A RECORD OF ANY WRITTEN OR ORAL
COMPLAINTS LODGED AGAINST A NUISANCE WILDLIFE CONTROL OPERATOR AND SHALL
DOCUMENT ACTION TAKEN BY THE DEPARTMENT IN RESPONSE TO THE COMPLAINT.
9. THE DEPARTMENT SHALL PROMULGATE RULES NECESSARY TO EFFECTUATE THE
PROVISIONS OF THIS SECTION.
S 2. This act shall take effect on the ninetieth 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.