Bill Text: NY S09828 | 2023-2024 | General Assembly | Amended

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Bill Title: Establishes a county of Nassau deer management pilot program; requires a report; makes related provisions.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-06-04 - PRINT NUMBER 9828A [S09828 Detail]

Download: New_York-2023-S09828-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         9828--A

                    IN SENATE

                                      June 3, 2024
                                       ___________

        Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Rules  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          establishing a county of Nassau  deer  management  pilot  program;  to
          repeal  subdivision 10 of section 11-0505 of the environmental conser-
          vation law relating thereto; and providing for the repeal  of  certain
          provisions upon expiration thereof

          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-b to read as follows:
     3  § 11-0522-b. County of Nassau deer management pilot program.
     4    1.  For  the  purposes of this section, "nuisance wildlife specialist"
     5  shall mean an employee of or a  contractor  for  the  federal  or  state
     6  government responsible for wildlife management acting pursuant to a deer
     7  management  plan  and  deer  cull permit. A nuisance wildlife specialist
     8  must be in compliance with criteria established by the  department  that
     9  at a minimum shall require:
    10    a.  a  minimum level of marksmanship qualifications appropriate to the
    11  firearm or hunting implement to be used;
    12    b. liability insurance coverage or other financial arrangements  iden-
    13  tified by the department;
    14    c.  a  copy of the cull permit and a copy of the log of nuisance wild-
    15  life specialists using the permit, be on the nuisance wildlife  special-
    16  ist's person when exercising any privilege of such permit; and
    17    d. reporting requirements.
    18    2.  The  department  may,  after reviewing the county of Nassau's cull
    19  permit application and site-specific deer management plan,  and  upon  a
    20  finding  by  the  county  of  Nassau  that  deer have become a nuisance,
    21  destructive to public or private property or a threat to  public  health
    22  or  welfare,  issue  a deer cull permit for use within the boundaries of
    23  the county of Nassau, authorizing use of a nuisance wildlife  specialist
    24  to take deer pursuant to the terms of the deer cull permit.
    25    3.  Each  cull  permit application shall at a minimum include require-
    26  ments for: the timeframe during which the permit must be used,  a  site-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15834-02-4
        S. 9828--A                          2

     1  specific  deer management plan, a geographic description of the area for
     2  which the permit is being requested, a written contract with the  county
     3  of  Nassau,  a  list  which  identifies  participating nuisance wildlife
     4  specialists  and  eligibility  based  on the criteria established by the
     5  department, provided by the county of Nassau, requests for any  authori-
     6  zation pursuant to subdivisions three-a and eleven of section 11-0505 of
     7  this  title,  subdivision  two-a of section 11-0901 of this article, and
     8  subdivisions two-a and  four-a  of  section  11-0931  of  this  article,
     9  provided  that  any  such  authorization  subsequently  granted shall be
    10  explicitly included on any cull permit, and details  regarding  expected
    11  local law enforcement consultation.
    12    4. Nothing in this section shall be construed as requiring or obligat-
    13  ing  the  department  to issue a permit to take deer when in its opinion
    14  the nuisance, destruction of property or threat  to  public  health  and
    15  welfare will not be effectively abated thereby.
    16    §  2.  Subdivisions  3  and  9 of section 11-0505 of the environmental
    17  conservation law, subdivision 3 as separately amended  by  chapters  683
    18  and  704  of the laws of 2023, paragraph b of subdivision 3 and subdivi-
    19  sion 9 as amended by chapter 65 of the laws of 2024, and paragraph c  of
    20  subdivision  3 as amended by chapter 83 of the laws of 2024, are amended
    21  to read as follows:
    22    3. No deer or bear traps shall be made, set or used upon land inhabit-
    23  ed by deer or bear. No salt lick shall be made, set or  used  upon  land
    24  inhabited by deer or bear, except that:
    25    a.  the  department  may  do so on state wildlife refuges and wildlife
    26  management areas; and
    27    b. a nuisance wildlife specialist with a  permit  issued  pursuant  to
    28  [section  11-0522 of] this title may do so provided that such activities
    29  are in furtherance of the site-specific deer management plan.
    30    [c. a nuisance wildlife specialist with a permit  issued  pursuant  to
    31  section  11-0522-a of this title may do so provided that such activities
    32  are in furtherance of the site-specific deer management plan.]
    33    9. A nuisance wildlife specialist with a  permit  issued  pursuant  to
    34  [section  11-0522  of] this title may, in accordance with the parameters
    35  of such permit and the consultation of  local  law  enforcement,  entice
    36  deer  in  the  manner  prohibited  in  subdivision eight of this section
    37  provided that such activities are in furtherance  of  the  site-specific
    38  deer management plan.
    39    § 3.  Subdivision 10 of section 11-0505 of the environmental conserva-
    40  tion law is REPEALED.
    41    §  4.  Subdivision 3 of section 11-0505 of the environmental conserva-
    42  tion law, as amended by chapter 135 of the laws of 1982, is amended  and
    43  a new subdivision 9 is added to read as follows:
    44    3. No deer or bear traps shall be made, set or used upon land inhabit-
    45  ed  by  deer  or bear. No salt lick shall be made, set or used upon land
    46  inhabited by deer or bear, except that:
    47    a. the department may do so on state  wildlife  refuges  and  wildlife
    48  management areas; and
    49    b.  a  nuisance  wildlife  specialist with a permit issued pursuant to
    50  this title may do so provided that such activities are in furtherance of
    51  the site-specific deer management plan.
    52    9. A nuisance wildlife specialist with a  permit  issued  pursuant  to
    53  this title may, in accordance with the parameters of such permit and the
    54  consultation of local law enforcement, entice deer in the manner prohib-
    55  ited  in subdivision eight of this section provided that such activities
    56  are in furtherance of the site-specific deer management plan.
        S. 9828--A                          3

