Bill Text: NY A08646 | 2017-2018 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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--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. LBD13398-04-8A. 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.