Bill Text: NY S09023 | 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: (Engrossed) 2024-05-30 - referred to environmental conservation [S09023 Detail]

Download: New_York-2023-S09023-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         9023--B

                    IN SENATE

                                     April 10, 2024
                                       ___________

        Introduced  by  Sen. MATTERA -- 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  --  committee  discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13879-07-4
        S. 9023--B                          2

     1  the town of Huntington, authorizing use of a nuisance wildlife  special-
     2  ist to take deer pursuant to the terms of the deer cull permit.
     3    3.  Each  cull  permit application shall at a minimum include require-
     4  ments for: the timeframe during which the permit must be used,  a  site-
     5  specific  deer management plan, a geographic description of the area for
     6  which the permit is being requested, a written contract with the town of
     7  Huntington, a list  which  identifies  participating  nuisance  wildlife
     8  specialists  and  eligibility  based  on the criteria established by the
     9  department, provided by the city of Syracuse, requests for any  authori-
    10  zation pursuant to subdivisions three-a and eleven of section 11-0505 of
    11  this  title,  subdivision  two-a of section 11-0901 of this article, and
    12  subdivisions two-a and  four-a  of  section  11-0931  of  this  article,
    13  provided  that  any  such  authorization  subsequently  granted shall be
    14  explicitly included on any cull permit, and details  regarding  expected
    15  local law enforcement consultation.
    16    4. Nothing in this section shall be construed as requiring or obligat-
    17  ing  the  department  to issue a permit to take deer when in its opinion
    18  the nuisance, destruction of property or threat  to  public  health  and
    19  welfare will not be effectively abated thereby.
    20    §  2. Subdivisions 3, 9 and 10 of section 11-0505 of the environmental
    21  conservation law, subdivision 3 as separately amended  by  chapters  683
    22  and  704  of the laws of 2023, paragraph b of subdivision 3 and subdivi-
    23  sion 9 as amended by chapter 65 of the laws of 2024, and paragraph c  of
    24  subdivision 3 and subdivision 10 as amended by chapter 83 of the laws of
    25  2024, are amended to read as follows:
    26    3. No deer or bear traps shall be made, set or used upon land inhabit-
    27  ed  by  deer  or bear. No salt lick shall be made, set or used upon land
    28  inhabited by deer or bear, except that:
    29    a. the department may do so on state  wildlife  refuges  and  wildlife
    30  management areas; and
    31    b.  a  nuisance  wildlife  specialist with a permit issued pursuant to
    32  [section 11-0522 of] this title may do so provided that such  activities
    33  are in furtherance of the site-specific deer management plan.
    34    [c.  a  nuisance  wildlife specialist with a permit issued pursuant to
    35  section 11-0522-a of this title may do so provided that such  activities
    36  are in furtherance of the site-specific deer management plan.]
    37    9.  A  nuisance  wildlife  specialist with a permit issued pursuant to
    38  [section 11-0522 of] this title may, in accordance with  the  parameters
    39  of  such  permit  and  the consultation of local law enforcement, entice
    40  deer in the manner prohibited  in  subdivision  eight  of  this  section
    41  provided  that  such  activities are in furtherance of the site-specific
    42  deer management plan.
    43    [10. A nuisance wildlife specialist with a permit issued  pursuant  to
    44  section  11-0522-a of] this title may, in accordance with the parameters
    45  of such permit and the consultation of  local  law  enforcement,  entice
    46  deer  in  the  manner  prohibited  in  subdivision eight of this section
    47  provided that such activities are in furtherance  of  the  site-specific
    48  deer management plan.]
    49    § 2-a. Subdivision 3 of section 11-0505 of the environmental conserva-
    50  tion  law, as amended by chapter 135 of the laws of 1982, is amended and
    51  a new subdivision 9 is added to read as follows:
    52    3. No deer or bear traps shall be made, set or used upon land inhabit-
    53  ed by deer or bear. No salt lick shall be made, set or  used  upon  land
    54  inhabited by deer or bear, except that:
    55    a.  the  department  may  do so on state wildlife refuges and wildlife
    56  management areas; and
        S. 9023--B                          3

