Bill Text: NY S09828 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Establishes a county of Nassau deer management pilot program; requires a report; makes related provisions.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-06-04 - PRINT NUMBER 9828A [S09828 Detail]

Download: New_York-2023-S09828-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9828

                    IN SENATE

                                      June 3, 2024
                                       ___________

        Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          establishing  a  county  of  Nassau  deer management pilot program; to
          repeal subdivision 10 of section 11-0505 of the environmental  conser-
          vation  law  relating thereto; 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. County of Nassau 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  county  of  Nassau's  cull
    19  permit  application  and  site-specific deer management plan, and upon a
    20  finding by the county of  Nassau  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  county of Nassau, authorizing use of a nuisance wildlife specialist
    24  to take deer pursuant to the terms of the deer cull permit.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15834-01-4
        S. 9828                             2

     1    3. Each cull permit application shall at a  minimum  include  require-
     2  ments  for:  the timeframe during which the permit must be used, a site-
     3  specific deer management plan, a geographic description of the area  for
     4  which  the permit is being requested, a written contract with the county
     5  of  Nassau,  a  list  which  identifies  participating nuisance wildlife
     6  specialists and eligibility based on the  criteria  established  by  the
     7  department,  provided by the city of Syracuse, requests for any authori-
     8  zation pursuant to subdivisions three-a and eleven of section 11-0505 of
     9  this title, subdivision two-a of section 11-0901 of  this  article,  and
    10  subdivisions  two-a  and  four-a  of  section  11-0931  of this article,
    11  provided that any  such  authorization  subsequently  granted  shall  be
    12  explicitly  included  on any cull permit, and details regarding expected
    13  local law enforcement consultation.
    14    4. Nothing in this section shall be construed as requiring or obligat-
    15  ing the department to issue a permit to take deer when  in  its  opinion
    16  the  nuisance,  destruction  of  property or threat to public health and
    17  welfare will not be effectively abated thereby.
    18    § 2. Subdivisions 3 and 9 of  section  11-0505  of  the  environmental
    19  conservation  law,  subdivision  3 as separately amended by chapters 683
    20  and 704 of the laws of 2023, paragraph b of subdivision 3  and  subdivi-
    21  sion  9 as amended by chapter 65 of the laws of 2024, and paragraph c of
    22  subdivision 3 as amended by chapter 83 of the laws of 2024, are  amended
    23  to read as follows:
    24    3. No deer or bear traps shall be made, set or used upon land inhabit-
    25  ed  by  deer  or bear. No salt lick shall be made, set or used upon land
    26  inhabited by deer or bear, except that:
    27    a. the department may do so on state  wildlife  refuges  and  wildlife
    28  management areas; and
    29    b.  a  nuisance  wildlife  specialist with a permit issued pursuant to
    30  [section 11-0522 of] this title may do so provided that such  activities
    31  are in furtherance of the site-specific deer management plan.
    32    [c.  a  nuisance  wildlife specialist with a permit issued pursuant to
    33  section 11-0522-a of this title may do so provided that such  activities
    34  are in furtherance of the site-specific deer management plan.]
    35    9.  A  nuisance  wildlife  specialist with a permit issued pursuant to
    36  [section 11-0522 of] this title may, in accordance with  the  parameters
    37  of  such  permit  and  the consultation of local law enforcement, entice
    38  deer in the manner prohibited  in  subdivision  eight  of  this  section
    39  provided  that  such  activities are in furtherance of the site-specific
    40  deer management plan.
    41    § 3.  Subdivision 10 of section 11-0505 of the environmental conserva-
    42  tion law is REPEALED.
    43    § 4. Subdivision 3 of section 11-0505 of the  environmental  conserva-
    44  tion  law, as amended by chapter 135 of the laws of 1982, is amended and
    45  a new subdivision 9 is added to read as follows:
    46    3. No deer or bear traps shall be made, set or used upon land inhabit-
    47  ed by deer or bear. No salt lick shall be made, set or  used  upon  land
    48  inhabited by deer or bear, except that:
    49    a.  the  department  may  do so on state wildlife refuges and wildlife
    50  management areas; and
    51    b. a nuisance wildlife specialist with a  permit  issued  pursuant  to
    52  this title may do so provided that such activities are in furtherance of
    53  the site-specific deer management plan.
    54    9.  A  nuisance  wildlife  specialist with a permit issued pursuant to
    55  this title may, in accordance with the parameters of such permit and the
    56  consultation of local law enforcement, entice deer in the manner prohib-
        S. 9828                             3

