What's happening
This bill allows New York counties to restrict, limit, or prohibit animal trapping within their boundaries by local law or ordinance.
Why it matters
Empowers local decision-making. By allowing counties to set their own rules on animal trapping, the bill shifts control from the state to local governments, letting them respond to the unique needs, values, and concerns of their communities regarding wildlife and animal welfare.
Potential for varying trapping laws. This could lead to a patchwork of regulations across the state, meaning that trapping activities legal in one county might be illegal in another. This variation could affect trappers, hunters, and wildlife management professionals who operate in multiple counties.
Public health and safety safeguard. The bill includes a provision ensuring that the state retains emergency powers during disease outbreaks among wildlife, so necessary trapping for disease control (e.g., rabies, avian flu) can still occur even if a county bans trapping in other circumstances.
Implications for wildlife management and property rights. Local trapping bans or restrictions could affect how wildlife populations are managed, potentially impacting farmers, landowners, and conservation efforts—either by reducing unwanted animal populations or, conversely, by making such management more difficult.
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Who cares
Headline styles
Let Counties Limit Animal Trapping
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3062
2017-2018 Regular Sessions
IN SENATE
January 19, 2017
Introduced by Sens. SERRANO, AVELLA, HOYLMAN, KRUEGER, PERKINS -- 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 municipalities regulating the use of traps
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The environmental conservation law is amended by adding a new section 11-1111 to read as follows: § 11-1111. Municipal regulation of trapping.
Notwithstanding any other provision of this article or of any other law, rule or regulation, each county in the state may, by local law or ordinance, restrict, limit or prohibit trapping within its municipal limits. No provision of this section shall be deemed to prohibit the department from exercising its emergency powers pursuant to section 11-0325 of this article in relation to the control of fish or wildlife in the public interest to prevent the introduction or spread of disease.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08495-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to municipalities regulating the use of traps
Purpose or general idea of the bill
The subject bill would allow counties to enact a local law to restrict, limit or prohibit trapping within such municipality.
Summary of provisions
The environmental conservation law is amended by adding a new section, 11-1111, to allow counties to enact local laws more rigid than state laws regarding trapping. However, such local law shall not prohibit the Department of Environmental Conservation from exercising its emergency powers in relation to the control of fish or wildlife to prevent the spread of disease.
Justification
Currently, three counties across the state have enacted local laws to impose more limits on the use of traps throughout their counties. The state has challenged these local laws and has been upheld in court because the authority to regulate trapping is only granted to the state. The precedent to allow counties to limit the use of traps has already been set but legislation is necessary to clarify existing law so that counties may go forward with legislation to limit trapping without fear of state intervention.
Legislative history
2007-08: S.1461(Padavan) Referred to Environmental Conservation 2009-10: Senate & Assembly Referred to Environmental Conservation 2011-12: S.2698- Referred to Environmental Conservation 2013-14: S1039- Referred to Environmental Conservation 2015-16: S1009 -Referred to Environmental Conservation
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.