S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1964

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2009
                               ___________

Introduced  by M. of A. CALHOUN -- read once and referred to the Commit-
  tee on Agriculture

AN ACT to amend the agriculture and markets  law,  in  relation  to  the
  establishment  of  the  Hudson  valley white-tail deer mitigation task
  force and providing for the repeal of such provisions upon  expiration
  thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings. The  legislature  finds  that  damage
caused  by  white-tail  deer browsing is becoming a critical problem for
agricultural producers  and  landscape  horticulturists  in  the  Hudson
valley,  who  are  annually  sustaining  tens  of millions of dollars in
damage to crops. Also, residential ornamental  shrubbery  and  vegetable
and  flower  gardens are being devastated by deer herd browsing, causing
both economic and aesthetic loss on a large scale. In addition,  rapidly
rising  deer  populations  are increasing the frequency of serious motor
vehicle crashes, the incidence of  motor  vehicle  damage  and  physical
injury to motorists, and the spread of Lyme disease by deer to residents
in  the Hudson valley. This act establishes an interagency task force to
arrive at innovative solutions to address this serious and growing prob-
lem.
  S 2. Section 16 of the agriculture  and  markets  law  is  amended  by
adding a new subdivision 44 to read as follows:
  44. PREPARE THE REPORT REQUIRED BY SECTION TWO HUNDRED NINETY-EIGHT OF
THIS CHAPTER, WHICH ESTABLISHES THE HUDSON VALLEY WHITE-TAIL DEER DAMAGE
MITIGATION TASK FORCE.
  S  3.  The  agriculture  and  markets  law  is amended by adding a new
section 298 to read as follows:
  S 298. HUDSON VALLEY WHITE-TAIL DEER DAMAGE MITIGATION TASK FORCE.  1.
THE  COMMISSIONER AND THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION, IN
CONSULTATION WITH THE SUPERINTENDENT OF INSURANCE AND THE  COMMISSIONERS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02384-01-9
              

