NY State Senate Bill 2023-S9023B

Current Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 16, 2024	print number 9023b
May 16, 2024	amend (t) and recommit to environmental conservation
May 13, 2024	print number 9023a
May 13, 2024	amend and recommit to environmental conservation
Apr 10, 2024	referred to environmental conservation

Bill Amendments

Original

B (Active)

2023-S9023 - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §11-0522-b, amd §§11-0505, 11-0901 & 11-0931, En Con L

2023-S9023 - Summary

Establishes a town of Huntington deer management pilot program.

2023-S9023 - Sponsor Memo

                                 
BILL NUMBER: S9023

SPONSOR: MATTERA
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
establishing a town of Huntington deer management pilot program; and
providing for the repeal of such provisions upon expiration thereof

 
PURPOSE:

To establish a Town of Huntington deer management pilot program.

 
SUMMARY OF PROVISIONS:

Section 1: The environmental conservation law is amended by adding a new
section 11-0522-a to establish a Town of Huntington deer management
pilot program. A certified nuisance wildlife specialist, who has been
certified by the department and at minimum requires a minimum level of
marksmanship certification appropriate to the firearm or hunting imple-
ment to be used, liability insurance coverage or other financial
arrangements approved by the department and reporting requirements.

The department may, after reviewing the town of Huntington's site
specific deer management plan, issue a certified nuisance wildlife
specialist a deer cull permit for use within boundaries of the Town of
Huntington.

Each cull-permit application shall at a minimum include requirements
for: a timeframe of use, a site-specific deer management plan, a
geographic description of the area for which the permit is being
requested, a written contract with the Town of Huntington, and requests
for any authorization pursuant to subdivisions of sections.  Nothing in
this section shall be construed as requiring or obligating the depart-
ment to issue a permit to take deer when in its opinion the nuisance
will not be effectively abated.

Section 2: A certified nuisance wildlife specialist may provide activ-
ities which are in furtherance of the site-specific deer management
plan. The specialist may entice deer in the manner prohibited in subdi-
vision eight of this section provided that such activities are in furth-
erance of the site-specific deer management plan.

Section 6: A certified nuisance wildlife specialist may discharge a
firearm within five hundred feet of any dwelling houses, structures,
schools or playgrounds, provided the owners or lessees thereof have been
notified by certified mail of the date and time of the expected activ-
ity, and discharge a firearm within two hundred and fifty feet of any
dwelling houses, structures, schools or playgrounds, provided the owners
or lessees thereof have provided written consent.

Section 9: Identifies effective date.

 
JUSTIFICATION:

As stated on the Deprtment of Environmental Conservation's website, deer
play vital roles in the natural and cultural environment of New York
State and are highly valued for their beauty and grace as well as the
utilitarian benefits they provide. However, the abundance of deer in
many parts of the state is causing an increased number of problems,
particularly in suburban and urban areas. In a paper on Deer Management
from Binghampton University, it was noted that there were dramatic
increases in deer numbers leading to overpopulation. In New York alone,
deer numbers rose from around 20,000 in the early 1900s to a current
population of over 1 million. The World Population Review currently has
the numbers in New York for 2024 listed at 1.2 million. Suffolk county
is estimated to have between 25,000 and 36,000 deer.

In the Town of Huntington, the over-abundance of deer is causing adverse
effects. As noted in a letter from November 2016 from the Mayor of the
Incorporated Village of Lloyd Harbor to its residents, "the explosion of
the deer population is of the utmost concern". In a Village Deer Survey
where approximately 33% of the residents responded:63% reported daily
sightings of deer, 95% reported property damage due to the deer popu-
lation, there were 81 reports of tick-borne illnesses and 24% reported
deer-vehicle collisions within the preceding five years.

Based on insurance claims, State Farm estimates that there are over
70,000 deer-vehicle collisions annually in New York and that nationally
the average property-damage cost per collision is over $4,000. Losses
are not limited to property;. in 2015 (the most recent year for which
data is available) 238 people were killed in the U.S.  due to vehicles
striking or attempting to avoid an animal, many of which were most like-
ly deer.

Additionally, deer browsing on ornamental trees, shrubbery, and gardens
in suburban and residential financially impacts homeowners.  Wildlife
damages incurred by metropolitan residents in the U.S. have been esti-
mated at $4.5 billion annually. This is in addition to spending billions
of dollars and thousands of hours trying to solve or prevent the prob-
lem.

This bill will help to mitigate these rising problems by reducing the
number of deer through the establishment of a Town of Huntington deer
management pilot program and implemented by the NYSDEC. By using a
certified nuisance wildlife specialist with a cull permit the reduction
in the number of deer in the area will be done in a safe and profes-
sional manner.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law and shall expire and be deemed
repealed three years after such date; provided that the amendments to
subdivision 3 of section 11-505, subdivision 2 of section 11-0931 of the
environmental conservation law made by sections two, four, and six of
this act shall be subject to the expiration and reversion of such
provisions pursuant to section six of chapter 683 of the laws of 2023
and section six of chapter 704 of the laws of 2023, when upon such date
the provisions of sections, three, five, and seven of this act shall
take effect.

