Bill Text: NY S04057 | 2019-2020 | General Assembly | Amended

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Bill Title: Relates to cull permits authorizing the taking of certain wildlife by certified nuisance wildlife specialists.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-06 - PRINT NUMBER 4057A [S04057 Detail]

Download: New_York-2019-S04057-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         4057--A
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 26, 2019
                                       ___________
        Introduced by Sen. ANTONACCI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee
        AN ACT to amend the environmental conservation law, in relation to  cull
          permits  authorizing  the  taking  of  certain  wildlife  by certified
          nuisance wildlife specialists
          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 to read as follows:
     3  § 11-0522. Cull permits authorizing the taking of  certain  wildlife  by
     4               certified nuisance wildlife specialists.
     5    1.  For  the  purposes  of  this section, "certified nuisance wildlife
     6  specialist" shall mean an employee of the federal or state government or
     7  any city, town, village or county, public or private college or  univer-
     8  sity,  or  an  airport  as  defined  in  subdivision five of section two
     9  hundred forty of the general  business  law,  responsible  for  wildlife
    10  management,  or  an  individual acting pursuant to a wildlife management
    11  plan, who meets the criteria established by the department,  that  at  a
    12  minimum require:
    13    a.  a  minimum  level of marksmanship certification, including ongoing
    14  certification; and
    15    b. liability insurance coverage levels or other financial arrangements
    16  approved by the department.
    17    2. The department may, after reviewing the wildlife  management  plan,
    18  and  upon  a finding that wildlife has become a nuisance, destructive to
    19  public or private property or a  threat  to  public  health,  safety  or
    20  welfare,  issue  a cull permit to any person authorizing use of a certi-
    21  fied nuisance wildlife specialist to take wildlife.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04962-03-9
        S. 4057--A                          2
     1    3. Notwithstanding subdivisions three and eight of section 11-0505 and
     2  subdivision one of 11-0521 of this title, paragraph a of subdivision one
     3  and subdivisions two, four and five of section 11-0931 of this  article,
     4  such  cull  permit  authorizing  the  taking  of wildlife by a certified
     5  nuisance wildlife specialist shall, at minimum, specify:
     6    a. the timeframe during which the permit must be used;
     7    b.  the  geographical  description of the area for which the permit is
     8  authorized;
     9    c. the species authorized to be taken;
    10    d. the methods of taking wildlife permitted to be used; and
    11    e. reporting requirements.
    12    4. Nothing in this section shall be construed as requiring or obligat-
    13  ing the department to issue a permit to  take  wildlife  or  direct  the
    14  taking of any wildlife when in its opinion, the nuisance, destruction of
    15  property  or  threat  to  public  health,  safety or welfare will not be
    16  effectively abated thereby.
    17    § 2. This act shall take effect on the ninetieth day  after  it  shall
    18  have  become a law. Effective immediately the addition, amendment and/or
    19  repeal of any rule or regulation necessary  for  the  implementation  of
    20  this  act  on its effective date are authorized to be made and completed
    21  on or before such effective date.