     1  ited in subdivision eight of this section provided that such  activities
     2  are in furtherance of the site-specific deer management plan.
     3    §  5.  Subdivision 2 of section 11-0901 of the environmental conserva-
     4  tion law, as separately amended by chapters 683 and 704 of the  laws  of
     5  2023,  paragraph  b  as  amended  by chapter 65 of the laws of 2024, and
     6  paragraph c as amended by chapter 83 of the laws of 2024, is amended  to
     7  read as follows:
     8    2. Wildlife shall not be taken on or from any public highway, except:
     9    a.  that in the forest preserve counties it may be taken from highways
    10  other than state, county or town highways; and
    11    b. by a nuisance wildlife specialist with a permit issued pursuant  to
    12  [section  11-0522  of] this article provided that such activities are in
    13  furtherance of the site-specific deer management plan.
    14    [c. by a nuisance wildlife specialist with a permit issued pursuant to
    15  section 11-0522-a of this article provided that such activities  are  in
    16  furtherance of the site-specific deer management plan.]
    17    §  6.  Subdivision 2 of section 11-0901 of the environmental conserva-
    18  tion law is amended to read as follows:
    19    2. Wildlife shall not be taken on or from any public highway, except:
    20    a. that in the forest preserve counties it may be taken from  highways
    21  other than state, county or town highways; and
    22    b.  by a nuisance wildlife specialist with a permit issued pursuant to
    23  this article provided that such activities are  in  furtherance  of  the
    24  site-specific deer management plan.
    25    §  7. Subdivision 2 and subparagraph 1 of paragraph b of subdivision 4
    26  of section 11-0931 of the environmental conservation law, as  separately
    27  amended  by  chapters 65 and 83 of the laws of 2024, are amended to read
    28  as follows:
    29    2. a. No crossbow or firearm except a  pistol  or  revolver  shall  be
    30  carried or possessed in or on a motor vehicle unless it is uncocked, for
    31  a  crossbow or unloaded, for a firearm in both the chamber and the maga-
    32  zine, except that a loaded firearm which may be legally used for  taking
    33  migratory  game  birds  may be carried or possessed in a motorboat while
    34  being legally used in hunting migratory game birds,  and  b.  no  person
    35  except  a  law  enforcement officer in the performance of [his] such law
    36  enforcement officer's official duties or a nuisance wildlife  specialist
    37  with  a  permit  issued  pursuant  to [section 11-0522 of] this article,
    38  provided that such activities are in furtherance  of  the  site-specific
    39  deer  management  plan, [or a nuisance wildlife specialist with a permit
    40  issued pursuant to section 11-0522-a of this article, provided that such
    41  activities are in  furtherance  of  the  site-specific  deer  management
    42  plan,] shall, while in or on a motor vehicle, use a jacklight, spotlight
    43  or other artificial light upon lands inhabited by deer if [he or she is]
    44  such  law  enforcement  officer  or  nuisance wildlife specialist are in
    45  possession or [is] are accompanied by a person who is in possession,  at
    46  the  time  of  such use, of a longbow, crossbow or a firearm of any kind
    47  except a pistol or revolver, unless such longbow or crossbow is unstrung
    48  or such firearm or crossbow is taken down or securely fastened in a case
    49  or locked in the trunk of the vehicle. For purposes of this subdivision,
    50  motor vehicle shall mean every vehicle or other device operated  by  any
    51  power other than muscle power, and which shall include but not be limit-
    52  ed  to  automobiles,  trucks, motorcycles, tractors, trailers and motor-
    53  boats, snowmobiles and snowtravelers, whether operated on or off  public
    54  highways.  Notwithstanding  the  provisions  of  this  subdivision,  the
    55  department may issue a permit  to  any  person  who  is  non-ambulatory,
    56  except  with the use of a mechanized aid, to possess a loaded firearm in
        S. 9828                             4