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OF  HEALTH, MOTOR VEHICLES, TRANSPORTATION, AND TEMPORARY AND DISABILITY
ASSISTANCE, SHALL FORM AN INTERAGENCY TASK FORCE. SUCH TASK FORCE SHALL:
  A.  (1)  DEVELOP  INNOVATIVE  METHODS  THAT UTILIZE PRIVATE AND PUBLIC
FUNDING SOURCES TO MANAGE DEER HERDS IN SUCH A WAY AS  TO  MINIMIZE  (A)
DAMAGE TO AGRICULTURAL CROPS, COMMERCIAL HORTICULTURE, RESIDENTIAL ORNA-
MENTAL  SHRUBBERY,  VEGETABLE, AND FLOWER GARDENS; AND (B) THE INCIDENCE
OF PERSONAL INJURY AND PROPERTY DAMAGE DUE TO  MOTOR  VEHICLE  ACCIDENTS
INVOLVING DEER. THE TASK FORCE SHOULD DETERMINE IF CURRENT PROGRAMS THAT
ARE  UTILIZED  TO  MANAGE  SURPLUS  DEER POPULATIONS NEED TO BE REVISED,
DETERMINE IF THE TIME OF HUNTING SEASONS NEEDS TO BE ALTERED,  DETERMINE
IF ANY STATE AGENCY, PUBLIC AUTHORITY, OR OTHER ENTITY CONTROLLED BY THE
STATE  OF  NEW  YORK  CAN  PURCHASE  IN BULK OR AT REDUCED COSTS FENCING
SUPPLIES OR OTHER DEER CONTROL EQUIPMENT, SUPPLIES, OR DEVICES THAT  CAN
THEN  BE  DISTRIBUTED  TO  FARMERS, ACADEMIC RESEARCHERS, AND OTHER LAND
OWNERS, DETERMINE IF ADDITIONAL ACADEMIC OR APPLIED RESEARCH NEEDS TO BE
CONDUCTED TO IDENTIFY EFFECTIVE MEANS TO REDUCE SURPLUS DEER POPULATIONS
OR MINIMIZE DAMAGE CAUSED BY DEER, DETERMINE IF MORE INEXPENSIVE FENCING
SOLUTIONS CAN BE DEVELOPED AND DISSEMINATED TO  AGRICULTURAL  PRODUCERS,
DETERMINE  IF NEW DEER HERD WARNING SYSTEMS COULD BE ECONOMICALLY DEVEL-
OPED TO ALERT MOTORISTS OF THE PRESENCE OF DEER IN HIGH RISK AREAS OR AT
CERTAIN TIMES OF THE DAY, AND DETERMINE IF ANY OTHER  COURSE  OF  ACTION
NEEDS TO BE TAKEN TO ACHIEVE THE GOALS STATED IN THIS SECTION;
  (2)  CONDUCT  A  STUDY  TO  IDENTIFY AND QUANTIFY WHERE, WHEN, AND HOW
MOTOR VEHICLE ACCIDENTS INVOLVING DEER OCCUR IN THE HUDSON  VALLEY.  THE
STUDY  SHOULD  CONCENTRATE  SPECIFICALLY ON WHAT TYPES OF MOTOR VEHICLES
ARE INVOLVED IN SUCH DEER-RELATED ACCIDENTS, THE TIME OF YEAR,  TIME  OF
DAY,  AND  DAY  OF  THE  WEEK THESE ACCIDENTS TEND TO OCCUR, THE TYPE OR
TYPES OF DRIVERS THAT TEND TO BE INVOLVED  IN  SUCH  ACCIDENTS  AND  THE
GEOGRAPHICAL  SITES  THROUGHOUT  THE  HUDSON VALLEY WHERE SUCH ACCIDENTS
OCCUR. THE FINDINGS OF THIS STUDY SHOULD HELP THE DELIBERATIONS  OF  THE
TASK FORCE BY QUANTIFYING THE CIRCUMSTANCES WHICH LEAD TO SUCH ACCIDENTS
AND ENABLE THE TASK FORCE TO DEVELOP MEASURES TO MITIGATE PERSONAL INJU-
RY AND PROPERTY DAMAGE FROM SUCH ACCIDENTS;
  (3)  (A)  CONDUCT  A STUDY TO GAIN A GREATER UNDERSTANDING OF WHY SOME
FARMS SUSTAIN SUBSTANTIAL DAMAGE FROM DEER WHILE OTHER FARMS IN THE SAME
GEOGRAPHIC AREA DO NOT; (B) PREPARE AN ASSESSMENT OF THE  EFFECTIVENESS,
WITH  PARTICULAR  REGARD TO EASE OF AVAILABILITY AND USE, OF THE DEPART-
MENT OF ENVIRONMENTAL CONSERVATION'S NUISANCE DAMAGE PERMIT PROGRAM; (C)
STUDY THE PROCESS WHEREBY INFORMATION PERTAINING TO DAMAGE CONTROL TECH-
NIQUES  IS  DISSEMINATED  TO  FARMERS  AND  MAKE   RECOMMENDATIONS,   IF
WARRANTED, FOR THE IMPROVEMENT THEREOF; AND (D) STUDY AND MAKE RECOMMEN-
DATIONS  PERTAINING  TO  THE  DEVELOPMENT  AND  IMPLEMENTATION  OF  MORE
COST-EFFECTIVE, UNDER-UTILIZED,  AND  NOVEL  MEANS  OF  REPELLING  DEER,
INCLUDING  BUT  NOT  LIMITED  TO:  WILDLIFE  FENCES AND NETTING, SCARING
DEVICES THAT DO NOT DISTURB ADJOINING LAND OWNERS, ENVIRONMENTALLY SOUND
CHEMICAL DEER REPELLANTS TO PROTECT CROPS, AND THE USE OF DOGS TO  SCARE
DEER AWAY FROM CROPS;
  (4)  STUDY  AND  MAKE RECOMMENDATIONS FOR THE COORDINATION OF NUISANCE
PERMITS, DEER MANAGEMENT PERMITS, AND DEER MANAGEMENT ASSISTANCE PERMITS
TO ENHANCE UTILIZATION OF EXISTING RESOURCES TO MATCH  HUNTERS,  VENISON
PROCESSORS,  AND CHARITABLE ORGANIZATIONS WITH FARMERS THAT HAVE SURPLUS
DEER POPULATIONS TO MAXIMIZE THE AMOUNT OF  VENISON  THAT  CAN  BE  MADE
AVAILABLE TO CHARITABLE ORGANIZATIONS;
  (5) DETERMINE WHETHER OR NOT THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
TION SHOULD REVISE ITS WILDLIFE MANAGEMENT PLAN OR RECONFIGURE THE BOUN-
DARIES  OF  WILDLIFE  MANAGEMENT  REGIONS  FOR  THE  HUDSON VALLEY, WITH

