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A02917 Summary:

BILL NOA02917
 
SAME ASSAME AS S04099
 
SPONSORGlick
 
COSPNSRSimon, Jackson, Gonzalez-Rojas, Epstein, Rosenthal L, McMahon, Kelles, Fahy, Burdick, Lavine, Stern, Colton, Hevesi, Dinowitz, Rivera, Simone, Burgos, Levenberg, Bores, Paulin, Reyes, Thiele, Shimsky, Ardila, Raga, Lee, Steck, Seawright
 
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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A02917 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2917
 
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 con flicts with livestock. Additionally, a recent study of the eastern U.S. states of New York, New Jersey, Ohio, North Carolina, South Carolina, and Florida found that coyotes are not adversely impacting deer popu- lations 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: 2021-22: A.5746 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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A02917 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2917
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 1, 2023
                                       ___________
 
        Introduced  by  M. of A. GLICK, SIMON, JACKSON, GONZALEZ-ROJAS, EPSTEIN,
          L. ROSENTHAL, McMAHON, KELLES, FAHY, BURDICK, LAVINE,  STERN,  COLTON,
          HEVESI, DINOWITZ, RIVERA -- 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02979-01-3

        A. 2917                             2
 
     1  derbys to take wildlife. Each such violation shall be  punishable  by  a
     2  fine  of  not  less than five hundred dollars nor more than two thousand
     3  dollars.
     4    § 3. This act shall take effect on the first of November next succeed-
     5  ing the date on which it shall have become a law.
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