senate Bill S3426

2013-2014 Legislative Session

Prohibiting the taking of non-native big game mammals in a fenced or other area from which there is no means for such mammal to escape

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to environmental conservation
Feb 01, 2013 referred to environmental conservation

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S3426 - Bill Details

See Assembly Version of this Bill:
A3772
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §11-1904, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3157, S3467, S6145, S6154, A4475
2009-2010: S3223, S7982A, A6788

S3426 - Bill Texts

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Prohibits the taking of non-native big game mammals in a fenced or other area from which there is no means for such mammal to escape.

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BILL NUMBER:S3426

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to the prohibition on canned shoots

PURPOSE OR GENERAL IDEA OF BILL: To prohibit the killing, shooting,
maiming or injuring of certain intentionally confined animals for sport,
amusement or taking of a trophy.

SUMMARY OF SPECIFIC PROVISIONS: Paragraph a of subdivision 1 of section
11-1904 of the environmental conservation law, as added by chapter 208
of the laws of 1999 is amended. This bill would expand the existing
prohibition on confined shoots on fenced preserves of 10 acres or less.
The bill would remove the existing acreage requirement and prohibit the
deliberate release of an animal confined in a fenced or other area from
which there is no reasonable means for such animal to escape in the
presence of a hunter. There has been language added that would prohibit
any person who pays any fee to take a live non-native big game animal.
Fee is defined in the bill to include but not limited to the payment of
any compensation or remuneration for room.

JUSTIFICATION: Canned hunting is a practice whereby an animal is
staked, caged or otherwise confined for the purpose of being killed for
pleasure. From automatic firearms to spears, almost any type of weapon
can be used to kill prey in a canned hunt. To assure a kill, the animals
are trapped by fences so they can be easily cornered and prevented from
escaping. Canned hunting brutalizes defenseless animals raised in
captivity whose trust in humans makes them hapless victims of this prac-
tice.

Federal and state laws currently offer protections for endangered,
threatened and many indigenous animals. But a lack of specific prohibi-
tions allows a wide range of animals, including certain species of bear,
llama, zebra and ram to be killed in this manner.

In addition to prohibiting canned hunts, the bill would also restrict
the supply of animals from zoos and game farms to canned hunting facili-
ties. As recently as the fall of 2005, the closing of the Catskill Game
Farm and the selling off of the animals raised concerns by groups that
advocate for the humane treatment of animals that the herd animals like
gazelles and the trophy animals like rhinoceros would be bought by a
canned hunts in New York State, there would be fewer opportunities to
sell these animals for canned hunts.

The recent outbreak of Chronic Wasting Disease (CWD), which is similar
to "mad cow" disease, in New York. State has been linked to captive deer
farms. By outlawing canned shoots NYS can take a preventive step against
the spread of CWD. By prohibiting canned hunting this bill recognizes
that New York State should draw a line between sport and the cruel
savagery of a canned hunt.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date on which it shall have become law.

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

                                  3426

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced by Sens. KRUEGER, AVELLA, BRESLIN, DILAN, SAVINO, STAVISKY --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation  to  the
  prohibition on canned shoots

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

  Section 1. Subdivision 1  of  section  11-1904  of  the  environmental
conservation  law,  as  added  by  chapter  208  of the laws of 1999, is
amended to read as follows:
  1. No person who owns, operates or manages  a  facility  that  harbors
non-native big game mammals shall knowingly permit:
  a.  The  taking on such premises by any person who pays [a] ANY fee to
take a live non-native big game mammal by any of the following means:
  (1) the shooting or spearing of a non-native big game mammal  that  is
tied or hobbled;
  (2)  the  shooting or spearing of a non-native big game mammal that is
staked or attached to any object;
  (3) the shooting or spearing of a non-native big game mammal  that  is
confined  in  a  box,  pen,  cage  or  similar container [of ten or less
contiguous acres] OR IN A FENCED OR OTHER AREA from which  there  is  no
means for such mammal to escape;
  (4)  the  deliberate  release  of a non-native big game mammal that is
confined in a box, pen, cage  or  similar  container  [of  ten  or  less
contiguous  acres]  OR  IN A FENCED OR OTHER AREA FROM WHICH THERE IS NO
MEANS FOR SUCH MAMMAL TO ESCAPE in the presence of any person who is, or
will be, shooting or spearing such non-native big game mammal.
  b. For purposes of this section:
  (1) shooting shall mean the discharge of any type of  firearm  or  bow
and arrow; [and]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01231-01-3

S. 3426                             2

  (2)  spearing shall mean the use of any hand or mechanically propelled
single or multiple pronged pike, blade, or harpoon; AND
  (3)  FEE  SHALL  INCLUDE,  BUT  NOT  BE LIMITED TO, THE PAYMENT OF ANY
COMPENSATION OR REMUNERATION FOR ROOM,  BOARD,  MEALS,  LODGING  OR  ANY
OTHER GOODS OR SERVICES ON THE PREMISES.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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