     1    b. a nuisance wildlife specialist with a  permit  issued  pursuant  to
     2  this title may do so provided that such activities are in furtherance of
     3  the site-specific deer management plan.
     4    9.  A  nuisance  wildlife  specialist with a permit issued pursuant to
     5  this title may, in accordance with the parameters of such permit and the
     6  consultation of local law enforcement, entice deer in the manner prohib-
     7  ited in subdivision eight of this section provided that such  activities
     8  are in furtherance of the site-specific deer management plan.
     9    §  3.  Subdivision 2 of section 11-0901 of the environmental conserva-
    10  tion law, as separately amended by chapters 683 and 704 of the  laws  of
    11  2023,  paragraph  b  as  amended  by chapter 65 of the laws of 2024, and
    12  paragraph c as amended by chapter 83 of the laws of 2024, is amended  to
    13  read as follows:
    14    2. Wildlife shall not be taken on or from any public highway, except:
    15    a.  that in the forest preserve counties it may be taken from highways
    16  other than state, county or town highways; and
    17    b. by a nuisance wildlife specialist with a permit issued pursuant  to
    18  [section  11-0522  of] this article provided that such activities are in
    19  furtherance of the site-specific deer management plan.
    20    [c. by a nuisance wildlife specialist with a permit issued pursuant to
    21  section 11-0522-a of this article provided that such activities  are  in
    22  furtherance of the site-specific deer management plan.]
    23    § 3-a. Subdivision 2 of section 11-0901 of the environmental conserva-
    24  tion law is amended to read as follows:
    25    2. Wildlife shall not be taken on or from any public highway, except:
    26    a.  that in the forest preserve counties it may be taken from highways
    27  other than state, county or town highways; and
    28    b. by a nuisance wildlife specialist with a permit issued pursuant  to
    29  this  article  provided  that  such activities are in furtherance of the
    30  site-specific deer management plan.
    31    § 4. Subdivision 2 and subparagraph 1 of paragraph b of subdivision  4
    32  of  section 11-0931 of the environmental conservation law, as separately
    33  amended by chapters 65 and 83 of the laws of 2024, are amended  to  read
    34  as follows:
    35    2.  a.  No  crossbow  or  firearm except a pistol or revolver shall be
    36  carried or possessed in or on a motor vehicle unless it is uncocked, for
    37  a crossbow or unloaded, for a firearm in both the chamber and the  maga-
    38  zine,  except that a loaded firearm which may be legally used for taking
    39  migratory game birds may be carried or possessed in  a  motorboat  while
    40  being  legally  used  in  hunting migratory game birds, and b. no person
    41  except a law enforcement officer in the performance of [his] their offi-
    42  cial duties or a nuisance  wildlife  specialist  with  a  permit  issued
    43  pursuant to [section 11-0522 of] this article, provided that such activ-
    44  ities  are in furtherance of the site-specific deer management plan, [or
    45  a nuisance wildlife specialist with a permit issued pursuant to  section
    46  11-0522-a of this article, provided that such activities are in further-
    47  ance of the site-specific deer management plan,] shall, while in or on a
    48  motor vehicle, use a jacklight, spotlight or other artificial light upon
    49  lands inhabited by deer if [he or she is] they are in possession or [is]
    50  are  accompanied  by  a person who is in possession, at the time of such
    51  use, of a longbow, crossbow or a firearm of any kind except a pistol  or
    52  revolver, unless such longbow or crossbow is unstrung or such firearm or
    53  crossbow  is  taken down or securely fastened in a case or locked in the
    54  trunk of the vehicle. For purposes of this  subdivision,  motor  vehicle
    55  shall  mean  every  vehicle  or other device operated by any power other
    56  than muscle power, and which shall include but not be limited to automo-
        S. 9023--B                          4