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SPECIAL EMPHASIS ON ADDRESSING DEER BROWSING DAMAGE IN  FRUIT  PRODUCING
AREAS.  IN CONNECTION WITH SUCH SUGGESTED REVISIONS, SAID DEPARTMENT, IN
COOPERATION WITH  CORNELL  COOPERATIVE  EXTENSION,  SHOULD  ANALYZE  THE
FOLLOWING  FACTORS  TO  REDUCE DEER BROWSING DAMAGE AND, PERHAPS, REVISE
THE BOUNDARIES OF LOCAL WILDLIFE MANAGEMENT REGIONS:
  (I) CHARACTERISTICS OF LOCAL DEER POPULATIONS,  SUCH  AS  REPRODUCTION
CYCLES, REPLACEMENT RATES, AND THE MIX OF BUCKS, DOE, AND FAWNS;
  (II) FEEDING, MOVEMENT, AND MIGRATION PATTERNS OF DEER HERDS;
  (III)  THE  MOVEMENT  OF  DEER HERDS BETWEEN FARMS, ADJACENT LAND, AND
WITHIN THE HUDSON VALLEY;
  (IV) THE IDENTIFICATION OF SUBSTITUTE  CROPS  OR  NATURAL  SOURCES  OF
FORAGE,  SUCH  AS  ACORNS,  THAT DEER WOULD RATHER EAT THAN COMMERCIALLY
GROWN CROPS;
  (V) THE RELATIONSHIP BETWEEN CROP DAMAGE SUSTAINED  AND  THE  POSITION
AND  GEOGRAPHY OF ADJACENT LANDS THAT SERVE AS COVER AND REFUGE FOR DEER
HERDS; AND
  (VI) ANALYSIS OF THE SUBSTANTIAL VARIATIONS IN LEVELS  OF  DEER-CAUSED
DAMAGE SUFFERED BY FARMS IN THE SAME GEOGRAPHIC AREA;
  THE  TASK  FORCE  SHALL  MAKE RECOMMENDATIONS AS TO HOW THE RESPECTIVE
DEPARTMENTS AND OFFICE CAN IMPLEMENT THE TASK  FORCE'S  RECOMMENDATIONS.
SUCH DEPARTMENTS AND OFFICE ARE AUTHORIZED TO PROMULGATE RULES AND REGU-
LATIONS AND TAKE OTHER MEASURES NECESSARY TO IMPLEMENT THE PROVISIONS OF
THIS SECTION; AND
  B. IDENTIFY INNOVATIVE WAYS TO EXPAND THE DISTRIBUTION OF DEER LEGALLY
TAKEN  PURSUANT  TO  THE  PERMITS  LISTED  IN  SUBDIVISION THREE OF THIS
SECTION TO CHARITABLE OR NONPROFIT ORGANIZATIONS WHICH SERVE OR DISTRIB-
UTE FOOD TO THE POOR OR NEEDY PURSUANT TO  PARAGRAPH  C  OF  SUBDIVISION
NINE  OF SECTION 11-0917 OF THE ENVIRONMENTAL CONSERVATION LAW. THE TASK
FORCE SHOULD IDENTIFY NEW INCENTIVES TO RETAIN  THE  NUMBER  OF  PERSONS
THAT  HOLD  DEER  HUNTING  LICENSES  OR  PERMITS WHO WOULD BE WILLING TO
DONATE VENISON TO CHARITABLE OR NONPROFIT ORGANIZATIONS,  TO  STREAMLINE
THE  PROCESS TO FACILITATE THE TRANSFER OF DONATED VENISON TO CHARITABLE
OR NONPROFIT ORGANIZATIONS, TO REDUCE THE COST OF PROCESSING VENISON AND
TRANSFERRING SUCH MEAT TO  CHARITABLE  OR  NONPROFIT  ORGANIZATIONS,  TO
IDENTIFY ADDITIONAL PRIVATE AND PUBLIC SOURCES OF FUNDING TO SUPPORT THE
EXPANSION  OF  EXISTING AND PROPOSED PROGRAMS THAT DISTRIBUTE VENISON TO
THE NEEDY, TO IDENTIFY INCENTIVES TO ENCOURAGE MORE LICENSEES OR PERMIT-
TEES TO PARTICIPATE IN SUCH A PROGRAM, AND EXPLORE ANY OTHER  COURSE  OF
ACTION THAT MAY AID IN ACHIEVING THE GOALS STATED IN THIS SECTION.
  2.  THE  COMMISSIONER  AND THE COMMISSIONER OF ENVIRONMENTAL CONSERVA-
TION, IN COOPERATION  WITH  THE  SUPERINTENDENT  OF  INSURANCE  AND  THE
COMMISSIONERS OF MOTOR VEHICLES AND TRANSPORTATION, SHALL DEVELOP RECOM-
MENDATIONS  TO ADDRESS THE ITEMS CONTAINED IN PARAGRAPH A OF SUBDIVISION
ONE OF THIS SECTION. THE COMMISSIONER AND THE COMMISSIONER  OF  ENVIRON-
MENTAL CONSERVATION, IN COOPERATION WITH THE COMMISSIONERS OF HEALTH AND
TEMPORARY  AND  DISABILITY  ASSISTANCE, SHALL DEVELOP RECOMMENDATIONS TO
ADDRESS THE ITEMS CONTAINED IN PARAGRAPH B OF SUBDIVISION  ONE  OF  THIS
SECTION.
  3.  THE PERMITS REFERRED TO IN SUBDIVISION ONE OF THIS SECTION ARE THE
NUISANCE DAMAGE  PERMITS  AUTHORIZED  PURSUANT  TO  SUBDIVISION  ONE  OF
SECTION  11-0521  OF THE ENVIRONMENTAL CONSERVATION LAW, SPECIAL ANTLER-
LESS DEER LICENSES ISSUED PURSUANT TO PARAGRAPH C OF SUBDIVISION SIX  OF
SECTION  11-0903  OF THE ENVIRONMENTAL CONSERVATION LAW, DEER MANAGEMENT
ASSISTANCE PERMITS AUTHORIZED PURSUANT TO SUBDIVISION ELEVEN OF  SECTION
11-0903  OF  THE ENVIRONMENTAL CONSERVATION LAW, DEER MANAGEMENT PERMITS
AUTHORIZED PURSUANT TO SECTION 11-0903 OF THE ENVIRONMENTAL CONSERVATION

