Bill Text: NY A09674 | 2023-2024 | General Assembly | Amended

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Bill Title: Establishes a town of Huntington deer management pilot program.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-06-20 - print number 9674b [A09674 Detail]

Download: New_York-2023-A09674-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         9674--B

                   IN ASSEMBLY

                                      April 3, 2024
                                       ___________

        Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
          tee  on  Environmental  Conservation  --  committee  discharged,  bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  again  reported  from said committee with amendments, ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          establishing  a  town of Huntington deer management pilot program; and
          providing for the repeal of certain provisions upon expiration thereof

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

     1    Section  1.  The environmental conservation law is amended by adding a
     2  new section 11-0522-b to read as follows:
     3  § 11-0522-b. Town of Huntington deer management pilot program.
     4    1. For the purposes of this section,  "nuisance  wildlife  specialist"
     5  shall  mean  an  employee  of  or  a contractor for the federal or state
     6  government responsible for wildlife management acting pursuant to a deer
     7  management plan and deer cull permit.  A  nuisance  wildlife  specialist
     8  must  be  in compliance with criteria established by the department that
     9  at a minimum shall require:
    10    a. a minimum level of marksmanship qualifications appropriate  to  the
    11  firearm or hunting implement to be used;
    12    b.  liability insurance coverage or other financial arrangements iden-
    13  tified by the department;
    14    c. a copy of the cull permit and a copy of the log of  nuisance  wild-
    15  life  specialists using the permit, be on the nuisance wildlife special-
    16  ist's person when exercising any privilege of such permit; and
    17    d. reporting requirements.
    18    2. The department may, after reviewing the town of  Huntington's  cull
    19  permit  application  and  site-specific deer management plan, and upon a
    20  finding by the town of Huntington that  deer  have  become  a  nuisance,
    21  destructive  to  public or private property or a threat to public health
    22  or welfare, issue a deer cull permit for use within  the  boundaries  of
    23  the  town of Huntington, authorizing use of a nuisance wildlife special-
    24  ist to take deer pursuant to the terms of the deer cull permit.
    25    3. Each cull permit application shall at a  minimum  include  require-
    26  ments  for:  the timeframe during which the permit must be used, a site-
    27  specific deer management plan, a geographic description of the area  for

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13879-09-4
        A. 9674--B                          2

     1  which the permit is being requested, a written contract with the town of
     2  Huntington,  a  list  which  identifies  participating nuisance wildlife
     3  specialists and eligibility based on the  criteria  established  by  the
     4  department, provided by the Town of Huntington, requests for any author-
     5  ization  pursuant  to subdivisions three-a and eleven of section 11-0505
     6  of this title, subdivision two-a of section 11-0901 of this article, and
     7  subdivisions two-a and  four-a  of  section  11-0931  of  this  article,
     8  provided  that  any  such  authorization  subsequently  granted shall be
     9  explicitly included on any cull permit, and details  regarding  expected
    10  local law enforcement consultation.
    11    4. Nothing in this section shall be construed as requiring or obligat-
    12  ing  the  department  to issue a permit to take deer when in its opinion
    13  the nuisance, destruction of property or threat  to  public  health  and
    14  welfare will not be effectively abated thereby.
    15    §  2. Subdivisions 3, 9 and 10 of section 11-0505 of the environmental
    16  conservation law, subdivision 3 as separately amended  by  chapters  683
    17  and  704  of the laws of 2023, paragraph b of subdivision 3 and subdivi-
    18  sion 9 as amended by chapter 65 of the laws of 2024, and paragraph c  of
    19  subdivision 3 and subdivision 10 as amended by chapter 83 of the laws of
    20  2024, are amended to read as follows:
    21    3. No deer or bear traps shall be made, set or used upon land inhabit-
    22  ed  by  deer  or bear. No salt lick shall be made, set or used upon land
    23  inhabited by deer or bear, except that:
    24    a. the department may do so on state  wildlife  refuges  and  wildlife
    25  management areas; and
    26    b.  a  nuisance  wildlife  specialist with a permit issued pursuant to
    27  [section 11-0522 of] this title may do so provided that such  activities
    28  are in furtherance of the site-specific deer management plan.
    29    [c.  a  nuisance  wildlife specialist with a permit issued pursuant to
    30  section 11-0522-a of this title may do so provided that such  activities
    31  are in furtherance of the site-specific deer management plan.]
    32    9.  A  nuisance  wildlife  specialist with a permit issued pursuant to
    33  [section 11-0522 of] this title may, in accordance with  the  parameters
    34  of  such  permit  and  the consultation of local law enforcement, entice
    35  deer in the manner prohibited  in  subdivision  eight  of  this  section
    36  provided  that  such  activities are in furtherance of the site-specific
    37  deer management plan.
    38    [10. A nuisance wildlife specialist with a permit issued  pursuant  to
    39  section  11-0522-a of] this title may, in accordance with the parameters
    40  of such permit and the consultation of  local  law  enforcement,  entice
    41  deer  in  the  manner  prohibited  in  subdivision eight of this section
    42  provided that such activities are in furtherance  of  the  site-specific
    43  deer management plan.]
    44    § 2-a. Subdivision 3 of section 11-0505 of the environmental conserva-
    45  tion  law, as amended by chapter 135 of the laws of 1982, is amended and
    46  a new subdivision 9 is added to read as follows:
    47    3. No deer or bear traps shall be made, set or used upon land inhabit-
    48  ed by deer or bear. No salt lick shall be made, set or  used  upon  land
    49  inhabited by deer or bear, except that:
    50    a.  the  department  may  do so on state wildlife refuges and wildlife
    51  management areas; and
    52    b. a nuisance wildlife specialist with a  permit  issued  pursuant  to
    53  this title may do so provided that such activities are in furtherance of
    54  the site-specific deer management plan.
    55    9.  A  nuisance  wildlife  specialist with a permit issued pursuant to
    56  this title may, in accordance with the parameters of such permit and the
        A. 9674--B                          3