2023-S9023 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9023
 
                             I N  S E N A T E
 
                              April 10, 2024
                                ___________
 
 Introduced  by  Sen. MATTERA -- 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
   establishing  a  town of Huntington deer management pilot program; 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.  The environmental conservation law is amended by adding a
 new section 11-0522-b to read as follows:
 § 11-0522-B. TOWN OF HUNTINGTON DEER MANAGEMENT PILOT PROGRAM.
   1. FOR THE PURPOSES OF  THIS  SECTION,  "CERTIFIED  NUISANCE  WILDLIFE
 SPECIALIST" SHALL MEAN AN EMPLOYEE OF OR A CONTRACTOR FOR THE FEDERAL OR
 STATE GOVERNMENT RESPONSIBLE FOR WILDLIFE MANAGEMENT AND ACTING PURSUANT
 TO  A  DEER MANAGEMENT PLAN, WHO HAS BEEN CERTIFIED BY THE DEPARTMENT AS
 COMPLYING WITH THE CRITERIA ESTABLISHED BY  THE  DEPARTMENT  THAT  AT  A
 MINIMUM REQUIRE:
   A.  A  MINIMUM  LEVEL OF MARKSMANSHIP CERTIFICATION APPROPRIATE TO THE
 FIREARM OR HUNTING IMPLEMENT  TO  BE  USED,  INCLUDING  ONGOING  CERTIF-
 ICATION;
   B. LIABILITY INSURANCE COVERAGE LEVELS OR OTHER FINANCIAL ARRANGEMENTS
 APPROVED BY THE DEPARTMENT; AND
   C. REPORTING REQUIREMENTS.
   2.  THE DEPARTMENT MAY, AFTER REVIEWING THE TOWN OF HUNTINGTON'S SITE-
 SPECIFIC DEER MANAGEMENT PLAN, AND UPON A FINDING BY THE TOWN  OF  HUNT-
 INGTON  THAT  DEER  HAVE  BECOME  A  NUISANCE,  DESTRUCTIVE TO PUBLIC OR
 PRIVATE PROPERTY OR A THREAT TO PUBLIC HEALTH OR WELFARE, ISSUE A CERTI-
 FIED NUISANCE WILDLIFE SPECIALIST A DEER CULL PERMIT FOR USE WITHIN  THE
 BOUNDARIES OF THE TOWN OF HUNTINGTON.
   3.  EACH  CULL  PERMIT APPLICATION SHALL AT A MINIMUM INCLUDE REQUIRE-
 MENTS FOR: THE TIMEFRAME DURING WHICH THE PERMIT MUST BE USED,  A  SITE-
 SPECIFIC  DEER MANAGEMENT PLAN, A GEOGRAPHIC DESCRIPTION OF THE AREA FOR
 WHICH THE PERMIT IS BEING REQUESTED, A WRITTEN CONTRACT WITH THE TOWN OF
 HUNTINGTON, REQUESTS FOR  ANY  AUTHORIZATION  PURSUANT  TO  SUBDIVISIONS
 THREE-A  AND  ELEVEN OF SECTION 11-0505 OF THIS TITLE, SUBDIVISION TWO-A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13879-02-4
 S. 9023                             2
 
 OF SECTION 11-0901 OF THIS ARTICLE, AND SUBDIVISIONS TWO-A AND FOUR-A OF
 SECTION 11-0931 OF THIS ARTICLE, PROVIDED THAT  ANY  SUCH  AUTHORIZATION
 SUBSEQUENTLY  GRANTED  SHALL  BE EXPLICITLY INCLUDED ON ANY CULL PERMIT,
 AND DETAILS REGARDING EXPECTED LOCAL LAW ENFORCEMENT PARTICIPATION.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING OR OBLIGAT-
 ING  THE  DEPARTMENT  TO ISSUE A PERMIT TO TAKE DEER WHEN IN ITS OPINION
 THE NUISANCE, DESTRUCTION OF PROPERTY OR THREAT  TO  PUBLIC  HEALTH  AND
 WELFARE WILL NOT BE EFFECTIVELY ABATED THEREBY.
   §  2. Section 11-0505 of the environmental conservation law is amended
 by adding two new subdivisions 3-a and 11 to read as follows:
   3-A. NOTWITHSTANDING SUBDIVISION THREE OF THIS SECTION,  A  SALT  LICK
 MAY  BE  MADE,  SET,  OR  USED  UPON LAND INHABITED BY DEER OR BEAR BY A
 NUISANCE WILDLIFE SPECIALIST WITH A PERMIT ISSUED  PURSUANT  TO  SECTION
 11-0522-B OF THIS TITLE PROVIDED THAT SUCH ACTIVITIES ARE IN FURTHERANCE
 OF THE SITE-SPECIFIC DEER MANAGEMENT PLAN.
   11.  A  NUISANCE  WILDLIFE SPECIALIST WITH A PERMIT ISSUED PURSUANT TO
 SECTION 11-0522-B OF THIS TITLE MAY, IN ACCORDANCE WITH  THE  PARAMETERS
 OF  SUCH  PERMIT  AND  THE CONSULTATION OF LOCAL LAW ENFORCEMENT, ENTICE
 DEER IN THE MANNER PROHIBITED  IN  SUBDIVISION  EIGHT  OF  THIS  SECTION
 PROVIDED  THAT  SUCH  ACTIVITIES ARE IN FURTHERANCE OF THE SITE-SPECIFIC
 DEER MANAGEMENT PLAN.
   § 3. Section 11-0901 of the environmental conservation law is  amended
 by adding a new subdivision 2-a to read as follows:
   2-A.  NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, WILDLIFE MAY BE
 TAKEN BY A NUISANCE WILDLIFE SPECIALIST WITH A PERMIT ISSUED PURSUANT TO
 SECTION 11-0522-B OF THIS ARTICLE PROVIDED THAT SUCH ACTIVITIES  ARE  IN
 FURTHERANCE OF THE SITE-SPECIFIC DEER MANAGEMENT PLAN.
   §  4. Section 11-0931 of the environmental conservation law is amended
 by adding two new subdivisions 2-a and 4-a to read as follows:
   2-A. NO PERSON EXCEPT A LAW ENFORCEMENT OFFICER IN THE PERFORMANCE  OF
 SUCH  OFFICER'S OFFICIAL DUTIES OR A NUISANCE WILDLIFE SPECIALIST WITH A
 PERMIT ISSUED PURSUANT TO SECTION 11-0522-B OF  THIS  ARTICLE,  PROVIDED
 THAT  SUCH  ACTIVITIES  ARE  IN  FURTHERANCE  OF  THE SITE-SPECIFIC DEER
 MANAGEMENT PLAN, SHALL, WHILE IN OR ON A MOTOR VEHICLE, USE A JACKLIGHT,
 SPOTLIGHT OR OTHER ARTIFICIAL LIGHT UPON LANDS INHABITED BY DEER IF SUCH
 PERSON IS IN POSSESSION  OR  IS  ACCOMPANIED  BY  A  PERSON  WHO  IS  IN
 POSSESSION, AT THE TIME OF SUCH USE, OF A LONGBOW, CROSSBOW OR A FIREARM
 OF ANY KIND EXCEPT A PISTOL OR REVOLVER, UNLESS SUCH LONGBOW OR CROSSBOW
 IS  UNSTRUNG  OR  SUCH  FIREARM  OR  CROSSBOW  IS TAKEN DOWN OR SECURELY
 FASTENED IN A CASE OR LOCKED IN THE TRUNK OF THE VEHICLE.  FOR  PURPOSES
 OF  THIS  SUBDIVISION,  MOTOR  VEHICLE SHALL MEAN EVERY VEHICLE OR OTHER
 DEVICE OPERATED BY ANY POWER OTHER THAN MUSCLE POWER,  AND  WHICH  SHALL
 INCLUDE  BUT  NOT  BE LIMITED TO AUTOMOBILES, TRUCKS, MOTORCYCLES, TRAC-
 TORS, TRAILERS AND MOTORBOATS, SNOWMOBILES  AND  SNOWTRAVELERS,  WHETHER
 OPERATED  ON  OR  OFF PUBLIC HIGHWAYS. NOTWITHSTANDING THE PROVISIONS OF
 THIS SUBDIVISION, THE DEPARTMENT MAY ISSUE A PERMIT TO ANY PERSON WHO IS
 NON-AMBULATORY, EXCEPT WITH THE USE OF A MECHANIZED AID,  TO  POSSESS  A
 LOADED  FIREARM  IN  OR  ON  A MOTOR VEHICLE AS DEFINED IN THIS SECTION,
 SUBJECT TO SUCH RESTRICTIONS AS THE DEPARTMENT MAY DEEM NECESSARY IN THE
 INTEREST OF  PUBLIC  SAFETY.    NOTHING  IN  THIS  SECTION  PERMITS  THE
 POSSESSION OF A PISTOL OR A REVOLVER CONTRARY TO THE PENAL LAW.
   4-A.  THE PROHIBITIONS CONTAINED IN SUBPARAGRAPH TWO OF PARAGRAPH A OF
 SUBDIVISION FOUR OF THIS SECTION SHALL NOT APPLY TO A NUISANCE  WILDLIFE
 SPECIALIST  WITH  A  PERMIT ISSUED PURSUANT TO SECTION 11-0522-B OF THIS
 ARTICLE ACTING IN FURTHERANCE OF THE SITE SPECIFIC DEER MANAGEMENT PLAN;
 PROVIDED, HOWEVER: (A) PRIOR TO THE DISCHARGE OF A FIREARM  WITHIN  FIVE
 S. 9023                             3
 
