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