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 ___________ 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: 1 Section 1. Section 11-0103 of the environmental conservation law is 2 amended by adding a new subdivision 33 to read as follows: 3 33. "BODY-GRIPPING TRAP" SHALL MEAN A TRAP THAT GRIPS A MAMMAL'S BODY 4 OR BODY PART INCLUDING, BUT NOT LIMITED TO, STEEL-JAWED LEGHOLD TRAPS, 5 PADDED LEGHOLD TRAPS AND CONIBEAR TRAPS. CAGE AND BOX TRAPS, NETS, 6 SUITCASE-TYPE LIVE BEAVER TRAPS, AND COMMON MOUSE AND RAT TRAPS SHALL 7 NOT BE CONSIDERED BODY-GRIPPING TRAPS. 8 S 2. Subdivisions 10 and 12 of section 11-1101 of the environmental 9 conservation law, subdivision 12 as added by chapter 586 of the laws of 10 1991, are amended to read as follows: 11 10. [Traps] BODY-GRIPPING TRAPS shall not be set or placed on a public 12 highway OR PUBLIC ROAD, OR WITHIN ONE HUNDRED FEET OF A PUBLIC HIGHWAY, 13 PUBLIC ROAD, DWELLING, SCHOOL BUILDING, SCHOOL PLAYGROUND, DAY CARE 14 FACILITY, PLACE OF WORSHIP, ATHLETIC FIELD, OR A PAVED OR MARKED BICYCLE 15 PATH, WALKING PATH OR HIKING TRAIL MAINTAINED BY THE STATE, OR ANY CITY, 16 TOWN, VILLAGE OR COUNTY. 17 12. [No person shall trap wildlife] (A) BODY-GRIPPING TRAPS SHALL NOT 18 BE SET within [one] FIVE hundred feet of a dwelling, school building, 19 school playground [or church], DAY CARE FACILITY, PLACE OF WORSHIP, 20 ATHLETIC FIELD, OR A PAVED OR MARKED BICYCLE PATH, WALKING PATH OR 21 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 1 COUNTY, without the written consent of the owner or lessee of the prop- 2 erty where the trap is set. 3 (B) NO PROVISION OF THIS SECTION SHALL BE DEEMED TO PROHIBIT THE OWNER 4 OF PROPERTY FROM SETTING TRAPS ON HIS OR HER LAND WITHIN ONE HUNDRED 5 FEET OF HIS OR HER DWELLING, PROVIDED THAT SUCH SETTING OF TRAPS DOES 6 NOT OTHERWISE VIOLATE THE PROVISIONS OF SUBDIVISION TEN OF THIS SECTION. 7 S 3. Section 11-1101 of the environmental conservation law is amended 8 by adding three new subdivisions 13, 14 and 15 to read as follows: 9 13. (A) THE DEPARTMENT AND ANY CITY, TOWN, VILLAGE OR COUNTY WHICH 10 PERMITS TRAPPING USING BODY-GRIPPING TRAPS ON PUBLIC LAND OVER WHICH IT 11 HAS JURISDICTION, SHALL POST SIGNS AT ALL MAJOR POINTS OF ENTRY TO SUCH 12 LAND. THE SIGNS SHALL CLEARLY STATE THAT TRAPPING USING BODY-GRIPPING 13 TRAPS IS PERMITTED ON THE LAND, THE DATES OF THE OPEN TRAPPING SEASON 14 AND THE TELEPHONE NUMBERS OF THE NEAREST REGIONAL OFFICE OF THE DEPART- 15 MENT AND THE LOCAL POLICE. SUCH SIGNS SHALL BE POSTED ON A PERMANENT 16 BASIS WHERE TRAPPING USING BODY-GRIPPING TRAPS IS PERMITTED. 17 (B) THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS ESTABLISHING 18 FURTHER SPECIFICATIONS FOR THE REQUIREMENTS SET FORTH IN PARAGRAPH (A) 19 OF THIS SUBDIVISION. 20 14. NO PROVISION OF THIS SECTION SHALL BE DEEMED TO PROHIBIT THE 21 DEPARTMENT FROM PROMULGATING RULES AND REGULATIONS REQUIRING MORE 22 RESTRICTIVE PROVISIONS IN AREAS OF THE STATE WHERE THEY ARE DEEMED 23 NECESSARY FOR THE PROTECTION AND WELL-BEING OF THE PUBLIC. 24 15. EACH VIOLATION OF THIS SECTION SHALL CONSTITUTE A MISDEMEANOR. 25 S 4. Section 71-0921 of the environmental conservation law is amended 26 by adding a new subdivision 14 to read as follows: 27 14. FOR A FIRST CONVICTION OF A VIOLATION OF SUBDIVISION TEN, TWELVE 28 OR THIRTEEN OF SECTION 11-1101 OF THIS CHAPTER, BY IMPRISONMENT OF NOT 29 MORE THAN THIRTY DAYS, A FINE OF NOT LESS THAN TWO HUNDRED FIFTY DOLLARS 30 NOR MORE THAN FIVE HUNDRED DOLLARS, OR BY BOTH SUCH IMPRISONMENT AND 31 FINE; FOR A SECOND CONVICTION, BY IMPRISONMENT OF NOT MORE THAN SIXTY 32 DAYS, A FINE OF NOT LESS THAN FIVE HUNDRED NOR MORE THAN ONE THOUSAND 33 DOLLARS, OR BY BOTH SUCH IMPRISONMENT AND FINE; FOR A THIRD OR SUBSE- 34 QUENT CONVICTION, BY IMPRISONMENT OF NOT MORE THAN ONE HUNDRED EIGHTY 35 DAYS, A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS NOR MORE THAN FIVE 36 THOUSAND DOLLARS, OR BY BOTH SUCH IMPRISONMENT AND FINE. 37 S 5. Subdivision 10 of section 71-0923 of the environmental conserva- 38 tion law is REPEALED. 39 S 6. This act shall take effect on the first of November next succeed- 40 ing the date on which it shall have become a law.