A. 1964                             4

LAW, AND ANY DEER TAKEN BY DEER LICENSES AUTHORIZED PURSUANT TO  SECTION
11-0907 OF THE ENVIRONMENTAL CONSERVATION LAW.
  4.  A.  THE  INTERAGENCY  TASK  FORCE  SHALL BE CHAIRED JOINTLY BY THE
COMMISSIONER AND THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION OR THEIR
DESIGNEES.
  B. EACH AGENCY AND OFFICE SHALL  DESIGNATE  THE  AGENCY  PERSONNEL  IT
DEEMS  APPROPRIATE  TO  PARTICIPATE IN THE INTERAGENCY TASK FORCE AND IT
SHALL BE CONVENED NO LATER THAN  ONE  HUNDRED  TWENTY  DAYS  AFTER  THIS
SECTION SHALL HAVE BECOME LAW.
  C.  THE  TASK  FORCE  MAY  ESTABLISH AN AD HOC ADVISORY COMMITTEE THAT
CONSISTS OF NO MORE THAN TWENTY PRIVATE  CITIZENS  TO  ASSIST  THE  TASK
FORCE  WITH THIS LEGISLATIVE CHARGE. THE MEMBERS OF THE ADVISORY COMMIT-
TEE SHALL RECEIVE NO  COMPENSATION  FOR  THEIR  SERVICES  BUT  SHALL  BE
ALLOWED  THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE
OF THEIR DUTIES.
  D. THE TASK FORCE MAY CONDUCT PUBLIC MEETINGS OR PUBLIC HEARINGS,  AND
SHALL  PREPARE  A  REPORT ON ITS FINDINGS AND RECOMMENDATIONS WITHIN TWO
HUNDRED SEVENTY DAYS AFTER IT SHALL  HAVE  BEEN  CONVENED.  SUCH  REPORT
SHALL  BE  SUBMITTED TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE,
SPEAKER OF THE ASSEMBLY, AND THE MINORITY  LEADERS  OF  THE  SENATE  AND
ASSEMBLY.  THE TASK FORCE MAY ISSUE ADDITIONAL REPORTS OR STUDIES BEFORE
THE EXPIRATION OF THIS SECTION.
  5. THIS SECTION SHALL APPLY TO THE "HUDSON  VALLEY",  WHICH,  FOR  THE
PURPOSES  OF  THIS  SECTION,  MEANS  THE COUNTIES OF COLUMBIA, DUTCHESS,
GREENE, ORANGE, PUTNAM, ROCKLAND, ULSTER, AND WESTCHESTER.
  S 4. This act shall take effect immediately and shall  expire  and  be
deemed repealed June 30, 2019.