     1    § 5. Subdivision 2 of section 11-0901 of the  environmental  conserva-
     2  tion  law,  as separately amended by chapters 683 and 704 of the laws of
     3  2023, paragraph b as amended by chapter 65 of  the  laws  of  2024,  and
     4  paragraph  c as amended by chapter 83 of the laws of 2024, is amended to
     5  read as follows:
     6    2. Wildlife shall not be taken on or from any public highway, except:
     7    a.  that in the forest preserve counties it may be taken from highways
     8  other than state, county or town highways; and
     9    b. by a nuisance wildlife specialist with a permit issued pursuant  to
    10  [section  11-0522  of] this article provided that such activities are in
    11  furtherance of the site-specific deer management plan.
    12    [c. by a nuisance wildlife specialist with a permit issued pursuant to
    13  section 11-0522-a of this article provided that such activities  are  in
    14  furtherance of the site-specific deer management plan.]
    15    §  6.  Subdivision 2 of section 11-0901 of the environmental conserva-
    16  tion law is amended to read as follows:
    17    2. Wildlife shall not be taken on or from any public highway, except:
    18    a. that in the forest preserve counties it may be taken from  highways
    19  other than state, county or town highways; and
    20    b.  by a nuisance wildlife specialist with a permit issued pursuant to
    21  this article provided that such activities are  in  furtherance  of  the
    22  site-specific deer management plan.
    23    §  7. Subdivision 2 and subparagraph 1 of paragraph b of subdivision 4
    24  of section 11-0931 of the environmental conservation law, as  separately
    25  amended  by  chapters 65 and 83 of the laws of 2024, are amended to read
    26  as follows:
    27    2. a. No crossbow or firearm except a  pistol  or  revolver  shall  be
    28  carried or possessed in or on a motor vehicle unless it is uncocked, for
    29  a  crossbow or unloaded, for a firearm in both the chamber and the maga-
    30  zine, except that a loaded firearm which may be legally used for  taking
    31  migratory  game  birds  may be carried or possessed in a motorboat while
    32  being legally used in hunting migratory game birds,  and  b.  no  person
    33  except  a  law  enforcement officer in the performance of [his] such law
    34  enforcement officer's official duties or a nuisance wildlife  specialist
    35  with  a  permit  issued  pursuant  to [section 11-0522 of] this article,
    36  provided that such activities are in furtherance  of  the  site-specific
    37  deer  management  plan, [or a nuisance wildlife specialist with a permit
    38  issued pursuant to section 11-0522-a of this article, provided that such
    39  activities are in  furtherance  of  the  site-specific  deer  management
    40  plan,] shall, while in or on a motor vehicle, use a jacklight, spotlight
    41  or other artificial light upon lands inhabited by deer if [he or she is]
    42  such  law  enforcement  officer  or  nuisance wildlife specialist are in
    43  possession or [is] are accompanied by a person who is in possession,  at
    44  the  time  of  such use, of a longbow, crossbow or a firearm of any kind
    45  except a pistol or revolver, unless such longbow or crossbow is unstrung
    46  or such firearm or crossbow is taken down or securely fastened in a case
    47  or locked in the trunk of the vehicle. For purposes of this subdivision,
    48  motor vehicle shall mean every vehicle or other device operated  by  any
    49  power other than muscle power, and which shall include but not be limit-
    50  ed  to  automobiles,  trucks, motorcycles, tractors, trailers and motor-
    51  boats, snowmobiles and snowtravelers, whether operated on or off  public
    52  highways.  Notwithstanding  the  provisions  of  this  subdivision,  the
    53  department may issue a permit  to  any  person  who  is  non-ambulatory,
    54  except  with the use of a mechanized aid, to possess a loaded firearm in
    55  or on a motor vehicle as  defined  in  this  section,  subject  to  such
    56  restrictions  as  the  department  may deem necessary in the interest of
        S. 9828--A                          4