     1  or on a motor vehicle as  defined  in  this  section,  subject  to  such
     2  restrictions  as  the  department  may deem necessary in the interest of
     3  public safety. Nothing in this  section  permits  the  possession  of  a
     4  pistol or a revolver contrary to the penal law.
     5    (1) The owner or lessee of the dwelling house, or members of [his] the
     6  owner or lessee of the dwelling house's immediate family actually resid-
     7  ing therein, or a person in [his] the employ of such owner or lessee, or
     8  the  guest  of the owner or lessee of the dwelling house acting with the
     9  consent of said owner or lessee, provided however, that  nothing  herein
    10  shall  be deemed to authorize such persons to discharge a firearm within
    11  five hundred feet, a long bow within one hundred fifty feet, or a cross-
    12  bow within two hundred fifty feet of any other dwelling house, or a farm
    13  building or farm structure actually occupied or used, or a school build-
    14  ing or playground, public structure,  or  occupied  factory  or  church;
    15  provided  further,  that  a  nuisance  wildlife specialist with a permit
    16  issued pursuant to [section 11-0522 of] this article acting in  further-
    17  ance  of  the  [site  specific]  site-specific  deer management plan may
    18  discharge a firearm within five hundred feet  of  any  dwelling  houses,
    19  structures,  schools or playgrounds, provided that the owners or lessees
    20  thereof have been notified by certified mail of the date or  dates,  and
    21  time period of the expected activity, and discharge a firearm within two
    22  hundred fifty feet of such dwelling houses, structures, schools or play-
    23  grounds  provided  that  all the owners or lessees thereof have provided
    24  written consent[; provided further, that a nuisance wildlife  specialist
    25  with  a  permit  issued  pursuant  to  section 11-0522-a of this article
    26  acting in furtherance of the  site-specific  deer  management  plan  may
    27  discharge  a  firearm  within  five hundred feet of any dwelling houses,
    28  structures, schools or playgrounds, provided that the owners or  lessees
    29  thereof  have  been  notified by certified mail of the date or dates and
    30  time period of the expected activity, and discharge a firearm within two
    31  hundred fifty feet of such dwelling houses, structures, schools or play-
    32  grounds provided that all the owners or lessees  thereof  have  provided
    33  written consent];
    34    §  8. Subdivision 2 and subparagraph 1 of paragraph b of subdivision 4
    35  of section 11-0931 of the environmental conservation law, as amended  by
    36  section  8  of part EE of chapter 55 of the laws of 2014, are amended to
    37  read as follows:
    38    2. a. No crossbow or firearm except a  pistol  or  revolver  shall  be
    39  carried or possessed in or on a motor vehicle unless it is uncocked, for
    40  a  crossbow or unloaded, for a firearm in both the chamber and the maga-
    41  zine, except that a loaded firearm which may be legally used for  taking
    42  migratory  game  birds  may be carried or possessed in a motorboat while
    43  being legally used in hunting migratory game birds,  and  b.  no  person
    44  except  a  law  enforcement officer in the performance of [his] such law
    45  enforcement officer's official duties or a nuisance wildlife  specialist
    46  with a permit issued pursuant to this article, provided that such activ-
    47  ities  are  in  furtherance  of  the site-specific deer management plan,
    48  shall, while in or on a motor vehicle, use  a  jacklight,  spotlight  or
    49  other  artificial  light  upon lands inhabited by deer if [he or she is]
    50  such law enforcement officer or  nuisance  wildlife  specialist  are  in
    51  possession  or  is  accompanied by a person who is in possession, at the
    52  time of such use, of a longbow, crossbow or a firearm of any kind except
    53  a pistol or revolver, unless such longbow or  crossbow  is  unstrung  or
    54  such firearm or crossbow is taken down or securely fastened in a case or
    55  locked  in  the  trunk of the vehicle. For purposes of this subdivision,
    56  motor vehicle shall mean every vehicle or other device operated  by  any
        S. 9828                             5

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