S T A T E   O F   N E W   Y O R K
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    S. 4419--A                                            A. 6428--A

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             March 27, 2013
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Environmental
  Conservation  -- recommitted to the Committee on Environmental Conser-
  vation  in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Environmental Conservation -- recommitted  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

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  authorizing the towns of  East  Hampton,  Riverhead,  Shelter  Island,
  Southold, and Southampton in the county of Suffolk to adopt local laws
  in certain cases related to the taking of wild deer; 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 recent  population  explosion  of
white-tailed  deer  (Odocoileus  virginianus)  on  Eastern  Long  Island
threatens public health, public safety, personal property, and the envi-
ronment. Local municipal deer management plans describe the uncontrolled
increase in population as  an  emergency,  crisis  situation,  requiring
immediate action.
  There  are several indicators of the crisis. Tick borne illnesses such
as Lyme disease, Babisiosis and Ehrlichiosis have increased exponential-
ly.  The incidence of reported deer/vehicle collisions on  eastern  Long
Island  has  increased.  The incidence of property damage complaints has
increased, including huge financial  losses  to  the  region's  critical
agricultural economy.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07368-05-4
              

S. 4419--A                          2                         A. 6428--A

  Environmentally speaking, the preserved lands and native landscapes of
the  East  End are being destroyed. Increased browsing on deer-preferred
plants has changed the type and species of plants that can  survive  and
withstand the destruction. Rare wildflowers and common native herbaceous
plants  have declined. Forested lands show a clear browse line, and tree
saplings are now not surviving. Intense browsing of native  species  has
also  led  to  an  increase  in  invasive plant species which cause even
further destruction to natural habitats. The  environmental  changes  in
and degradation of these native habitats displaces wildlife. These long-
term  changes  adversely  impact  the integrity of eastern Long Island's
ecosystems.
  This legislation  would  give  local  towns  on  eastern  Long  Island
increased  authority  to  implement  the state and local deer management
plan goal of reducing deer populations by  providing  increased  hunting
opportunities where local conditions allow. Without controlling the deer
population, human health and safety will continue to be put in jeopardy.
  S  2.  Subdivision 7 of section 11-0903 of the environmental conserva-
tion law is amended by adding a new paragraph h to read as follows:
  H. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION TO THE CONTRARY,
THE TOWNS OF EAST HAMPTON,  RIVERHEAD,  SHELTER  ISLAND,  SOUTHOLD,  AND
SOUTHAMPTON  IN  THE  COUNTY OF SUFFOLK, AND VILLAGES WITHIN SAID TOWNS,
SHALL BE AUTHORIZED TO ENACT LOCAL LAWS TO: (I) PERMIT HUNTING ON SATUR-
DAY AND SUNDAY DURING SUCH SEASON; (II) PERMIT THE USE OF A LONG BOW  TO
TAKE  WILD DEER DURING SUCH SEASON IN AREAS DESIGNATED BY THE DEPARTMENT
AND THE TOWN; AND (III) TO REPEAL THE REQUIREMENT OF  A  SPECIAL  PERMIT
PROVIDED  BY  THE  DEPARTMENT  AND  ISSUED BY THE TOWN CLERK DURING SUCH
SEASON AS PROVIDED FOR BY THIS SUBDIVISION.
  S 3. Subdivision 4 of section 11-0931 of the  environmental  conserva-
tion  law,  subparagraph 3 of paragraph a as added by chapter 400 of the
laws of 1973 and subparagraph 4 of paragraph a as added by chapter 67 of
the laws of 1976, is amended to read as follows:
  4. a. No person shall:
  (1) discharge a firearm or long bow in such a way as  will  result  in
the  load  or  arrow  thereof  passing over a public highway or any part
thereof;
  (2) discharge a firearm or long bow within five hundred  feet  from  a
dwelling  house,  farm  building  or farm structure actually occupied or
used, school building, school playground, or occupied factory or church;
  (2-A) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH 2 OF PARAGRAPH  A
OF  THIS  SUBDIVISION TO THE CONTRARY, THE TOWNS OF EAST HAMPTON, RIVER-
HEAD, SHELTER  ISLAND,  SOUTHOLD,  AND  SOUTHAMPTON  IN  THE  COUNTY  OF
SUFFOLK,  AND  VILLAGES  WITHIN SAID TOWNS, SHALL BE AUTHORIZED TO ENACT
LOCAL LAWS TO PERMIT A PERSON TO DISCHARGE A LONG BOW A DISTANCE OF  NOT
LESS THAN ONE HUNDRED FIFTY FEET FROM A DWELLING HOUSE, FARM BUILDING OR
FARM  STRUCTURE ACTUALLY OCCUPIED OR USED, SCHOOL BUILDING, SCHOOL PLAY-
GROUND, OR OCCUPIED FACTORY OR CHURCH.
  (3) use a firearm or a long bow for  the  hunting  of  migratory  game
birds  in  Larchmont  Harbor, specifically those portions bounded by the
following points of land:
  BEGINNING AT A POINT KNOWN AS UMBRELLA POINT  ON  THE  EAST  SHORE  OF
LARCHMONT  HARBOR  THEN  PROCEEDING  IN  A  NORTHERLY DIRECTION TO CEDAR
ISLAND; THENCE NORTHWESTERLY TO MONROE INLET;  THENCE  NORTHEASTERLY  TO
DELANCY  COVE BEING IN THE TOWN OF MAMARONECK; THENCE IN A SOUTHWESTERLY
DIRECTION FROM DELANCY COVE TO GREACEN POINT; THENCE  RUNNING  THE  AREA
BETWEEN  DELANCY COVE AND THE WEST SHORE OF SATANS TOE NORTHEAST; THENCE