 HUNDRED FEET OF ANY DWELLING HOUSES, STRUCTURES, SCHOOLS OR PLAYGROUNDS,
 THE  OWNERS  OR  LESSEES THEREOF HAVE BEEN NOTIFIED BY CERTIFIED MAIL OF
 THE DATE OR DATES AND TIME PERIOD OF  THE  EXPECTED  ACTIVITY;  AND  (B)
 PRIOR  TO  THE DISCHARGE A FIREARM WITHIN TWO HUNDRED FIFTY FEET OF SUCH
 DWELLING HOUSES, STRUCTURES, SCHOOLS OR PLAYGROUNDS ALL  THE  OWNERS  OR
 LESSEES THEREOF HAVE PROVIDED WRITTEN CONSENT.
   § 5. The department of environmental conservation, following consulta-
 tion  with  the  town of Huntington shall prepare a report examining the
 effectiveness of the town of Huntington deer  management  pilot  program
 established pursuant to section 11-0522-b of the environmental conserva-
 tion  law  in  addressing  deer  overpopulation and the effectiveness in
 addressing destruction to public or private  property  in  the  town  of
 Huntington as well as the impacts on surrounding communities. The report
 shall include estimates regarding the size of the deer population in the
 town  of  Huntington prior to the issuance of deer cull permits pursuant
 to section 11-0522-b of the environmental conservation law,  the  number
 of  cull  permits issued, and the number of deer taken. The report shall
 also include recommendations for  program  improvements,  including  the
 potential effectiveness of authorizing future programs. The report shall
 be delivered to the governor, the speaker of the assembly and the tempo-
 rary  president  of the senate, as well as published on the department's
 public website, no later than thirty months after the effective date  of
 this act.
   §  6. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law and shall expire and be
 deemed repealed three years after such date.

2023-S9023A - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §11-0522-b, amd §§11-0505, 11-0901 & 11-0931, En Con L

2023-S9023A - Summary

Establishes a town of Huntington deer management pilot program.

2023-S9023A - Sponsor Memo

                                 
BILL NUMBER: S9023A

SPONSOR: MATTERA
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
establishing a town of Huntington deer management pilot program; and
providing for the repeal of such provisions upon expiration thereof

 
PURPOSE:

To establish a Town of Huntington deer management pilot program.

 
SUMMARY OF PROVISIONS:

Section 1: The environmental conservation law is amended by adding a new
section 11-0522-a to establish a Town of Huntington deer management
pilot program. A certified nuisance wildlife specialist, who has been
certified by the department and at minimum requires a minimum level of
marksmanship certification appropriate to the firearm or hunting imple-
ment to be used, liability insurance coverage or other financial
arrangements approved by the department and reporting requirements.

The department may, after reviewing the town of Huntington's site
specific deer management plan, issue a certified nuisance wildlife
specialist a deer cull permit for use within boundaries of the Town of
Huntington.

