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.