     1  public safety. Nothing in this  section  permits  the  possession  of  a
     2  pistol or a revolver contrary to the penal law.
     3    (1) The owner or lessee of the dwelling house, or members of [his] the
     4  owner or lessee of the dwelling house's immediate family actually resid-
     5  ing therein, or a person in [his] the employ of such owner or lessee, or
     6  the  guest  of the owner or lessee of the dwelling house acting with the
     7  consent of said owner or lessee, provided however, that  nothing  herein
     8  shall  be deemed to authorize such persons to discharge a firearm within
     9  five hundred feet, a long bow within one hundred fifty feet, or a cross-
    10  bow within two hundred fifty feet of any other dwelling house, or a farm
    11  building or farm structure actually occupied or used, or a school build-
    12  ing or playground, public structure,  or  occupied  factory  or  church;
    13  provided  further,  that  a  nuisance  wildlife specialist with a permit
    14  issued pursuant to [section 11-0522 of] this article acting in  further-
    15  ance  of  the  [site  specific]  site-specific  deer management plan may
    16  discharge a firearm within five hundred feet  of  any  dwelling  houses,
    17  structures,  schools or playgrounds, provided that the owners or lessees
    18  thereof have been notified by certified mail of the date or  dates,  and
    19  time period of the expected activity, and discharge a firearm within two
    20  hundred fifty feet of such dwelling houses, structures, schools or play-
    21  grounds  provided  that  all the owners or lessees thereof have provided
    22  written consent[; provided further, that a nuisance wildlife  specialist
    23  with  a  permit  issued  pursuant  to  section 11-0522-a of this article
    24  acting in furtherance of the  site-specific  deer  management  plan  may
    25  discharge  a  firearm  within  five hundred feet of any dwelling houses,
    26  structures, schools or playgrounds, provided that the owners or  lessees
    27  thereof  have  been  notified by certified mail of the date or dates and
    28  time period of the expected activity, and discharge a firearm within two
    29  hundred fifty feet of such dwelling houses, structures, schools or play-
    30  grounds provided that all the owners or lessees  thereof  have  provided
    31  written consent];
    32    §  8. Subdivision 2 and subparagraph 1 of paragraph b of subdivision 4
    33  of section 11-0931 of the environmental conservation law, as amended  by
    34  section  8  of part EE of chapter 55 of the laws of 2014, are amended to
    35  read as follows:
    36    2. a. No crossbow or firearm except a  pistol  or  revolver  shall  be
    37  carried or possessed in or on a motor vehicle unless it is uncocked, for
    38  a  crossbow or unloaded, for a firearm in both the chamber and the maga-
    39  zine, except that a loaded firearm which may be legally used for  taking
    40  migratory  game  birds  may be carried or possessed in a motorboat while
    41  being legally used in hunting migratory game birds,  and  b.  no  person
    42  except  a  law  enforcement officer in the performance of [his] such law
    43  enforcement officer's official duties or a nuisance wildlife  specialist
    44  with a permit issued pursuant to this article, provided that such activ-
    45  ities  are  in  furtherance  of  the site-specific deer management plan,
    46  shall, while in or on a motor vehicle, use  a  jacklight,  spotlight  or
    47  other  artificial  light  upon lands inhabited by deer if [he or she is]
    48  such law enforcement officer or  nuisance  wildlife  specialist  are  in
    49  possession  or  is  accompanied by a person who is in possession, at the
    50  time of such use, of a longbow, crossbow or a firearm of any kind except
    51  a pistol or revolver, unless such longbow or  crossbow  is  unstrung  or
    52  such firearm or crossbow is taken down or securely fastened in a case or
    53  locked  in  the  trunk of the vehicle. For purposes of this subdivision,
    54  motor vehicle shall mean every vehicle or other device operated  by  any
    55  power other than muscle power, and which shall include but not be limit-
    56  ed  to  automobiles,  trucks, motorcycles, tractors, trailers and motor-
        S. 9828--A                          5