Each cull-permit application shall at a minimum include requirements
for: a timeframe of use, a site-specific deer management plan, a
geographic description of the area for which the permit is being
requested, a written contract with the Town of Huntington, and requests
for any authorization pursuant to subdivisions of sections.  Nothing in
this section shall be construed as requiring or obligating the depart-
ment to issue a permit to take deer when in its opinion the nuisance
will not be effectively abated.

Section 2: A certified nuisance wildlife specialist may provide activ-
ities which are in furtherance of the site-specific deer management
plan. The specialist may entice deer in the manner prohibited in subdi-
vision eight of this section provided that such activities are in furth-
erance of the site-specific deer management plan.

Section 6: A certified nuisance wildlife specialist may discharge a
firearm within five hundred feet of any dwelling houses, structures,
schools or playgrounds, provided the owners or lessees thereof have been
notified by certified mail of the date and time of the expected activ-
ity, and discharge a firearm within two hundred and fifty feet of any
dwelling houses, structures, schools or playgrounds, provided the owners
or lessees thereof have provided written consent.

Section 9: Identifies effective date.

 
JUSTIFICATION:

As stated on the Deprtment of Environmental Conservation's website, deer
play vital roles in the natural and cultural environment of New York
State and are highly valued for their beauty and grace as well as the
utilitarian benefits they provide. However, the abundance of deer in
many parts of the state is causing an increased number of problems,
particularly in suburban and urban areas. In a paper on Deer Management
from Binghampton University, it was noted that there were dramatic
increases in deer numbers leading to overpopulation. In New York alone,
deer numbers rose from around 20,000 in the early 1900s to a current
population of over 1 million. The World Population Review currently has
the numbers in New York for 2024 listed at 1.2 million. Suffolk county
is estimated to have between 25,000 and 36,000 deer.

In the Town of Huntington, the over-abundance of deer is causing adverse
effects. As noted in a letter from November 2016 from the Mayor of the
Incorporated Village of Lloyd Harbor to its residents, "the explosion of
the deer population is of the. utmost concern". In a Village Deer Survey
where approximately 33% of the residents responded:63% reported daily
sightings of deer, 95% reported property damage due to the deer popu-
lation, there were 81 reports of tick-borne illnesses and 24% reported
deer-vehicle collisions within the preceding five years.

Based on insurance claims, State Farm estimates that there are over
70,000 deer-vehicle collisions annually in New York and that nationally
the average property-damage cost per collision is over $4,000. Losses
are not limited to property;. in 2015 (the most recent year for which
data is available) 238 people were killed in the U.S.  due to vehicles
striking or attempting to avoid an animal, many of which were most like-
ly deer.

Additionally, deer browsing on ornamental trees, shrubbery, and gardens
in suburban and residential financially impacts homeowners.  Wildlife
damages incurred by metropolitan residents in the U.S. have been esti-
mated at $4.5 billion annually. This is in addition to spending billions
of dollars and thousands of hours trying to solve or prevent the prob-
lem.

This bill will help to mitigate these rising problems by reducing the
number of deer through the establishment of a Town of Huntington deer
management pilot program and implemented by the NYSDEC. By using a
certified nuisance wildlife specialist with a cull permit the reduction
in the number of deer in the area will be done in a safe and profes-
sional manner.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law and shall expire and be deemed
repealed three years after such date; provided that the amendments to
subdivision 3 of section 11-505, subdivision 2 of section 11-0931 of the
environmental conservation law made by sections two, four, and six of
this act shall be subject to the expiration and reversion of such
provisions pursuant to section six of chapter 683 of the laws of 2023
and section six of chapter 704 of the laws of 2023, when upon such date
the provisions of sections, three, five, and seven of this act shall
take effect.

2023-S9023A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9023--A
 
                             I N  S E N A T E
 
                              April 10, 2024
                                ___________
 
 Introduced  by  Sen. MATTERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- 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 town of Huntington deer management pilot  program;  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. The environmental conservation law is amended by  adding  a
 new section 11-0522-b to read as follows:
 § 11-0522-B. TOWN OF HUNTINGTON DEER MANAGEMENT PILOT PROGRAM.
   1.  FOR  THE  PURPOSES OF THIS SECTION, "NUISANCE WILDLIFE SPECIALIST"
 SHALL MEAN AN EMPLOYEE OF OR A  CONTRACTOR  FOR  THE  FEDERAL  OR  STATE
 GOVERNMENT RESPONSIBLE FOR WILDLIFE MANAGEMENT ACTING PURSUANT TO A DEER
 MANAGEMENT  PLAN  AND  DEER  CULL PERMIT. A NUISANCE WILDLIFE SPECIALIST
 MUST BE IN COMPLIANCE WITH CRITERIA ESTABLISHED BY THE  DEPARTMENT  THAT
 AT A MINIMUM SHALL REQUIRE:
   A.  A  MINIMUM LEVEL OF MARKSMANSHIP QUALIFICATIONS APPROPRIATE TO THE
 FIREARM OR HUNTING IMPLEMENT TO BE USED;
   B. LIABILITY INSURANCE COVERAGE OR OTHER FINANCIAL ARRANGEMENTS  IDEN-
 TIFIED BY THE DEPARTMENT;
   C.  A  COPY OF THE CULL PERMIT AND A COPY OF THE LOG OF NUISANCE WILD-
 LIFE SPECIALISTS USING THE PERMIT, BE ON THE NUISANCE WILDLIFE  SPECIAL-
 IST'S PERSON WHEN EXERCISING ANY PRIVILEGE OF SUCH PERMIT; AND
   D. REPORTING REQUIREMENTS.
   2.  THE  DEPARTMENT MAY, AFTER REVIEWING THE TOWN OF HUNTINGTON'S CULL
 PERMIT APPLICATION AND SITE-SPECIFIC DEER MANAGEMENT PLAN,  AND  UPON  A
 FINDING  BY  THE  TOWN  OF  HUNTINGTON THAT DEER HAVE BECOME A NUISANCE,
 DESTRUCTIVE TO PUBLIC OR PRIVATE PROPERTY OR A THREAT TO  PUBLIC  HEALTH
 OR  WELFARE,  ISSUE  A DEER CULL PERMIT FOR USE WITHIN THE BOUNDARIES OF
 THE TOWN OF HUNTINGTON, AUTHORIZING USE OF A NUISANCE WILDLIFE  SPECIAL-
 IST TO TAKE DEER PURSUANT TO THE TERMS OF THE DEER CULL PERMIT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13879-05-4