     1  consultation of local law enforcement, entice deer in the manner prohib-
     2  ited in subdivision eight of this section provided that such  activities
     3  are in furtherance of the site-specific deer management plan.
     4    §  3.  Subdivision 2 of section 11-0901 of the environmental conserva-
     5  tion law, as separately amended by chapters 683 and 704 of the  laws  of
     6  2023,  paragraph  b  as  amended  by chapter 65 of the laws of 2024, and
     7  paragraph c as amended by chapter 83 of the laws of 2024, is amended  to
     8  read as follows:
     9    2. Wildlife shall not be taken on or from any public highway, except:
    10    a.  that in the forest preserve counties it may be taken from highways
    11  other than state, county or town highways; and
    12    b. by a nuisance wildlife specialist with a permit issued pursuant  to
    13  [section  11-0522  of] this article provided that such activities are in
    14  furtherance of the site-specific deer management plan.
    15    [c. by a nuisance wildlife specialist with a permit issued pursuant to
    16  section 11-0522-a of this article provided that such activities  are  in
    17  furtherance of the site-specific deer management plan.]
    18    § 3-a. Subdivision 2 of section 11-0901 of the environmental conserva-
    19  tion law is amended to read as follows:
    20    2. Wildlife shall not be taken on or from any public highway, except:
    21    a.  that in the forest preserve counties it may be taken from highways
    22  other than state, county or town highways; and
    23    b. by a nuisance wildlife specialist with a permit issued pursuant  to
    24  this  article  provided  that  such activities are in furtherance of the
    25  site-specific deer management plan.
    26    § 4. Subdivision 2 and subparagraph 1 of paragraph b of subdivision  4
    27  of  section 11-0931 of the environmental conservation law, as separately
    28  amended by chapters 65 and 83 of the laws of 2024, are amended  to  read
    29  as follows:
    30    2.  a.  No  crossbow  or  firearm except a pistol or revolver shall be
    31  carried or possessed in or on a motor vehicle unless it is uncocked, for
    32  a crossbow or unloaded, for a firearm in both the chamber and the  maga-
    33  zine,  except that a loaded firearm which may be legally used for taking
    34  migratory game birds may be carried or possessed in  a  motorboat  while
    35  being  legally  used  in  hunting migratory game birds, and b. no person
    36  except a law enforcement officer in the performance of [his] their offi-
    37  cial duties or a nuisance  wildlife  specialist  with  a  permit  issued
    38  pursuant to [section 11-0522 of] this article, provided that such activ-
    39  ities  are in furtherance of the site-specific deer management plan, [or
    40  a nuisance wildlife specialist with a permit issued pursuant to  section
    41  11-0522-a of this article, provided that such activities are in further-
    42  ance of the site-specific deer management plan,] shall, while in or on a
    43  motor vehicle, use a jacklight, spotlight or other artificial light upon
    44  lands inhabited by deer if [he or she is] they are in possession or [is]
    45  are  accompanied  by  a person who is in possession, at the time of such
    46  use, of a longbow, crossbow or a firearm of any kind except a pistol  or
    47  revolver, unless such longbow or crossbow is unstrung or such firearm or
    48  crossbow  is  taken down or securely fastened in a case or locked in the
    49  trunk of the vehicle. For purposes of this  subdivision,  motor  vehicle
    50  shall  mean  every  vehicle  or other device operated by any power other
    51  than muscle power, and which shall include but not be limited to automo-
    52  biles, trucks, motorcycles, tractors, trailers and  motorboats,  snowmo-
    53  biles  and  snowtravelers,  whether  operated on or off public highways.
    54  Notwithstanding the provisions of this subdivision, the  department  may
    55  issue  a permit to any person who is non-ambulatory, except with the use
    56  of a mechanized aid, to possess a loaded firearm in or on a motor  vehi-
        A. 9674--B                          4

