NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A556
SPONSOR: Woerner (MS) TITLE OF BILL: An act to amend the environmental conservation law, in
relation to the illegal taking of deer
PURPOSE:
This bill is intended to increase penalties for deer poaching.
SUMMARY OF PROVISIONS:
Section 1 amends Subdivision 1 of section 71-0921 of the Environmental
Conservation Law, as amended by chapter 289 of the laws of 2004, such
that a first out-of-season misdemeanor for a violation of this subdivi-
sion shall be punishable by imprisonment for not more than one year or
by a fine of not less than five hundred dollars and no more than three
thousand dollars, or by both such imprisonment and fine. A first in-sea-
son misdemeanor for a violation of this subdivision shall be punishable
by imprisonment for not more than one year or by a fine of not less than
two-hundred fifty dollars and no more than two thousand dollars, or by
both such imprisonment and fine.
Section 2 amends Subdivision 3 of section 71-0925 of the environmental
conservation law such that the penalty for each deer taken is not less
than five hundred dollars and not more than one thousand dollars. Howev-
er, any person having been held liable for a violation of this subdivi-
sion within five years of the most recent violation shall be subject to
a fine of not less than seven hundred fifty dollars and not more than
two thousand dollars for the first deer taken and a further penalty of
not less than seven hundred fifty dollars and not more than two thousand
dollars for each succeeding deer taken.
JUSTIFICATION:
Wildlife is held in trust by the State for all citizens to enjoy.
Whitetails are the most popular game animal in North America. Too often
individuals apprehended for deer poaching receive only a slap on the
wrist. This legislation would increase the penalties for the first
offense as well as establishes penalties for repeat offenders.
LEGISLATIVE HISTORY:
2015-2016: A.7171B - Passed Assembly, referred to Senate Committee on
Environmental Conservation
FISCAL IMPLICATIONS:
It is expected that the increased penalties contained in this bill will
result in a slight revenue increase for the Department of Environmental
Conservation (DEC). There are no fiscal or programmatic impacts to DEC
from this proposed legislation.
EFFECTIVE DATE:
One hundred twentieth day after it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
556
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
___________
Introduced by M. of A. WOERNER, RIVERA, GOTTFRIED, RAIA, LOPEZ, SKOUFIS,
ARROYO, BARRETT, STEC -- Multi-Sponsored by -- M. of A. COOK, CROUCH,
ENGLEBRIGHT, GLICK, McLAUGHLIN, SIMON -- read once and referred to the
Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
illegal taking of deer
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 71-0921 of the environmental
2 conservation law, as amended by chapter 289 of the laws of 2004, is
3 amended to read as follows:
4 1. (a) The illegal taking of big game prior to the first day of the
5 open season or after the last day of the open season in the county or
6 part thereof where taken, [or any illegal taking of a deer,] or the
7 taking of big game [by the] with aid of an artificial light. Each such
8 misdemeanor for a violation of this paragraph shall be punishable by
9 imprisonment for not more than one year or by a fine of not less than
10 [two hundred fifty] five hundred dollars nor more than [two] three thou-
11 sand dollars, or by both such imprisonment and fine.
12 (b) Any illegal taking of a deer, other than a taking described in
13 paragraph (a) of this subdivision, such misdemeanor shall be punishable
14 by imprisonment for not more than one year or by a fine of not less than
15 two hundred fifty dollars nor more than two thousand dollars, or by both
16 such imprisonment and fine.
17 § 2. Subdivision 3 of section 71-0925 of the environmental conserva-
18 tion law is amended to read as follows:
19 3. (a) If the violation involves the illegal taking of a deer prior to
20 the first day of the open season or after the last day of the open
21 season in the county or part of a county in which taken, or the taking
22 of deer with [the] aid of an artificial light, [or the illegal taking of
23 a wild deer, one] not less than five hundred dollars and [an additional
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02897-01-7
A. 556 2
1 penalty of four hundred] not more than one thousand dollars for the
2 first deer taken and a further penalty of [five hundred] not less than
3 five hundred dollars and not more than one thousand dollars for each
4 succeeding deer taken; provided, however, that any person having been
5 held liable for a violation pursuant to this paragraph in the preceding
6 five years shall be subject to a fine of not less than seven hundred
7 fifty dollars and not more than two thousand dollars for the first deer
8 taken and a further penalty of not less than seven hundred fifty dollars
9 and not more than two thousand dollars for each succeeding deer taken;
10 (b) If the violation involves any illegal taking of a wild deer, other
11 than a taking described in paragraph (a) of this subdivision, five
12 hundred dollars for the first deer taken and a further penalty of five
13 hundred dollars for each succeeding deer taken;
14 § 3. This act shall take effect on the one hundred twentieth day after
15 it shall have become a law.
