Bill Text: NY A08646 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to authorizing cull permits to certified nuisance wildlife specialists; authorizes the department of environmental conservation, after a review of the site-specific wildlife management plan, and upon a finding that wildlife has become a nuisance, destructive to public or private property or a threat to public health or welfare, to issue a certified nuisance wildlife specialist a cull permit; defines terms.
Spectrum: Slight Partisan Bill (Democrat 14-5)
Status: (Engrossed - Dead) 2018-06-19 - REFERRED TO RULES [A08646 Detail]
Download: New_York-2017-A08646-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8646--C 2017-2018 Regular Sessions IN ASSEMBLY September 1, 2017 ___________ Introduced by M. of A. HUNTER, TITONE, D'URSO, MAGNARELLI, FAHY, LUPAR- DO, HAWLEY, GALEF, COOK, RAIA, WILLIAMS, ERRIGO, HYNDMAN, STIRPE, BLAKE -- Multi-Sponsored by -- M. of A. BARCLAY, McDONOUGH, THIELE -- read once and referred to the Committee on Environmental Conservation -- recommitted to the Committee on Environmental Conservation in accordance with Assembly Rule 3, sec. 2 -- 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 -- reported and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law, in relation to wild- life damage management 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 to certified nuisance wildlife specialists. 4 1. For the purposes of this section, "certified nuisance wildlife 5 specialist" shall mean an employee of a land grant university, or an 6 employee of or a contractor for the federal or state government or any 7 city, town, village or county, responsible for wildlife management and 8 acting pursuant to a wildlife management plan, who complies with the 9 criteria established by the department, in rules and regulations, that 10 at a minimum require: 11 a. a minimum level of marksmanship certification, including ongoing 12 certification; 13 b. liability insurance coverage levels or other financial arrangements 14 approved by the department; and 15 c. reporting requirements. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13398-10-8A. 8646--C 2 1 2. The department may, after reviewing the site-specific wildlife 2 management plan, and upon a finding that wildlife has become a nuisance, 3 destructive to public or private property or a threat to public health 4 or welfare, issue a certified nuisance wildlife specialist a cull permit 5 for the following wildlife: 6 a. for areas at an airport, wildlife shall mean wild game and all 7 other animal life existing in a wild state at an airport, as defined in 8 subdivision five of section two hundred forty of the general business 9 law, that may pose a risk to aircraft. 10 b. for all other areas, wildlife shall mean only deer and coyote. 11 3. Each cull permit application shall comply with the criteria estab- 12 lished by the department in rules and regulations that at a minimum 13 include requirements for: the timeframe during which the permit must be 14 used, a site-specific wildlife management plan, a geographic description 15 of the area for which the permit is being requested, a written contract 16 with the airport or entity requesting the cull, requests for any author- 17 ization pursuant to subdivisions three and nine of section 11-0505 of 18 this title, subdivision two of section 11-0901 of this article, and 19 subdivisions two and four of section 11-0931 of this article, provided 20 that any such authorization subsequently granted shall be explicitly 21 included on any cull permit, and details regarding expected local law 22 enforcement participation. 23 4. Nothing in this section shall be construed as requiring or obligat- 24 ing the department to issue a permit to take wildlife or direct the 25 taking of any wildlife when in its opinion the nuisance, destruction of 26 property or threat to public health and welfare will not be effectively 27 abated thereby. 