     1  cle  as  defined  in  this  section, subject to such restrictions as the
     2  department may deem necessary in the interest of public safety.  Nothing
     3  in this section permits the possession of a pistol or a revolver contra-
     4  ry to the penal law.
     5    (1)  The  owner  or  lessee of the dwelling house, or members of [his]
     6  their immediate family actually residing therein, or a person  in  [his]
     7  the  employ of such owner or lessee, or the guest of the owner or lessee
     8  of the dwelling house acting with the consent of said owner  or  lessee,
     9  provided  however, that nothing herein shall be deemed to authorize such
    10  persons to discharge a firearm within five  hundred  feet,  a  long  bow
    11  within  one  hundred  fifty feet, or a crossbow within two hundred fifty
    12  feet of any other dwelling house, or a farm building or  farm  structure
    13  actually  occupied  or  used, or a school building or playground, public
    14  structure, or occupied factory  or  church;  provided  further,  that  a
    15  nuisance  wildlife  specialist with a permit issued pursuant to [section
    16  11-0522 of] this article acting in furtherance of  the  [site  specific]
    17  site-specific  deer  management plan may discharge a firearm within five
    18  hundred feet of any dwelling houses, structures, schools or playgrounds,
    19  provided that the owners or lessees thereof have been notified by certi-
    20  fied mail of the date or dates, and time period of the  expected  activ-
    21  ity,  and  discharge  a  firearm  within  two hundred fifty feet of such
    22  dwelling houses, structures, schools or playgrounds  provided  that  all
    23  the  owners  or lessees thereof have provided written consent[; provided
    24  further, that a nuisance wildlife specialist with a permit issued pursu-
    25  ant to section 11-0522-a of this article acting in  furtherance  of  the
    26  site-specific  deer  management plan may discharge a firearm within five
    27  hundred feet of any dwelling houses, structures, schools or playgrounds,
    28  provided that the owners or lessees thereof have been notified by certi-
    29  fied mail of the date or dates and time period of the expected activity,
    30  and discharge a firearm within two hundred fifty feet of  such  dwelling
    31  houses,  structures, schools or playgrounds provided that all the owners
    32  or lessees thereof have provided written consent];
    33    § 4-a. Subdivision 2 and subparagraph 1 of paragraph b of  subdivision
    34  4  of  section 11-0931 of the environmental conservation law, as amended
    35  by section 8 of part EE of chapter 55 of the laws of 2014,  are  amended
    36  to read as follows:
    37    2.  a.  No  crossbow  or  firearm except a pistol or revolver shall be
    38  carried or possessed in or on a motor vehicle unless it is uncocked, for
    39  a crossbow or unloaded, for a firearm in both the chamber and the  maga-
    40  zine,  except that a loaded firearm which may be legally used for taking
    41  migratory game birds may be carried or possessed in  a  motorboat  while
    42  being  legally  used  in  hunting migratory game birds, and b. no person
    43  except a law enforcement officer in the performance of [his] their offi-
    44  cial duties or a nuisance  wildlife  specialist  with  a  permit  issued
    45  pursuant  to this article, provided that such activities are in further-
    46  ance of the site-specific deer management plan, shall, while in or on  a
    47  motor vehicle, use a jacklight, spotlight or other artificial light upon
    48  lands  inhabited  by deer if [he or she is] they are in possession or is
    49  accompanied by a person who is in possession, at the time of  such  use,
    50  of  a  longbow,  crossbow  or  a  firearm of any kind except a pistol or
    51  revolver, unless such longbow or crossbow is unstrung or such firearm or
    52  crossbow is taken down or securely fastened in a case or locked  in  the
    53  trunk  of  the  vehicle. For purposes of this subdivision, motor vehicle
    54  shall mean every vehicle or other device operated  by  any  power  other
    55  than muscle power, and which shall include but not be limited to automo-
    56  biles,  trucks,  motorcycles, tractors, trailers and motorboats, snowmo-
        A. 9674--B                          5