     1  biles, trucks, motorcycles, tractors, trailers and  motorboats,  snowmo-
     2  biles  and  snowtravelers,  whether  operated on or off public highways.
     3  Notwithstanding the provisions of this subdivision, the  department  may
     4  issue  a permit to any person who is non-ambulatory, except with the use
     5  of a mechanized aid, to possess a loaded firearm in or on a motor  vehi-
     6  cle  as  defined  in  this  section, subject to such restrictions as the
     7  department may deem necessary in the interest of public safety.  Nothing
     8  in this section permits the possession of a pistol or a revolver contra-
     9  ry to the penal law.
    10    (1)  The  owner  or  lessee of the dwelling house, or members of [his]
    11  their immediate family actually residing therein, or a person  in  [his]
    12  the  employ of such owner or lessee, or the guest of the owner or lessee
    13  of the dwelling house acting with the consent of said owner  or  lessee,
    14  provided  however, that nothing herein shall be deemed to authorize such
    15  persons to discharge a firearm within five  hundred  feet,  a  long  bow
    16  within  one  hundred  fifty feet, or a crossbow within two hundred fifty
    17  feet of any other dwelling house, or a farm building or  farm  structure
    18  actually  occupied  or  used, or a school building or playground, public
    19  structure, or occupied factory  or  church;  provided  further,  that  a
    20  nuisance  wildlife  specialist with a permit issued pursuant to [section
    21  11-0522 of] this article acting in furtherance of  the  [site  specific]
    22  site-specific  deer  management plan may discharge a firearm within five
    23  hundred feet of any dwelling houses, structures, schools or playgrounds,
    24  provided that the owners or lessees thereof have been notified by certi-
    25  fied mail of the date or dates, and time period of the  expected  activ-
    26  ity,  and  discharge  a  firearm  within  two hundred fifty feet of such
    27  dwelling houses, structures, schools or playgrounds  provided  that  all
    28  the  owners  or lessees thereof have provided written consent[; provided
    29  further, that a nuisance wildlife specialist with a permit issued pursu-
    30  ant to section 11-0522-a of this article acting in  furtherance  of  the
    31  site-specific  deer  management plan may discharge a firearm within five
    32  hundred feet of any dwelling houses, structures, schools or playgrounds,
    33  provided that the owners or lessees thereof have been notified by certi-
    34  fied mail of the date or dates and time period of the expected activity,
    35  and discharge a firearm within two hundred fifty feet of  such  dwelling
    36  houses,  structures, schools or playgrounds provided that all the owners
    37  or lessees thereof have provided written consent];
    38    § 4-a. Subdivision 2 and subparagraph 1 of paragraph b of  subdivision
    39  4  of  section 11-0931 of the environmental conservation law, as amended
    40  by section 8 of part EE of chapter 55 of the laws of 2014,  are  amended
    41  to read as follows:
    42    2.  a.  No  crossbow  or  firearm except a pistol or revolver shall be
    43  carried or possessed in or on a motor vehicle unless it is uncocked, for
    44  a crossbow or unloaded, for a firearm in both the chamber and the  maga-
    45  zine,  except that a loaded firearm which may be legally used for taking
    46  migratory game birds may be carried or possessed in  a  motorboat  while
    47  being  legally  used  in  hunting migratory game birds, and b. no person
    48  except a law enforcement officer in the performance of [his] their offi-
    49  cial duties or a nuisance  wildlife  specialist  with  a  permit  issued
    50  pursuant  to this article, provided that such activities are in further-
    51  ance of the site-specific deer management plan, shall, while in or on  a
    52  motor vehicle, use a jacklight, spotlight or other artificial light upon
    53  lands  inhabited  by deer if [he or she is] they are in possession or is
    54  accompanied by a person who is in possession, at the time of  such  use,
    55  of  a  longbow,  crossbow  or  a  firearm of any kind except a pistol or
    56  revolver, unless such longbow or crossbow is unstrung or such firearm or
        S. 9023--B                          5

