Mckinney’s Consolidated Laws of New York Annotated. Environmental Conservation Law. Chapter 43-B. Of the Consolidated Laws. Article 11. Fish and Wildlife. Title 19. Propagation; Shooting Preserves; Farm Fish Ponds; Fishing Preserves.

Primary Citation: McKinney’s E. C. L. § 11-1904
Alternate Citation: McKinney’s E. C. L. § 11-1904
Date Adopted: 1999

Summary: This New York statute provides that no person who owns, operates or manages a facility that harbors non-native big game mammals shall knowingly permit the taking on such premises by any person who pays a fee to take a live non-native big game mammal by any of the following means: the shooting or spearing of a non-native big game mammal that is tied or hobbled; the shooting or spearing of a non-native big game mammal that is staked or attached to any object; the shooting or spearing of a non-native big game mammal that is confined in a box, pen, cage or similar container of ten or less contiguous acres from which there is no means for such mammal to escape, among other things.

1. No person who owns, operates or manages a facility that harbors non-native big game mammals shall knowingly permit:

a. The taking on such premises by any person who pays a fee to take a live non-native big game mammal by any of the following means:

(1) the shooting or spearing of a non-native big game mammal that is tied or hobbled;

(2) the shooting or spearing of a non-native big game mammal that is staked or attached to any object;

(3) the shooting or spearing of a non-native big game mammal that is confined in a box, pen, cage or similar container of ten or less contiguous acres from which there is no means for such mammal to escape;

(4) the deliberate release of a non-native big game mammal that is confined in a box, pen, cage or similar container of ten or less contiguous acres in the presence of any person who is, or will be, shooting or spearing such non-native big game mammal.

b. For purposes of this section:

(1) shooting shall mean the discharge of any type of firearm or bow and arrow; and

(2) spearing shall mean the use of any hand or mechanically propelled single or multiple pronged pike, blade, or harpoon.

2. Nothing contained in this section shall be deemed to prohibit:

a. The lawful taking, hunting or trapping of an animal as provided in this chapter or other law, rule or regulation of the state of New York; or

b. The lawful slaughtering of an animal as provided in the agriculture and markets law of New York state or as permitted by the United States Department of Agriculture; or

c. The killing of an animal that is menacing in a manner likely to cause serious injury or death to human beings.

CREDIT(S)

(Added L.1999, c. 208, § 2, eff. Nov. 1, 1999.)

Bill S4099/A2917

Date Adopted: 2023

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivisions 14, 15 and 16 of section 11-0901 of the environmental 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 to read as follows: 14. It shall be 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 remains of any wildlife killed during the course of a contest, competition, tournament, or derby conducted in violation of this subdivision shall be forfeited by every organizer, promoter, participant or any other person conducting or involved in such contest, competition, tournament, or derby and the remains of such wildlife shall become the property of the department. The provisions of this subdivision shall not apply to: (a) any contest, competition, tournament, or derby with the object of taking or hunting white-tailed deer, turkey, or bear; or (b) special dog training areas or field trials pursuant to sections 11-0925 and 11-0927 of this title, or any similar canine performance events.

§ 2. Section 71-0921 of the environmental conservation law is amended by adding a new subdivision 10-a to read as follows: 10-a. Violations of subdivision fourteen of section 11-0901 of this chapter involving unlawful contests, competitions, tournaments and derbys to take wildlife. Each such violation shall be punishable by a fine of not less than five hundred dollars nor more than two thousand dollars.

§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.