 S. 9023--A                          2
 
   3.  EACH  CULL  PERMIT APPLICATION SHALL AT A MINIMUM INCLUDE REQUIRE-
 MENTS FOR: THE TIMEFRAME DURING WHICH THE PERMIT MUST BE USED,  A  SITE-
 SPECIFIC  DEER MANAGEMENT PLAN, A GEOGRAPHIC DESCRIPTION OF THE AREA FOR
 WHICH THE PERMIT IS BEING REQUESTED, A WRITTEN CONTRACT WITH THE TOWN OF
 HUNTINGTON,  A  LIST  WHICH  IDENTIFIES  PARTICIPATING NUISANCE WILDLIFE
 SPECIALISTS AND ELIGIBILITY BASED ON THE  CRITERIA  ESTABLISHED  BY  THE
 DEPARTMENT,  PROVIDED BY THE CITY OF SYRACUSE, REQUESTS FOR ANY AUTHORI-
 ZATION PURSUANT TO SUBDIVISIONS THREE-A AND ELEVEN OF SECTION 11-0505 OF
 THIS TITLE, SUBDIVISION TWO-A OF SECTION 11-0901 OF  THIS  ARTICLE,  AND
 SUBDIVISIONS  TWO-A  AND  FOUR-A  OF  SECTION  11-0931  OF THIS ARTICLE,
 PROVIDED THAT ANY  SUCH  AUTHORIZATION  SUBSEQUENTLY  GRANTED  SHALL  BE
 EXPLICITLY  INCLUDED  ON ANY CULL PERMIT, AND DETAILS REGARDING EXPECTED
 LOCAL LAW ENFORCEMENT CONSULTATION.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING OR OBLIGAT-
 ING THE DEPARTMENT TO ISSUE A PERMIT TO TAKE DEER WHEN  IN  ITS  OPINION
 THE  NUISANCE,  DESTRUCTION  OF  PROPERTY OR THREAT TO PUBLIC HEALTH AND
 WELFARE WILL NOT BE EFFECTIVELY ABATED THEREBY.
   § 2. Section 11-0505 of the environmental conservation law is  amended
 by adding two new subdivisions 3-a and 11 to read as follows:
   3-A.  NOTWITHSTANDING  SUBDIVISION  THREE OF THIS SECTION, A SALT LICK
 MAY BE MADE, SET, OR USED UPON LAND INHABITED  BY  DEER  OR  BEAR  BY  A
 NUISANCE  WILDLIFE  SPECIALIST  WITH A PERMIT ISSUED PURSUANT TO SECTION
 11-0522-B OF THIS TITLE PROVIDED THAT SUCH ACTIVITIES ARE IN FURTHERANCE
 OF THE SITE-SPECIFIC DEER MANAGEMENT PLAN.
   11. A NUISANCE WILDLIFE SPECIALIST WITH A PERMIT  ISSUED  PURSUANT  TO
 SECTION  11-0522-B  OF THIS TITLE MAY, IN ACCORDANCE WITH THE PARAMETERS
 OF SUCH PERMIT AND THE CONSULTATION OF  LOCAL  LAW  ENFORCEMENT,  ENTICE
 DEER  IN  THE  MANNER  PROHIBITED  IN  SUBDIVISION EIGHT OF THIS SECTION
 PROVIDED THAT SUCH ACTIVITIES ARE IN FURTHERANCE  OF  THE  SITE-SPECIFIC
 DEER MANAGEMENT PLAN.
   §  3. Section 11-0901 of the environmental conservation law is amended
 by adding a new subdivision 2-a to read as follows:
   2-A. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, WILDLIFE MAY  BE
 TAKEN BY A NUISANCE WILDLIFE SPECIALIST WITH A PERMIT ISSUED PURSUANT TO
 SECTION  11-0522-B  OF THIS ARTICLE PROVIDED THAT SUCH ACTIVITIES ARE IN
 FURTHERANCE OF THE SITE-SPECIFIC DEER MANAGEMENT PLAN.
   § 4. Subdivision 2 and subparagraph 1 of paragraph b of subdivision  4
 of  section 11-0931 of the environmental conservation law, as separately
 amended by chapters 65 and 83 of the laws of 2024, are amended  to  read
 as follows:
   2.  a.  No  crossbow  or  firearm except a pistol or revolver shall be
 carried or possessed in or on a motor vehicle unless it is uncocked, for
 a crossbow or unloaded, for a firearm in both the chamber and the  maga-
 zine,  except that a loaded firearm which may be legally used for taking
 migratory game birds may be carried or possessed in  a  motorboat  while
 being  legally  used  in  hunting migratory game birds, and b. no person
 except a law enforcement officer in the performance of [his] THEIR offi-
 cial duties or a nuisance  wildlife  specialist  with  a  permit  issued
 pursuant to [section 11-0522 of] this article, provided that such activ-
 ities  are in furtherance of the site-specific deer management plan, [or
 a nuisance wildlife specialist with a permit issued pursuant to  section
 11-0522-a of this article, provided that such activities are in further-
 ance of the site-specific deer management plan,] shall, while in or on a
 motor vehicle, use a jacklight, spotlight or other artificial light upon
 lands inhabited by deer if [he or she is] THEY ARE in possession or [is]
 ARE  accompanied  by  a person who is in possession, at the time of such
 S. 9023--A                          3

