Bill Text: NY A08646 | 2017-2018 | General Assembly | Amended

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

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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

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         8646--B
                               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  --
          Multi-Sponsored by -- M. of A. BARCLAY, McDONOUGH, THIELE -- read once
          and  referred to the Committee on Environmental Conservation -- recom-
          mitted 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  committee  --
          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
          authorizing cull permits to 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 to certified nuisance wildlife specialists.
     4    1.  For  the  purposes  of  this section, "certified nuisance wildlife
     5  specialist" shall mean an employee of the federal or state government or
     6  any city, town, village or county, responsible for  wildlife  management
     7  and acting pursuant to a wildlife management plan, who complies with the
     8  criteria  established  by the department, in rules and regulations, that
     9  at a minimum require:
    10    a. a minimum level of marksmanship  certification,  including  ongoing
    11  certification;
    12    b. liability insurance coverage levels or other financial arrangements
    13  approved by the department; and
    14    c. reporting requirements.
    15    2.  The  department  may,  after  reviewing the site-specific wildlife
    16  management plan, and upon a finding that wildlife has become a nuisance,
    17  destructive to public or private property or a threat to  public  health
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13398-04-8
        A. 8646--B                          2
     1  or welfare, issue a certified nuisance wildlife specialist a cull permit
     2  for the following wildlife:
     3    a.  for  areas  at  an  airport, wildlife shall mean wild game and all
     4  other animal life existing in a wild state at an airport, as defined  in
     5  subdivision  five  of  section two hundred forty of the general business
     6  law, that may pose a risk to aircraft.
     7    b. for all other areas, wildlife shall mean only deer and coyote.
     8    3. Each cull permit application shall comply with the criteria  estab-
     9  lished  by  the  department  in  rules and regulations that at a minimum
    10  include requirements for: the timeframe during which the permit must  be
    11  used, a site-specific wildlife management plan, a geographic description
    12  of  the area for which the permit is being requested, a written contract
    13  with the airport or entity requesting the cull, requests for any author-
    14  ization pursuant to subdivisions three and nine of  section  11-0505  of
    15  this  title,  subdivision  two  of  section 11-0901 of this article, and
    16  subdivisions two and four of section 11-0931 of this  article,  provided
    17  that  any  such  authorization  subsequently granted shall be explicitly
    18  included on any cull permit, and details regarding  expected  local  law
    19  enforcement participation.
    20    4. Nothing in this section shall be construed as requiring or obligat-
    21  ing  the  department  to  issue  a permit to take wildlife or direct the
    22  taking of any wildlife when in its opinion the nuisance, destruction  of
    23  property  or threat to public health and welfare will not be effectively
    24  abated thereby.
    25    § 2. Subdivision 3 of section 11-0505 of the  environmental  conserva-
    26  tion  law, as amended by chapter 135 of the laws of 1982, is amended and
    27  a new subdivision 9 is added to read as follows:
    28    3. No deer or bear traps shall be made, set or used upon land inhabit-
    29  ed by deer or bear. No salt lick shall be made, set or  used  upon  land
    30  inhabited by deer or bear, except that:
    31    a.  the  department  may  do so on state wildlife refuges and wildlife
    32  management areas; and
    33    b. a certified nuisance  wildlife  specialist  with  a  permit  issued
    34  pursuant  to  paragraph  a or b of subdivision two of section 11-0522 of
    35  this title may do so provided that such activities are in furtherance of
    36  the site-specific wildlife management plan.
    37    9. A certified nuisance  wildlife  specialist  with  a  permit  issued
    38  pursuant  to  paragraph  a or b of subdivision two of section 11-0522 of
    39  this title may, in accordance with the parameters of such permit and the
    40  participation of local  law  enforcement,  entice  deer  in  the  manner
