S T A T E O F N E W Y O R K
________________________________________________________________________
2010
2015-2016 Regular Sessions
I N A S S E M B L Y
January 13, 2015
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Introduced by M. of A. ENGLEBRIGHT, CLARK, ORTIZ -- Multi-Sponsored by
-- M. of A. COLTON, DINOWITZ, GALEF, HEASTIE, HOOPER -- 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.
LBD05867-01-5
A. 2010 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.