 use, of a longbow, crossbow or a firearm of any kind except a pistol  or
 revolver, unless such longbow or crossbow is unstrung or such firearm or
 crossbow  is  taken down or securely fastened in a case or locked in the
 trunk  of  the  vehicle. For purposes of this subdivision, motor vehicle
 shall mean every vehicle or other device operated  by  any  power  other
 than muscle power, and which shall include but not be limited to automo-
 biles,  trucks,  motorcycles, tractors, trailers and motorboats, snowmo-
 biles and snowtravelers, whether operated on  or  off  public  highways.
 Notwithstanding  the  provisions of this subdivision, the department may
 issue a permit to any person who is non-ambulatory, except with the  use
 of  a mechanized aid, to possess a loaded firearm in or on a motor vehi-
 cle as defined in this section, subject  to  such  restrictions  as  the
 department  may deem necessary in the interest of public safety. Nothing
 in this section permits the possession of a pistol or a revolver contra-
 ry to the penal law.
   (1) The owner or lessee of the dwelling house,  or  members  of  [his]
 THEIR  immediate  family actually residing therein, or a person in [his]
 THE employ OF SUCH OWNER OR LESSEE, 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  within five hundred feet, a long bow
 within one hundred fifty feet, or a crossbow within  two  hundred  fifty
 feet  of  any other dwelling house, or a farm building or farm structure
 actually occupied or used, or a school building  or  playground,  public
 structure,  or  occupied  factory  or  church;  provided further, that a
 nuisance wildlife specialist with a permit issued pursuant  to  [section
 11-0522 of] this article acting in furtherance of the site specific deer
 management  plan may discharge a firearm within five hundred feet of any
 dwelling houses, structures, schools or playgrounds, provided  that  the
 owners  or  lessees  thereof have been notified by certified mail of the
 date or dates, and time period of the expected activity, and discharge a
 firearm within two hundred fifty feet of such  dwelling  houses,  struc-
 tures,  schools  or  playgrounds provided that all the owners or lessees
 thereof  have  provided  written  consent[;  provided  further,  that  a
 nuisance  wildlife  specialist  with a permit issued pursuant to section
 11-0522-a of this article acting in  furtherance  of  the  site-specific
 deer management plan may discharge a firearm within five hundred feet of
 any  dwelling  houses, structures, schools or playgrounds, provided that
 the owners or lessees thereof have been notified by  certified  mail  of
 the  date  or  dates  and  time  period  of  the  expected activity, and
 discharge a firearm within two hundred fifty feet of such dwelling hous-
 es, structures, schools or playgrounds provided that all the  owners  or
 lessees thereof have provided written consent];
   § 5. The department of environmental conservation, following consulta-
 tion  with  the  town of Huntington shall prepare a report examining the
 effectiveness of the town of Huntington deer  management  pilot  program
 established pursuant to section 11-0522-b of the environmental conserva-
 tion  law  in  addressing  deer  overpopulation and the effectiveness in
 addressing destruction to public or private  property  in  the  town  of
 Huntington.  The report shall include the number of cull permits issued,
 and the number of deer taken. The report shall also include  recommenda-
 tions for program improvements, including the potential effectiveness of
 authorizing future programs. The report shall be delivered to the gover-
 nor,  the  speaker  of  the  assembly and the temporary president of the
 senate, as well as published on  the  department's  public  website,  no
 later than thirty months after the effective date of this act.
 S. 9023--A                          4
 
   §  6. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law and sections one,  two,
 three  and  five  shall  expire and be deemed repealed three years after
 such date; provided further, however, that the amendments to subdivision
 2  and subparagraph 1 of paragraph b of subdivision 4 of section 11-0931
 of the environmental conservation law made by section four of  this  act
 shall  survive the expiration and reversion of such subdivision and such
 paragraph as provided in section 6 of chapters 683 and 704 of  the  laws
 of 2023, as amended.

2023-S9023B (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §11-0522-b, amd §§11-0505, 11-0901 & 11-0931, En Con L

2023-S9023B (ACTIVE) - Summary

Establishes a town of Huntington deer management pilot program.

2023-S9023B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9023B

SPONSOR: MATTERA
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
establishing a town of Huntington deer management pilot program; and
providing for the repeal of certain provisions upon expiration thereof

 
PURPOSE:

To establish a Town of Huntington deer management pilot program.

 
SUMMARY OF PROVISIONS:

Section 1: The environmental conservation law is amended by adding a new
section 11-0522-a to establish a Town of Huntington deer management
pilot program. A certified nuisance wildlife specialist, who has been
certified by the department and at minimum requires a minimum level of
marksmanship certification appropriate to the firearm or hunting imple-
ment to be used, liability insurance coverage or other financial
arrangements approved by the department and reporting requirements.

The department may, after reviewing the town of Huntington's site
specific deer management plan, issue a certified nuisance wildlife
specialist a deer cull permit for use within boundaries of the Town of
Huntington.

Each cull-permit application shall at a minimum include requirements
for: a timeframe of use, a site-specific deer management plan, a
geographic description of the area for which the permit is being
requested, a written contract with the Town of Huntington, and requests
for any authorization pursuant to subdivisions of sections.  Nothing in
this section shall be construed as requiring or obligating the depart-
ment to issue a permit to take deer when in its opinion the nuisance
will not be effectively abated.

Section 2: A certified nuisance wildlife specialist may provide activ-
ities which are in furtherance of the site-specific deer management
plan. The specialist may entice deer in the manner prohibited in subdi-
vision eight of this section provided that such activities are in furth-
erance of the site-specific deer management plan.

Section 6: A certified nuisance wildlife specialist may discharge a
firearm within five hundred feet of any dwelling houses, structures,
schools or playgrounds, provided the owners or lessees thereof have been
notified by certified mail of the date and time of the expected activ-
ity, and discharge a firearm within two hundred and fifty feet of any
dwelling houses, structures, schools or playgrounds, provided the owners
or lessees thereof have provided written consent.