S. 4419--A                          3                         A. 6428--A

SOUTHEAST THEN ALONG THE WEST SHORE OF SATANS  TOE  SOUTHWEST  AND  THEN
SOUTH TO THE SOUTHERLY POINT OF SATANS TOE TO EDGEWATER POINT.
  (4)  Use  of a firearm or a long bow for the hunting of migratory game
birds in Udall's Cove, specifically those portions of  Little  Neck  Bay
within  Nassau  and  Queens  counties lying east of a line running north
from the foot of Douglaston Parkway to the shore opposite.
  b. The prohibitions contained in subparagraph 2 of paragraph a [above]
OF THIS SUBDIVISION shall not apply to:
  (1) The owner or lessee of the dwelling house, or members of his imme-
diate family actually residing therein, or a person in  his  employ,  or
the  guest  of the owner or lessee of the dwelling house acting with the
consent of said owner or lessee, provided however, that  nothing  herein
shall  be  deemed  to  authorize  such persons to discharge a firearm or
longbow within five hundred feet of any other dwelling house, or a  farm
building or farm structure actually occupied or used, or a school build-
ing or playground or occupied factory or church; OR IN THE TOWNS OF EAST
HAMPTON,  RIVERHEAD,  SHELTER  ISLAND,  SOUTHOLD, AND SOUTHAMPTON IN THE
COUNTY OF SUFFOLK, AND VILLAGES WITHIN SAID TOWNS, WHERE SUCH  TOWN  HAS
ADOPTED  A  LOCAL LAW CONSISTENT WITH SUBPARAGRAPH 2-A OF PARAGRAPH A OF
THIS SUBDIVISION;
  (2) Programs conducted by  public  schools  offering  instruction  and
training in the use of firearms or long bow;
  (3)  The  authorized  use of a pistol, rifle or target range regularly
operated and maintained by a police department or other law  enforcement
agency or by any duly organized membership corporation;
  (4) The discharge of a shotgun over water by a person hunting migrato-
ry  game  birds  if  no dwelling house or public structure, livestock or
person is situated in the line of discharge less than five hundred  feet
from the point of discharge.
  S 4. This act shall take effect immediately, and provided further that
this  act  shall  expire  December  31,  2015  when  upon  such date the
provisions of this act and any local laws enacted pursuant to  this  act
shall be deemed repealed.