S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3426
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 1, 2013
                                      ___________
       Introduced by Sens. KRUEGER, AVELLA, BRESLIN, DILAN, SAVINO, STAVISKY --
         read  twice  and  ordered printed, and when printed to be committed to
         the Committee on Environmental Conservation
       AN ACT to amend the environmental conservation law, in relation  to  the
         prohibition on canned shoots
         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  11-1904  of  the  environmental
    2  conservation  law,  as  added  by  chapter  208  of the laws of 1999, is
    3  amended to read as follows:
    4    1. No person who owns, operates or manages  a  facility  that  harbors
    5  non-native big game mammals shall knowingly permit:
    6    a.  The  taking on such premises by any person who pays [a] ANY fee to
    7  take a live non-native big game mammal by any of the following means:
    8    (1) the shooting or spearing of a non-native big game mammal  that  is
    9  tied or hobbled;
   10    (2)  the  shooting or spearing of a non-native big game mammal that is
   11  staked or attached to any object;
   12    (3) the shooting or spearing of a non-native big game mammal  that  is
   13  confined  in  a  box,  pen,  cage  or  similar container [of ten or less
   14  contiguous acres] OR IN A FENCED OR OTHER AREA from which  there  is  no
   15  means for such mammal to escape;
   16    (4)  the  deliberate  release  of a non-native big game mammal that is
   17  confined in a box, pen, cage  or  similar  container  [of  ten  or  less
   18  contiguous  acres]  OR  IN A FENCED OR OTHER AREA FROM WHICH THERE IS NO
   19  MEANS FOR SUCH MAMMAL TO ESCAPE in the presence of any person who is, or
   20  will be, shooting or spearing such non-native big game mammal.
   21    b. For purposes of this section:
   22    (1) shooting shall mean the discharge of any type of  firearm  or  bow
   23  and arrow; [and]
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01231-01-3
       S. 3426                             2
    1    (2)  spearing shall mean the use of any hand or mechanically propelled
    2  single or multiple pronged pike, blade, or harpoon; AND
    3    (3)  FEE  SHALL  INCLUDE,  BUT  NOT  BE LIMITED TO, THE PAYMENT OF ANY
    4  COMPENSATION OR REMUNERATION FOR ROOM,  BOARD,  MEALS,  LODGING  OR  ANY
    5  OTHER GOODS OR SERVICES ON THE PREMISES.
    6    S 2. This act shall take effect on the first of November next succeed-
    7  ing the date on which it shall have become a law.