Section 9: Identifies effective date.

 
JUSTIFICATION:

As stated on the Deprtment of Environmental Conservation's website, deer
play vital roles in the natural and cultural environment of New York
State and are highly valued for their beauty and grace as well as the
utilitarian benefits they provide. However, the abundance of deer in
many parts of the state is causing an increased number of problems,
particularly in suburban and urban areas. In a paper on Deer Management
from Binghampton University, it was noted that there were dramatic
increases in deer numbers leading to overpopulation. In New York alone,
deer numbers rose from around 20,000 in the early 1900s to a current
population of over 1 million. The World Population Review currently has
the numbers in New York for 2024 listed at 1.2 million. Suffolk county
is estimated to have between 25,000 and 36,000 deer.

In the Town of Huntington, the over-abundance of deer is causing adverse
effects. As noted in a letter from November 2016 from the Mayor of the
Incorporated Village of Lloyd Harbor to its residents, the explosion of
the deer population is of the. utmost concern". In a Village Deer Survey
where approximately 33% of the residents responded:63% reported daily
sightings of deer, 95% reported property damage due to the deer popu-
lation, there were 81 reports of tick-borne illnesses and 24% reported
deer-vehicle collisions within the preceding five years.

Based on insurance claims, State Farm estimates that there are over
70,000 deer-vehicle collisions annually in New York and that nationally
the average property-damage cost per collision is over $4,000. Losses
are not limited to property;. in 2015 (the most recent year for which
data is available) 238 people were killed in the U.S.  due to vehicles
striking or attempting to avoid an animal, many of which were most like-
ly deer.

Additionally, deer browsing on ornamental trees, shrubbery, and gardens
in suburban and residential financially impacts homeowners.  Wildlife
damages incurred by metropolitan residents in the U.S. have been esti-
mated at $4.5 billion annually. This is in addition to spending billions
of dollars and thousands of hours trying to solve or prevent the prob-
lem.

This bill will help to mitigate these rising problems by reducing the
number of deer through the establishment of a Town of Huntington deer
management pilot program and implemented by the NYSDEC. By using a
certified nuisance wildlife specialist with a cull permit the reduction
in the number of deer in the area will be done in a safe and profes-
sional manner.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law and shall expire and be deemed
repealed three years after such date; provided that the amendments to
subdivision 3 of section 11-505, subdivision 2 of section 11-0931 of the
environmental conservation law made by sections two, four, and six of
this act shall be subject to the expiration and reversion of such
provisions pursuant to section six of chapter 683 of the laws of 2023
and section six of chapter 704 of the laws of 2023, when upon such date
the provisions of sections, three, five, and seven of this act shall
take effect.

2023-S9023B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9023--B
 
                             I N  S E N A T E
 
                              April 10, 2024
                                ___________
 
 Introduced  by  Sen. MATTERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted  to  said  committee  --  committee  discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   establishing a town of Huntington deer management pilot  program;  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:
 
   Section 1. The environmental conservation law is amended by  adding  a
 new section 11-0522-b to read as follows:
 § 11-0522-B. TOWN OF HUNTINGTON DEER MANAGEMENT PILOT PROGRAM.
   1.  FOR  THE  PURPOSES OF THIS SECTION, "NUISANCE WILDLIFE SPECIALIST"
 SHALL MEAN AN EMPLOYEE OF OR A  CONTRACTOR  FOR  THE  FEDERAL  OR  STATE
 GOVERNMENT RESPONSIBLE FOR WILDLIFE MANAGEMENT ACTING PURSUANT TO A DEER
 MANAGEMENT  PLAN  AND  DEER  CULL PERMIT. A NUISANCE WILDLIFE SPECIALIST
 MUST BE IN COMPLIANCE WITH CRITERIA ESTABLISHED BY THE  DEPARTMENT  THAT
 AT A MINIMUM SHALL REQUIRE:
   A.  A  MINIMUM LEVEL OF MARKSMANSHIP QUALIFICATIONS APPROPRIATE TO THE
 FIREARM OR HUNTING IMPLEMENT TO BE USED;
   B. LIABILITY INSURANCE COVERAGE OR OTHER FINANCIAL ARRANGEMENTS  IDEN-
 TIFIED BY THE DEPARTMENT;
   C.  A  COPY OF THE CULL PERMIT AND A COPY OF THE LOG OF NUISANCE WILD-
 LIFE SPECIALISTS USING THE PERMIT, BE ON THE NUISANCE WILDLIFE  SPECIAL-
 IST'S PERSON WHEN EXERCISING ANY PRIVILEGE OF SUCH PERMIT; AND
   D. REPORTING REQUIREMENTS.
   2.  THE  DEPARTMENT MAY, AFTER REVIEWING THE TOWN OF HUNTINGTON'S CULL
 PERMIT APPLICATION AND SITE-SPECIFIC DEER MANAGEMENT PLAN,  AND  UPON  A
 FINDING  BY  THE  TOWN  OF  HUNTINGTON THAT DEER HAVE BECOME A NUISANCE,
 DESTRUCTIVE TO PUBLIC OR PRIVATE PROPERTY OR A THREAT TO  PUBLIC  HEALTH
 OR  WELFARE,  ISSUE  A DEER CULL PERMIT FOR USE WITHIN THE BOUNDARIES OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13879-07-4

