Bill Text: NY S03919 | 2011-2012 | General Assembly | Introduced


Bill Title: Extends the authority of the department of environmental conservation to authorize hunting of various game.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2012-01-04 - REFERRED TO ENVIRONMENTAL CONSERVATION [S03919 Detail]

Download: New_York-2011-S03919-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3919
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     March 9, 2011
                                      ___________
       Introduced by Sen. GRISANTI -- (at request of the Department of Environ-
         mental  Conservation)  --  read  twice  and  ordered printed, and when
         printed to be committed to the Committee on Environmental Conservation
       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         extending  the  authority of the department of environmental conserva-
         tion to manage deer and  bear  and  extending  the  authority  of  the
         department  of  environmental  conservation  to  adopt regulations for
         hunting in the northern zone; to amend chapter  600  of  the  laws  of
         1993,  amending  the  environmental  conservation  law relating to the
         management of bear, in relation to the effectiveness of such  chapter;
         to  amend  chapter  84  of the laws of 2010 amending the environmental
         conservation law relating to the management of migratory  game  birds,
         in relation to extending the effectiveness thereof
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 13 of chapter 600 of the laws of 1993, amending the
    2  environmental conservation law relating to the management  of  bear,  as
    3  amended  by  chapter  149  of  the  laws  of 2007, is amended to read as
    4  follows:
    5    S 13. This act shall take effect immediately, provided  however,  that
    6  the  amendments  made to paragraph c of subdivision 1 of section 11-0907
    7  of the environmental conservation law made by section five of this  act,
    8  paragraph  a  of  subdivision  2 of section 11-0907 of the environmental
    9  conservation law made by section six of this act, paragraphs a and b  of
   10  subdivision  3  of section 11-0907 of the environmental conservation law
   11  made by section seven of this act,  paragraph  b  of  subdivision  2  of
   12  section  11-0907  of  the environmental conservation law made by section
   13  six of this act, paragraph c of subdivision 3 of section 11-0907 of  the
   14  environmental  conservation  law  made by section seven of this act, and
   15  subdivision 3 of section 11-0911 of the environmental  conservation  law
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09810-01-1
       S. 3919                             2
    1  made  by  section  eight  of  this act shall expire on October 1, [2011]
    2  2014.
    3    S 2. Subdivision 8, paragraph a of subdivision 9 and subdivision 10 of
    4  section  11-0903  of  the  environmental conservation law, as amended by
    5  chapter 149 of the laws of 2007, are amended to read as follows:
    6    8. Notwithstanding any provision of law, rule  or  regulation  to  the
    7  contrary, the department may, until October first, two thousand [eleven]
    8  FOURTEEN,  fix  by  regulation  the open seasons, open areas, bag limit,
    9  manner of taking, possession and disposition of bear and parts of bears,
   10  and the intentional and incidental feeding of  bears.  Such  regulations
   11  shall implement the provisions of this article. Such regulations, as the
   12  department deems appropriate, may provide for special permits and permit
   13  quotas.  When  a  special  permit is required, the department may fix by
   14  regulation a fee for each such permit issued.
   15    a. Until October first, two thousand [eleven]  FOURTEEN,  whenever  in
   16  its  opinion  deer  shall  become  numerous  enough in any area to cause
   17  substantial damage to  property  or  overbrowsing  of  deer  range,  the
   18  department  may  fix  by regulation special open seasons for taking wild
   19  deer of either sex.  Subject to this subdivision, the department may fix
   20  the conditions of such seasons.
   21    10. Notwithstanding any inconsistent provision of  subdivision  10  of
   22  section  11-0901  or  subdivision  2,  subdivision 3 or subdivision 8 of
   23  section 11-0907 of this title, until October first, two thousand  [elev-
   24  en]  FOURTEEN,  the  department  is authorized to adopt regulations with
   25  respect to the manner of taking, possession, open seasons and bag limits
   26  for deer. The authority to adopt such regulations is in addition to  any
   27  authority  contained  in  this  section or section 11-0913 of this title
   28  respecting regulations fixing open seasons for deer and the issuance  of
   29  deer management permits.
   30    S  3.  Paragraph a of subdivision 1 of section 11-0913 of the environ-
   31  mental conservation law, as amended by chapter 149 of the laws of  2007,
   32  is amended to read as follows:
   33    a.  Until  October  first, two thousand [eleven] FOURTEEN, whenever in
   34  its opinion the population of deer in any area of the  state  except  in
   35  the  northern zone is such that additional harvest of deer is reasonably
   36  necessary to properly manage the deer herd in the state in balance  with
   37  the  available  deer  range  and natural food supply, the department may
   38  provide by regulation for issuance of deer management  permits,  permit-
   39  ting  the taking of one deer for the permit, in addition to the limit of
   40  one deer that may otherwise be taken by one person in a license year.
   41    S 4. Paragraph c of subdivision 8 of section 11-0907 of  the  environ-
   42  mental  conservation law, as amended by chapter 140 of the laws of 2007,
   43  is amended to read as follows:
   44    c. Until October first, two thousand [eleven] FOURTEEN,  such  special
   45  season for the Northern Zone or any portion thereof may by regulation be
   46  for  up  to  a fourteen-day period preceding the regular open season for
   47  deer stated in column two of the table set forth  in  subdivision  2  of
   48  this  section  or  may be for up to a fourteen-day period following such
   49  open season or any combination  thereof,  provided  that  a  maximum  of
   50  sixteen days is not exceeded for any open area. Regulations establishing
   51  such  Northern  Zone  muzzle-loading firearm big game season may specify
   52  the taking of deer of either sex,  antlerless  deer  only,  legal  bucks
   53  only,  or  any combination thereof, and may require that persons partic-
   54  ipating in the Northern Zone  muzzle-loading  firearm  big  game  season
   55  obtain  a  special  permit  from the department. When establishing these
       S. 3919                             3
    1  regulations, the department must consider the condition of the herd  and
    2  communities', property owners', hunters' and other relevant interests.
    3    S  5.  Section 5 of chapter 84 of the laws of 2010, amending the envi-
    4  ronmental conservation law relating to the management of migratory  game
    5  birds, is amended to read as follows:
    6    S  5.  This act shall take effect immediately; provided, however, that
    7  the amendments made by sections one, two and three of this act shall  be
    8  deemed repealed on [May 1, 2011] OCTOBER 1, 2014.
    9    S 6. This act shall take effect immediately.
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