     1  biles and snowtravelers, whether operated on  or  off  public  highways.
     2  Notwithstanding  the  provisions of this subdivision, the department may
     3  issue a permit to any person who is non-ambulatory, except with the  use
     4  of  a mechanized aid, to possess a loaded firearm in or on a motor vehi-
     5  cle as defined in this section, subject  to  such  restrictions  as  the
     6  department  may deem necessary in the interest of public safety. Nothing
     7  in this section permits the possession of a pistol or a revolver contra-
     8  ry to the penal law.
     9    (1) The owner or lessee of the dwelling house,  or  members  of  [his]
    10  their  immediate  family actually residing therein, or a person in [his]
    11  the employ of such owner or lessee, or the guest of the owner or  lessee
    12  of  the  dwelling house acting with the consent of said owner or lessee,
    13  provided however, that nothing herein shall be deemed to authorize  such
    14  persons  to  discharge  a  firearm  within five hundred feet, a long bow
    15  within one hundred fifty feet, or a crossbow within  two  hundred  fifty
    16  feet  of  any other dwelling house, or a farm building or farm structure
    17  actually occupied or used, or a school building  or  playground,  public
    18  structure,  or  occupied  factory  or  church;  provided further, that a
    19  nuisance wildlife specialist with a permit issued pursuant to this arti-
    20  cle acting in furtherance of the site-specific deer management plan  may
    21  discharge  a  firearm  within  five hundred feet of any dwelling houses,
    22  structures, schools or playgrounds, provided that the owners or  lessees
    23  thereof  have  been  notified by certified mail of the date or dates and
    24  time period of the expected activity, and discharge a firearm within two
    25  hundred fifty feet of such dwelling houses, structures, schools or play-
    26  grounds provided that all the owners or lessees  thereof  have  provided
    27  written consent;
    28    § 5. The department of environmental conservation, following consulta-
    29  tion  with  the  town of Huntington shall prepare a report examining the
    30  effectiveness of the town of Huntington deer  management  pilot  program
    31  established pursuant to section 11-0522-b of the environmental conserva-
    32  tion  law  in  addressing  deer  overpopulation and the effectiveness in
    33  addressing destruction to public or private  property  in  the  town  of
    34  Huntington.  The report shall include the number of cull permits issued,
    35  and the number of deer taken. The report shall also include  recommenda-
    36  tions for program improvements, including the potential effectiveness of
    37  authorizing future programs. The report shall be delivered to the gover-
    38  nor,  the  speaker  of  the  assembly and the temporary president of the
    39  senate, as well as published on  the  department's  public  website,  no
    40  later than thirty months after the effective date of this act.
    41    §  6. This act shall take effect on the first of January next succeed-
    42  ing the date on which it shall have become a law and  sections  one  and
    43  five  shall  expire  and be deemed repealed three years after such date;
    44  provided further, however, that the amendments to subdivisions 3, 9  and
    45  10  of  section  11-0505  of  the environmental conservation law made by
    46  section two of this act, subdivision 2 of section 11-0901 of  the  envi-
    47  ronmental  conservation law made by section three of this act and subdi-
    48  vision 2 and subparagraph 1 of paragraph b of subdivision 4  of  section
    49  11-0931  of  the  environmental conservation law made by section four of
    50  this act shall be subject to the expiration and reversion or repeal,  as
    51  applicable,  of such subdivisions and such paragraph pursuant to section
    52  6 of chapters 683 and 704 of the laws of 2023,  as  amended,  when  upon
    53  such  date the provisions of sections two-a, three-a, and four-a of this
    54  act shall take effect.