    41  authorized  in  subdivision  eight  of  this  section provided that such
    42  activities are in furtherance of the site-specific  wildlife  management
    43  plan.
    44    §  3.  Subdivision 2 of section 11-0901 of the environmental conserva-
    45  tion law is amended to read as follows:
    46    2. Wildlife shall not be taken on or from any public highway, except:
    47    a. that in the forest preserve counties it may be taken from  highways
    48  other than state, county or town highways; and
    49    b.  by  a  certified nuisance wildlife specialist with a permit issued
    50  pursuant to paragraph a or b of subdivision two of  section  11-0522  of
    51  this  article  provided  that  such activities are in furtherance of the
    52  site-specific wildlife management plan.
    53    § 4. Subdivision 2 and subparagraph 1 of paragraph b of subdivision  4
    54  of  section 11-0931 of the environmental conservation law, as amended by
    55  section 8 of part EE of chapter 55 of the laws of 2014, are  amended  to
    56  read as follows:
        A. 8646--B                          3
     1    2.  a.  No  crossbow  or  firearm except a pistol or revolver shall be
     2  carried or possessed in or on a motor vehicle unless it is uncocked, for
     3  a crossbow or unloaded, for a firearm in both the chamber and the  maga-
     4  zine,  except that a loaded firearm which may be legally used for taking
     5  migratory  game  birds  may be carried or possessed in a motorboat while
     6  being legally used in hunting migratory game birds,  and  b.  no  person
     7  except  a  law  enforcement  officer  in the performance of his official
     8  duties or a certified nuisance wildlife specialist with a permit  issued
     9  pursuant  to  paragraph  a or b of subdivision two of section 11-0522 of
    10  this article, provided that such activities are in  furtherance  of  the
    11  site-specific  wildlife  management  plan, shall, while in or on a motor
    12  vehicle, use a jacklight, spotlight or other artificial light upon lands
    13  inhabited by deer if he or she is in possession or is accompanied  by  a
    14  person  who  is  in  possession,  at the time of such use, of a longbow,
    15  crossbow or a firearm of any kind except a pistol  or  revolver,  unless
    16  such  longbow  or  crossbow  is  unstrung or such firearm or crossbow is
    17  taken down or securely fastened in a case or locked in the trunk of  the
    18  vehicle.  For  purposes  of  this  subdivision, motor vehicle shall mean
    19  every vehicle or other device operated by any power  other  than  muscle
    20  power,  and  which  shall  include  but  not  be limited to automobiles,
    21  trucks, motorcycles, tractors, trailers and motorboats, snowmobiles  and
    22  snowtravelers, whether operated on or off public highways. Notwithstand-
    23  ing  the  provisions  of  this  subdivision,  the department may issue a
    24  permit to any person who is non-ambulatory, except with  the  use  of  a
    25  mechanized  aid, to possess a loaded firearm in or on a motor vehicle as
    26  defined in this section, subject to such restrictions as the  department
    27  may  deem  necessary  in  the interest of public safety. Nothing in this
    28  section permits the possession of a pistol or a revolver contrary to the
    29  penal law.
    30    (1) The owner or lessee of the dwelling house, or members of his imme-
    31  diate family actually residing therein, or a person in  his  employ,  or
    32  the  guest  of the owner or lessee of the dwelling house acting with the
    33  written consent of said owner or lessee including a  certified  nuisance
    34  wildlife  specialist  with  a  permit  issued pursuant to paragraph b of
    35  subdivision two of section 11-0522 of this article, provided  that  such
    36  activities  are  in furtherance of the site-specific wildlife management
    37  plan, provided however, that nothing herein shall be deemed to authorize
    38  such persons to discharge a firearm within five hundred feet, a long bow
    39  within one hundred fifty feet, or a crossbow within  two  hundred  fifty
    40  feet  of  any other dwelling house, or a farm building or farm structure
    41  actually occupied or used, or a school building  or  playground,  public
    42  structure, or occupied factory or church;
    43    §  5.  This  act shall take effect on the ninetieth day after it shall
    44  have become a law. Effective immediately the addition, amendment  and/or
    45  repeal  of  any  rule  or regulation necessary for the implementation of
    46  this act on its effective date are authorized to be made  and  completed
    47  on or before such effective date.