     1  boats, snowmobiles and snowtravelers, whether operated on or off  public
     2  highways.  Notwithstanding  the  provisions  of  this  subdivision,  the
     3  department may issue a permit  to  any  person  who  is  non-ambulatory,
     4  except  with the use of a mechanized aid, to possess a loaded firearm in
     5  or on a motor vehicle as  defined  in  this  section,  subject  to  such
     6  restrictions  as  the  department  may deem necessary in the interest of
     7  public safety. Nothing in this  section  permits  the  possession  of  a
     8  pistol or a revolver contrary to the penal law.
     9    (1)  The  owner  or  lessee of the dwelling house, or members of [his]
    10  such owner or lessee of the dwelling house's immediate  family  actually
    11  residing  therein,  or a person in [his] the employ, or the guest of the
    12  owner or lessee of the dwelling house acting with the  consent  of  said
    13  owner  or  lessee, provided however, that nothing herein shall be deemed
    14  to authorize such persons to discharge a  firearm  within  five  hundred
    15  feet, a long bow within one hundred fifty feet, or a crossbow within two
    16  hundred  fifty  feet  of any other dwelling house, or a farm building or
    17  farm structure actually occupied or used, or a school building or  play-
    18  ground,  public  structure,  or  occupied  factory  or  church; provided
    19  further, that a nuisance wildlife specialist with a permit issued pursu-
    20  ant to this article acting in  furtherance  of  the  site-specific  deer
    21  management  plan may discharge a firearm within five hundred feet of any
    22  dwelling houses, structures, schools or playgrounds, provided  that  the
    23  owners  or  lessees  thereof have been notified by certified mail of the
    24  date or dates and time period of the expected activity, and discharge  a
    25  firearm  within  two  hundred fifty feet of such dwelling houses, struc-
    26  tures, schools or playgrounds provided that all the  owners  or  lessees
    27  thereof have provided written consent;
    28    § 9. The department of environmental conservation, following consulta-
    29  tion  with  the  county  of  Nassau shall prepare a report examining the
    30  effectiveness of the county of  Nassau  deer  management  pilot  program
    31  established pursuant to section 11-0522-b of the environmental conserva-
    32  tion  law  in  addressing  deer  overpopulation and the effectiveness in
    33  addressing destruction to public or private property in  the  county  of
    34  Nassau.  The report shall include the number of cull permits issued, and
    35  the number of deer taken. The report shall also include  recommendations
    36  for  program  improvements,  including  the  potential  effectiveness of
    37  authorizing future programs. The report shall be delivered to the gover-
    38  nor, the speaker of the assembly and  the  temporary  president  of  the
    39  senate,  as  well  as  published  on the department's public website, no
    40  later than thirty months after the effective date of this act.
    41    § 10. This act shall take effect on the first of January next succeed-
    42  ing the date on which it shall have become a law and  sections  one  and
    43  nine  of  this act shall expire and be deemed repealed three years after
    44  such date; provided further, however, that the  amendments  to  subdivi-
    45  sions  3  and 9 of section 11-0505 of the environmental conservation law
    46  made by section two of this act, subdivision 2 of section 11-0901 of the
    47  environmental conservation law made by section  five  of  this  act  and
    48  subdivision  2  and  subparagraph (1) of paragraph b of subdivision 4 of
    49  section 11-0931 of the environmental conservation law  made  by  section
    50  seven  of  this  act shall be subject to the expiration and reversion or
    51  repeal, as applicable, of such subdivisions and such paragraph  pursuant
    52  to  section  6  of chapters 683 and 704 of the laws of 2023, as amended,
    53  when upon such date the provisions of sections four, six, and  eight  of
    54  this act shall take effect.