S T A T E O F N E W Y O R K
________________________________________________________________________
1344--A
2015-2016 Regular Sessions
I N A S S E M B L Y
January 12, 2015
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Environmental Conservation -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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. Section 11-0524 of the environmental conservation law is
amended by adding four new subdivisions 6, 7, 8 and 9 to read as
follows:
6. IF AN ANIMAL IS KILLED, IT SHALL BE DONE IN A MANNER THAT AVOIDS
UNNECESSARY SUFFERING FOR THE ANIMAL WHILE PROTECTING PUBLIC SAFETY.
NON-LETHAL METHODS OF RESOLVING NUISANCE WILDLIFE PROBLEMS, INCLUDING
DISPOSITION OF THE ANIMALS, SHALL BE UTILIZED UNLESS CONTRARY TO PUBLIC
HEALTH AND SAFETY OR PROHIBITED BY LAW. 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 SHOULD BE MADE TO PRESERVE FAMILY UNITS. DEPENDENT YOUNG WILD-
LIFE SHALL NOT BE ABANDONED IN A STRUCTURE OR LEFT WITHOUT PROVISION FOR
CARE DURING OR AFTER THE REMOVAL OF WILDLIFE.
7. BEFORE A NUISANCE WILDLIFE CONTROL OPERATOR UNDERTAKES ANY CONTROL
MEASURES, A NUISANCE WILDLIFE CONTROL OPERATOR SHALL PROVIDE, TO THE
CLIENT, IN WRITING, THE FOLLOWING: (A) AN ASSESSMENT OF THE PROBLEM,
INCLUDING IDENTIFICATION OF POSSIBLE CAUSES OF THE PROBLEM; (B) THE
METHODS AND PRACTICES THAT MAY BE USED TO RESOLVE THE PROBLEM INCLUDING,
BUT NOT LIMITED TO, DISPOSITION TO BE MADE OF THE ANIMAL; AND (C) AN
ESTIMATE OF THE FEE TO BE CHARGED.
8. THE DEPARTMENT SHALL KEEP A RECORD, FOR NO LESS THAN FIVE YEARS, OF
ANY WRITTEN OR ORAL COMPLAINTS RECEIVED BY THE DEPARTMENT AGAINST A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04226-03-5
A. 1344--A 2
NUISANCE WILDLIFE CONTROL OPERATOR AND SHALL DOCUMENT ACTION TAKEN BY
THE DEPARTMENT IN RESPONSE TO THE COMPLAINT.
9. THE DEPARTMENT IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
S 2. This act shall take effect on the three hundred sixty-fifth 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.