28 § 2. Subdivision 3 of section 11-0505 of the environmental conserva- 29 tion law, as amended by chapter 135 of the laws of 1982, is amended and 30 a new subdivision 9 is added to read as follows: 31 3. No deer or bear traps shall be made, set or used upon land inhabit- 32 ed by deer or bear. No salt lick shall be made, set or used upon land 33 inhabited by deer or bear, except that: 34 a. the department may do so on state wildlife refuges and wildlife 35 management areas; and 36 b. a certified nuisance wildlife specialist with a permit issued 37 pursuant to paragraph a or b of subdivision two of section 11-0522 of 38 this title may do so provided that such activities are in furtherance of 39 the site-specific wildlife management plan. 40 9. A certified nuisance wildlife specialist with a permit issued 41 pursuant to paragraph a or b of subdivision two of section 11-0522 of 42 this title may, in accordance with the parameters of such permit and the 43 participation of local law enforcement, entice deer in the manner 44 prohibited in subdivision eight of this section provided that such 45 activities are in furtherance of the site-specific wildlife management 46 plan. 47 § 3. Subdivision 2 of section 11-0901 of the environmental conserva- 48 tion law is amended to read as follows: 49 2. Wildlife shall not be taken on or from any public highway, except: 50 a. that in the forest preserve counties it may be taken from highways 51 other than state, county or town highways; and 52 b. by a certified nuisance wildlife specialist with a permit issued 53 pursuant to paragraph a or b of subdivision two of section 11-0522 of 54 this article provided that such activities are in furtherance of the 55 site-specific wildlife management plan.A. 8646--C 3 1 § 4. Subdivision 2 and subparagraph 1 of paragraph b of subdivision 4 2 of section 11-0931 of the environmental conservation law, as amended by 3 section 8 of part EE of chapter 55 of the laws of 2014, are amended to 4 read as follows: 5 2. a. No crossbow or firearm except a pistol or revolver shall be 6 carried or possessed in or on a motor vehicle unless it is uncocked, for 7 a crossbow or unloaded, for a firearm in both the chamber and the maga- 8 zine, except that a loaded firearm which may be legally used for taking 9 migratory game birds may be carried or possessed in a motorboat while 10 being legally used in hunting migratory game birds, and b. no person 11 except a law enforcement officer in the performance of his official 12 duties or a certified nuisance wildlife specialist with a permit issued 13 pursuant to paragraph a or b of subdivision two of section 11-0522 of 14 this article, provided that such activities are in furtherance of the 15 site-specific wildlife management plan, shall, while in or on a motor 16 vehicle, use a jacklight, spotlight or other artificial light upon lands 17 inhabited by deer if he or she is in possession or is accompanied by a 18 person who is in possession, at the time of such use, of a longbow, 19 crossbow or a firearm of any kind except a pistol or revolver, unless 20 such longbow or crossbow is unstrung or such firearm or crossbow is 21 taken down or securely fastened in a case or locked in the trunk of the 22 vehicle. For purposes of this subdivision, motor vehicle shall mean 23 every vehicle or other device operated by any power other than muscle 24 power, and which shall include but not be limited to automobiles, 25 trucks, motorcycles, tractors, trailers and motorboats, snowmobiles and 26 snowtravelers, whether operated on or off public highways. Notwithstand- 27 ing the provisions of this subdivision, the department may issue a 28 permit to any person who is non-ambulatory, except with the use of a 29 mechanized aid, to possess a loaded firearm in or on a motor vehicle as 30 defined in this section, subject to such restrictions as the department 31 may deem necessary in the interest of public safety. Nothing in this 32 section permits the possession of a pistol or a revolver contrary to the 33 penal law. 34 (1) The owner or lessee of the dwelling house, or members of his imme- 35 diate family actually residing therein, or a person in his employ, or 36 the guest of the owner or lessee of the dwelling house acting with the 37 written consent of said owner or lessee, including a certified nuisance 38 wildlife specialist with a permit issued pursuant to paragraph b of 39 subdivision two of section 11-0522 of this article, provided that such 40 activities are in furtherance of the site-specific wildlife management 41 plan, provided however, that nothing herein shall be deemed to authorize 42 such persons to discharge a firearm within five hundred feet, a long bow 43 within one hundred fifty feet, or a crossbow within two hundred fifty 44 feet of any other dwelling house, or a farm building or farm structure 45 actually occupied or used, or a school building or playground, public 46 structure, or occupied factory or church; 47 § 5. This act shall take effect on the ninetieth day after it shall 48 have become a law. Effective immediately the addition, amendment and/or 49 repeal of any rule or regulation necessary for the implementation of 50 this act on its effective date are authorized to be made and completed 51 on or before such effective date.