     1  crossbow is taken down or securely fastened in a case or locked  in  the
     2  trunk  of  the  vehicle. For purposes of this subdivision, motor vehicle
     3  shall mean every vehicle or other device operated  by  any  power  other
     4  than muscle power, and which shall include but not be limited to automo-
     5  biles,  trucks,  motorcycles, tractors, trailers and motorboats, snowmo-
     6  biles and snowtravelers, whether operated on  or  off  public  highways.
     7  Notwithstanding  the  provisions of this subdivision, the department may
     8  issue a permit to any person who is non-ambulatory, except with the  use
     9  of  a mechanized aid, to possess a loaded firearm in or on a motor vehi-
    10  cle as defined in this section, subject  to  such  restrictions  as  the
    11  department  may deem necessary in the interest of public safety. Nothing
    12  in this section permits the possession of a pistol or a revolver contra-
    13  ry to the penal law.
    14    (1) The owner or lessee of the dwelling house,  or  members  of  [his]
    15  their  immediate  family actually residing therein, or a person in [his]
    16  the employ, or the guest of the owner or lessee of  the  dwelling  house
    17  acting  with the consent of said owner or lessee, provided however, that
    18  nothing herein shall be deemed to authorize such persons to discharge  a
    19  firearm  within  five  hundred feet, a long bow within one hundred fifty
    20  feet, or a crossbow within two hundred fifty feet of any other  dwelling
    21  house,  or  a farm building or farm structure actually occupied or used,
    22  or a school building or playground, public structure, or occupied facto-
    23  ry or church; provided further, that a nuisance wildlife specialist with
    24  a permit issued pursuant to this article acting in  furtherance  of  the
    25  site-specific  deer  management plan may discharge a firearm within five
    26  hundred feet of any dwelling houses, structures, schools or playgrounds,
    27  provided that the owners or lessees thereof have been notified by certi-
    28  fied mail of the date or dates and time period of the expected activity,
    29  and discharge a firearm within two hundred fifty feet of  such  dwelling
    30  houses,  structures, schools or playgrounds provided that all the owners
    31  or lessees thereof have provided written consent;
    32    § 5. The department of environmental conservation, following consulta-
    33  tion with the town of Huntington shall prepare a  report  examining  the
    34  effectiveness  of  the  town of Huntington deer management pilot program
    35  established pursuant to section 11-0522-b of the environmental conserva-
    36  tion law in addressing deer  overpopulation  and  the  effectiveness  in
    37  addressing  destruction  to  public  or  private property in the town of
    38  Huntington. The report shall include the number of cull permits  issued,
    39  and  the number of deer taken. The report shall also include recommenda-
    40  tions for program improvements, including the potential effectiveness of
    41  authorizing future programs. The report shall be delivered to the gover-
    42  nor, the speaker of the assembly and  the  temporary  president  of  the
    43  senate,  as  well  as  published  on the department's public website, no
    44  later than thirty months after the effective date of this act.
    45    § 6. This act shall take effect on the first of January next  succeed-
    46  ing  the  date  on which it shall have become a law and sections one and
    47  five shall expire and be deemed repealed three years  after  such  date;
    48  provided  further, however, that the amendments to subdivisions 3, 9 and
    49  10 of section 11-0505 of the  environmental  conservation  law  made  by
    50  section  two  of this act, subdivision 2 of section 11-0901 of the envi-
    51  ronmental conservation law made by section three of this act and  subdi-
    52  vision  2  and subparagraph 1 of paragraph b of subdivision 4 of section
    53  11-0931 of the environmental conservation law made by  section  four  of
    54  this  act shall be subject to the expiration and reversion or repeal, as
    55  applicable, of such subdivisions and such paragraph pursuant to  section
    56  6  of  chapters  683  and 704 of the laws of 2023, as amended, when upon
        S. 9023--B                          6

     1  such date the provisions of sections two-a, three-a, and four-a of  this
     2  act shall take effect.