S T A T E O F N E W Y O R K
________________________________________________________________________
428
2023-2024 Regular Sessions
I N A S S E M B L Y
January 9, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
taking of wildlife without a permit
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1, 4, 5, 6 and 7 of section 11-0523 of the
environmental conservation law, subdivision 1 as amended by chapter 135
of the laws of 1982, subdivision 6 as amended by section 3 of part H of
chapter 58 of the laws of 2012, and subdivision 7 as amended by chapter
114 of the laws of 1981, are amended and a new subdivision 10 is added
to read as follows:
1. [Owners] SUBJECT TO SUBDIVISION TEN OF THIS SECTION, OWNERS and
lessees and members of their immediate families actually occupying or
cultivating lands, and persons authorized in writing and actually
employed by them in cultivating such lands, may take (a) unprotected
wildlife other than birds and (b) starlings, common crows and, subject
to section 11-0513, pigeons, when such wildlife is injuring their prop-
erty or has become a nuisance thereon. [Such taking may be done in any
manner, notwithstanding any provision of the Fish and Wildlife Law,
except section 11-0513, or the Penal Law or any other law.]
4. [Varying] SUBJECT TO SUBDIVISION TEN OF THIS SECTION, VARYING
hares, cottontail rabbits and European hares which are injuring property
on occupied farms or lands may be taken thereon, at any time, [in any
manner,] except by the use of ferrets, fitch-ferrets or fitch, by the
owners or occupants of such farms or lands or by a person authorized in
writing by them and actually employed by them in cultivating such farm
lands.
5. [Skunks] SUBJECT TO SUBDIVISION TEN OF THIS SECTION, SKUNKS injur-
ing property or which have become a nuisance may be taken at any time
[in any manner].
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00783-01-3
A. 428 2
6. [Raccoons] SUBJECT TO SUBDIVISION TEN OF THIS SECTION, RACCOONS,
muskrats, coyotes or fox injuring private property may be taken by the
owner, occupant or lessee thereof, or an employee or family member of
such owner, occupant or lessee, at any time [in any manner].
7. [Whenever] SUBJECT TO SUBDIVISION TEN OF THIS SECTION, WHENEVER
black, grey and fox squirrels, opossums or weasels are injuring property
on occupied farms or lands or dwellings, they may be taken at any time
[in any manner], by the owners or occupants thereof or by a person
authorized in writing by such owner or occupant.
10. SUCH TAKING MAY ONLY BE DONE SUBJECT TO REGULATIONS PROMULGATED BY
THE DEPARTMENT, PROVIDED THAT SUCH REGULATIONS INCORPORATE THE RECOMMEN-
DATIONS OF THE MOST RECENT GUIDELINES ON EUTHANASIA OF THE AMERICAN
VETERINARY MEDICAL ASSOCIATION. WHILE CIRCUMSTANCES MAY INFLUENCE THE
METHODS OF TAKING USED, THE METHOD SELECTED SHALL BE THE LEAST STRESS-
FUL, QUICKEST AND MOST PAINLESS TO THE ANIMAL AVAILABLE WHILE PROTECTING
HUMAN HEALTH AND SAFETY.
§ 2. Subdivision 2 of section 11-1105 of the environmental conserva-
tion law is amended to read as follows:
2. 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] WILDLIFE may not be killed in violation of any term of
such permit or license.
§ 3. This act shall take effect on the sixtieth 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.