Bill Text: NY S05135 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to extending the authority of the department of conservation to manage deer and bear.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2015-08-13 - SIGNED CHAP.209 [S05135 Detail]

Download: New_York-2015-S05135-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5135
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      May 4, 2015
                                      ___________
       Introduced  by  Sen. O'MARA -- (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 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
         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  deer,  as
    3  amended  by  chapter  437  of  the  laws  of 2011, 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
   16  made  by  section eight of this act shall expire on [October 1] DECEMBER
   17  31, [2015] 2018.
   18    S 2. Subdivisions 8 and 10 and paragraph a of subdivision 9 of section
   19  11-0903 of the environmental conservation law, as amended by chapter 437
   20  of the laws of 2011, are amended to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09473-01-5
       S. 5135                             2
    1    8. Notwithstanding any provision of law, rule  or  regulation  to  the
    2  contrary,   the   department   may,   until   [October  first]  DECEMBER
    3  THIRTY-FIRST, two thousand [fifteen] EIGHTEEN,  fix  by  regulation  the
    4  open  seasons,  open  areas, bag limit, manner of taking, possession and
    5  disposition  of  bear  and parts of bears, and the intentional and inci-
    6  dental feeding of bears. Such regulations shall implement the provisions
    7  of this article. Such regulations, as the department deems  appropriate,
    8  may provide for special permits and permit quotas. When a special permit
    9  is  required,  the  department may fix by regulation a fee for each such
   10  permit issued.
   11    a. Until [October first] DECEMBER THIRTY-FIRST, two thousand [fifteen]
   12  EIGHTEEN, whenever in its opinion deer shall become numerous  enough  in
   13  any area to cause substantial damage to property or overbrowsing of deer
   14  range,  the  department  may  fix by regulation special open seasons for
   15  taking wild deer of either  sex.    Subject  to  this  subdivision,  the
   16  department may fix the conditions of such seasons.
   17    10.  Notwithstanding  any  inconsistent provision of subdivision 10 of
   18  section 11-0901 or subdivision 2, subdivision  3  or  subdivision  8  of
   19  section   11-0907   of   this  title,  until  [October  first]  DECEMBER
   20  THIRTY-FIRST, two thousand [fifteen] EIGHTEEN, the department is author-
   21  ized to  adopt  regulations  with  respect  to  the  manner  of  taking,
   22  possession, open seasons and bag limits for deer. The authority to adopt
   23  such  regulations  is  in  addition  to  any authority contained in this
   24  section or section 11-0913 of this title respecting  regulations  fixing
   25  open seasons for deer and the issuance of deer management permits.
   26    S  3.  Paragraph a of subdivision 1 of section 11-0913 of the environ-
   27  mental conservation law, as amended by chapter 437 of the laws of  2011,
   28  is amended to read as follows:
   29    a. Until [October first] DECEMBER THIRTY-FIRST, two thousand [fifteen]
   30  EIGHTEEN,  whenever in its opinion the population of deer in any area of
   31  the state except in the northern zone is such that additional harvest of
   32  deer is reasonably necessary to properly manage the  deer  herd  in  the
   33  state  in balance with the available deer range and natural food supply,
   34  the department may provide by regulation for issuance of deer management
   35  permits, permitting the taking of one deer for the permit,  in  addition
   36  to  the limit of one deer that may otherwise be taken by one person in a
   37  license year.
   38    S 4. This act shall take effect immediately.