New York State Conservation Council

8 East Main Street, Ilion, NY 13357-1899



April 2004

Memo in Opposition


Bill Number         A10188                                           Sponsor:              Stringer

                               S6466                                                                                  PADAVAN


Title of Bill AN ACT to amend the environmental conservation law, in relation to extending the prohibition of canned shoots of non-native big game mammals


SUMMARY OF SPECIFIC PROVISIONS: prohibit the hunting of certain species 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; or of any non-native big game mammal, excluding the white-tailed deer propagated under a domestic game animal breeder's license pursuant to section 11-1905 of this title or propagated on a preserve or island outside the state under a law similar in principle to that of this title in a fenced or other area from which there is no means for such mammal to escape;

Reasons for Supporting

8     The New York State Conservation Council believes this bill would prohibit hunting preserves of any size to continue to do business in New York State.

8      In addition, enactment of this legislation will not save the lives of any animals currently in fenced-in areas and could cause serious ecological harm if the fenced-in animals are released into New York State’s environment.

8      The proponents of this legislation represent a wide variety of “animal rights” organizations that are opposed to all hunting and believe that hunting is an act that cannot be justified. The purpose of the bill is to ban hunting on preserves as a first step to banning all hunting. The movement for passage of this legislation is a nationwide assault on rural values, and efforts to legislate reasonable compromises are torn asunder by the radical advocates as soon as bills are signed into law.

8      Neither the DEC nor the Legislature have conducted public hearings or investigations that show the necessity for this drastic change in current law. No assessment has been done of the protective nature of current law to determine if existing restrictions are insufficient or unworkable and if additional restrictions are warranted.

8      The New York State Conservation Council supports public and private hunting in New York State within the ethical and legal conditions determined by the individual and the laws of this State. Hunters have agreed to laws that limit how, when, where and what they can hunt for the last 100 years, and wild game have generally increased in numbers as part of these restrictions. The Conservation Council supports total bans on hunting of threatened or endangered species.

8      The central issue that requires opposition rests on the assumption that hunting within a fenced area of any size violates the ethical concept of fair chase. The Conservation Council supported the original chapter because it was clear and enforceable that animals, which are tied, staked, caged, or penned in areas of ten acres or less, had no means of escape and that this did not constitute fair chase.


For Further Information Contact:

Wally John, NYSCC Executive Chairman Legislative Policy & Affairs

845/657-8839 518/426-8232 Albany Office