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A05746 Summary:

BILL NOA05746
 
SAME ASSAME AS S06643
 
SPONSORGlick
 
COSPNSREnglebright, Simon, Jackson, Gonzalez-Rojas, Epstein, O'Donnell, Rosenthal L, McMahon, Kelles, Fahy, Burdick, Gottfried, Lavine, Stern, Colton, Hevesi, Dinowitz, Rivera J
 
MLTSPNSR
 
Amd §§11-0901 & 71-0921, En Con L
 
Provides that it shall be unlawful for any person to organize, sponsor, conduct, promote, or participate in any contest, competition, tournament or derby where the objective of such contest or competition is to take wildlife.
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A05746 Actions:

BILL NOA05746
 
02/24/2021referred to environmental conservation
05/20/2021reported referred to codes
01/05/2022referred to codes
05/03/2022reported
05/05/2022advanced to third reading cal.597
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A05746 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5746
 
SPONSOR: Glick
  TITLE OF BILL: An act to amend the environmental conservation law, in relation to making contests, competitions, tournaments and derbys to take wildlife unlawful   PURPOSE OR GENERAL IDEA OF BILL: This bill will make it unlawful for any person to organize, sponsor, conduct, promote or participate in any contest, competition, tournament, or derby with the objective of taking or hunting wildlife for prizes for other inducement, or for entertainment. This does not include contests for hunting white-tailed deer, turkey, bear, or fishing contests.   SUMMARY OF SPECIFIC PROVISIONS: Section one. Subdivisions 14, 15 and 16 of section 11-0901 of the envi- ronmental conservation law, subdivision 14 as renumbered by chapter 486 of the laws of 1985, are renumbered subdivisions 15, 16, and 17 and a new subdivision 14 is added, making it unlawful for any person to organ- ize, sponsor, conduct, promote or participate in any contest, competi- tion, tournament, or derby with the objective of taking or hunting wild- life for prizes for other inducement, or for entertainment. This excludes; contests for hunting white-tailed deer, turkey, and bear; field trial testing for dogs; fishing derbies, as fish are not wildlife under this law. Section 2 amends section 71-0921 of the environmental conservation law by adding a new subdivision 10-a. Each such violation shall be punished by a fine of not less than five hundred dollars nor more than two thou- sand dollars. Section 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.   JUSTIFICATION: Wildlife killing contests are organized events in which participants compete for cash and prizes for killing the most, heaviest or largest animals within a certain time period. In New York State, thousands of animals - including coyotes, foxes, bobcats, rabbits, crows, woodchucks and squirrels - are killed in these events every year. The bodies of the animals are often discarded after prizes are awarded. Dependent young may be orphaned--left to die from starvation, predation, or exposure. The New York State Department of Environmental Conservation (NYSDEC) does not oversee or regulate such contests. Wildlife killing contests are a wanton waste of New York's wildlife resources, which belong to all state residents. These organized competi- tions treat animals as disposable pieces in a game to win cash and prizes. Such activities do not align with New York's hunting tradition of sportsmanship and respect for animals and the environment. They could also possibly jeopardize the future of hunting and affect access to private lands for all hunters. The Humane Society of the United States estimates that nearly 600 wildlife killing contests have been held nationwide in the past five years, with dozens held in New York State. Wildlife killing contests are counter-productive to modern, science- based wildlife management principles because they are ineffective and there are no studies to support claims that these contests are an effec- tive way to control populations. Indiscriminate killing of wild carni- vores like coyotes may reduce populations temporarily, but the best available science demonstrates that these species will respond with an increase in reproduction. Killing contests create instability in the family structures of animals that are killed. In the case of coyotes, this disruption allows more coyotes to produce and can increase conflicts with livestock. Additionally, a recent study of the eastern U.S. states of New York, New Jersey, Ohio, North Carolina, South Caroli- na, and Florida found that coyotes are not adversely impacting deer populations in our region. And in the spring of 2019, the NYSDEC reported that hunters in the state harvested an estimated 227,787 deer during the 2018-19 hunting seasons, approximately 12 percent more than the previous season. This legislation amends New York Environmental Conservation Law to make it unlawful for any person to organize, sponsor, conduct, promote, or participate in any contest, competition, tournament, or derby with the objective of taking or hunting wildlife for prizes or other inducement, or for entertainment. The legislation is narrowly crafted to prohibit only these killing contests for prizes or other inducement, or for entertainment; it would not affect the continued lawful, regulated hunt- ing of furbearer or game species, fishing contests and derbies, or dog field trials. Its sole objective is to prohibit inhumane, unsporting, and wasteful wildlife killing contests, which are opposed by a growing number of wildlife management professionals and state wildlife commis- sions and agencies including Vermont, Arizona, and Massachusetts. To date, the states of California, Vermont, Massachusetts, Colorado, New Mexico, Washington and Arizona have banned killing contests.   PRIOR LEGISLATIVE HISTORY: 2019-20: Similar to A.722 / A.9775 2017-18: A.4116A 2015-16: A.3855 2013-14: A.3661 2011-12: A.3509 2009-10: A.2559 2007-08: A.2614 2005-06: A.1822 2003-04: A.7985   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become law.
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A05746 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5746
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 24, 2021
                                       ___________
 
        Introduced  by  M. of A. GLICK, ENGLEBRIGHT -- read once and referred to
          the Committee on Environmental Conservation
 
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          making contests, competitions, tournaments and derbys to take wildlife
          unlawful

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 14, 15 and 16 of section 11-0901 of the  envi-
     2  ronmental  conservation law, subdivision 14 as renumbered by chapter 486
     3  of the laws of 1985, are renumbered subdivisions 15, 16 and 17 and a new
     4  subdivision 14 is added to read as follows:
     5    14. It shall be unlawful for any person to organize, sponsor, conduct,
     6  promote, or participate in  any  contest,  competition,  tournament,  or
     7  derby  with  the  objective  of taking or hunting wildlife for prizes or
     8  other inducement, or for entertainment.   The remains  of  any  wildlife
     9  killed during the course of a contest, competition, tournament, or derby
    10  conducted  in  violation of this subdivision shall be forfeited by every
    11  organizer, promoter, participant  or  any  other  person  conducting  or
    12  involved  in  such  contest,  competition,  tournament, or derby and the
    13  remains of such wildlife shall become the property  of  the  department.
    14  The  provisions of this subdivision shall not apply to: (a) any contest,
    15  competition, tournament, or derby with the object of taking  or  hunting
    16  white-tailed deer, turkey, or bear; or (b) special dog training areas or
    17  field  trials pursuant to sections 11-0925 and 11-0927 of this title, or
    18  any similar canine performance events.
    19    § 2. Section 71-0921 of the environmental conservation law is  amended
    20  by adding a new subdivision 10-a to read as follows:
    21    10-a.  Violations  of  subdivision fourteen of section 11-0901 of this
    22  chapter  involving  unlawful  contests,  competitions,  tournaments  and
    23  derbys  to  take  wildlife. Each such violation shall be punishable by a
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07940-02-1

        A. 5746                             2
 
     1  fine of not less than five hundred dollars nor more  than  two  thousand
     2  dollars.
     3    § 3. This act shall take effect on the first of November next succeed-
     4  ing the date on which it shall have become a law.
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