What's happening
This bill requires that wildlife taken without a permit be killed using the most humane methods following AVMA euthanasia guidelines.
Why it matters
Mandates humane euthanasia. The bill replaces previous language that allowed wildlife taken without a permit to be killed “in any manner,” now requiring use of the least stressful, quickest, and most painless methods available, as defined by the latest American Veterinary Medical Association (AVMA) guidelines.
Regulatory oversight increased. The Department of Environmental Conservation must now create and enforce regulations on how wildlife can be euthanized in these circumstances, ensuring adherence to up-to-date professional standards rather than leaving methods to individual discretion.
Limits on property owners’ discretion. While property owners, lessees, and those authorized by them can still remove nuisance or damaging wildlife, they are now explicitly limited in how they can do so, potentially reducing suffering and setting a higher bar for animal welfare even in pest control.
Potential impact on enforcement and education. The bill may require new training or outreach for those allowed to take wildlife without permits, as well as changes to current practices for trappers, farmers, and property managers to comply with humane standards.
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History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
657
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
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 Assembly, 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 property 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02551-01-9
A. 657 2
5. [Skunks] Subject to subdivision ten of this section, skunks injuring property or which have become a nuisance may be taken at any time [in any manner].
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 recommendations 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 stressful, quickest and most painless to the animal available while protecting human health and safety.
§ 2. Subdivision 2 of section 11-1105 of the environmental conservation 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; provided, however, that effective immediately, the department of environmental conservation shall promulgate rules and regulations to effectuate the purposes of this act, on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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