 S. 9023--B                          2
 
 THE TOWN OF HUNTINGTON, AUTHORIZING USE OF A NUISANCE WILDLIFE  SPECIAL-
 IST TO TAKE DEER PURSUANT TO THE TERMS OF THE DEER CULL PERMIT.
   3.  EACH  CULL  PERMIT APPLICATION SHALL AT A MINIMUM INCLUDE REQUIRE-
 MENTS FOR: THE TIMEFRAME DURING WHICH THE PERMIT MUST BE USED,  A  SITE-
 SPECIFIC  DEER MANAGEMENT PLAN, A GEOGRAPHIC DESCRIPTION OF THE AREA FOR
 WHICH THE PERMIT IS BEING REQUESTED, A WRITTEN CONTRACT WITH THE TOWN OF
 HUNTINGTON, A LIST  WHICH  IDENTIFIES  PARTICIPATING  NUISANCE  WILDLIFE
 SPECIALISTS  AND  ELIGIBILITY  BASED  ON THE CRITERIA ESTABLISHED BY THE
 DEPARTMENT, PROVIDED BY THE CITY OF SYRACUSE, REQUESTS FOR ANY  AUTHORI-
 ZATION PURSUANT TO SUBDIVISIONS THREE-A AND ELEVEN OF SECTION 11-0505 OF
 THIS  TITLE,  SUBDIVISION  TWO-A OF SECTION 11-0901 OF THIS ARTICLE, AND
 SUBDIVISIONS TWO-A AND  FOUR-A  OF  SECTION  11-0931  OF  THIS  ARTICLE,
 PROVIDED  THAT  ANY  SUCH  AUTHORIZATION  SUBSEQUENTLY  GRANTED SHALL BE
 EXPLICITLY INCLUDED ON ANY CULL PERMIT, AND DETAILS  REGARDING  EXPECTED
 LOCAL LAW ENFORCEMENT CONSULTATION.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING OR OBLIGAT-
 ING  THE  DEPARTMENT  TO ISSUE A PERMIT TO TAKE DEER WHEN IN ITS OPINION
 THE NUISANCE, DESTRUCTION OF PROPERTY OR THREAT  TO  PUBLIC  HEALTH  AND
 WELFARE WILL NOT BE EFFECTIVELY ABATED THEREBY.
   §  2. Subdivisions 3, 9 and 10 of section 11-0505 of the environmental
 conservation law, subdivision 3 as separately amended  by  chapters  683
 and  704  of the laws of 2023, paragraph b of subdivision 3 and subdivi-
 sion 9 as amended by chapter 65 of the laws of 2024, and paragraph c  of
 subdivision 3 and subdivision 10 as amended by chapter 83 of the laws of
 2024, are amended to read as follows:
   3. No deer or bear traps shall be made, set or used upon land inhabit-
 ed  by  deer  or bear. No salt lick shall be made, set or used upon land
 inhabited by deer or bear, except that:
   a. the department may do so on state  wildlife  refuges  and  wildlife
 management areas; and
   b.  a  nuisance  wildlife  specialist with a permit issued pursuant to
 [section 11-0522 of] this title may do so provided that such  activities
 are in furtherance of the site-specific deer management plan.
   [c.  a  nuisance  wildlife specialist with a permit issued pursuant to
 section 11-0522-a of this title may do so provided that such  activities
 are in furtherance of the site-specific deer management plan.]
   9.  A  nuisance  wildlife  specialist with a permit issued pursuant to
 [section 11-0522 of] this title may, in accordance with  the  parameters
 of  such  permit  and  the consultation of local law enforcement, entice
 deer in the manner prohibited  in  subdivision  eight  of  this  section
 provided  that  such  activities are in furtherance of the site-specific
 deer management plan.
   [10. A nuisance wildlife specialist with a permit issued  pursuant  to
 section  11-0522-a of] this title may, in accordance with the parameters
 of such permit and the consultation of  local  law  enforcement,  entice
 deer  in  the  manner  prohibited  in  subdivision eight of this section
 provided that such activities are in furtherance  of  the  site-specific
 deer management plan.]
   § 2-a. Subdivision 3 of section 11-0505 of the environmental conserva-
 tion  law, as amended by chapter 135 of the laws of 1982, is amended and
 a new subdivision 9 is added to read as follows:
   3. No deer or bear traps shall be made, set or used upon land inhabit-
 ed by deer or bear. No salt lick shall be made, set or  used  upon  land
 inhabited by deer or bear, except that:
   A.  the  department  may  do so on state wildlife refuges and wildlife
 management areas; AND
 S. 9023--B                          3
 
   B. A NUISANCE WILDLIFE SPECIALIST WITH A  PERMIT  ISSUED  PURSUANT  TO
 THIS TITLE MAY DO SO PROVIDED THAT SUCH ACTIVITIES ARE IN FURTHERANCE OF
 THE SITE-SPECIFIC DEER MANAGEMENT PLAN.
   9.  A  NUISANCE  WILDLIFE  SPECIALIST WITH A PERMIT ISSUED PURSUANT TO
 THIS TITLE MAY, IN ACCORDANCE WITH THE PARAMETERS OF SUCH PERMIT AND THE
 CONSULTATION OF LOCAL LAW ENFORCEMENT, ENTICE DEER IN THE MANNER PROHIB-
 ITED IN SUBDIVISION EIGHT OF THIS SECTION PROVIDED THAT SUCH  ACTIVITIES
 ARE IN FURTHERANCE OF THE SITE-SPECIFIC DEER MANAGEMENT PLAN.
   §  3.  Subdivision 2 of section 11-0901 of the environmental conserva-
 tion law, as separately amended by chapters 683 and 704 of the  laws  of
 2023,  paragraph  b  as  amended  by chapter 65 of the laws of 2024, and
 paragraph c as amended by chapter 83 of the laws of 2024, is amended  to
 read as follows:
   2. Wildlife shall not be taken on or from any public highway, except:
   a.  that in the forest preserve counties it may be taken from highways
 other than state, county or town highways; and
   b. by a nuisance wildlife specialist with a permit issued pursuant  to
 [section  11-0522  of] this article provided that such activities are in
 furtherance of the site-specific deer management plan.
   [c. by a nuisance wildlife specialist with a permit issued pursuant to
 section 11-0522-a of this article provided that such activities  are  in
 furtherance of the site-specific deer management plan.]
   § 3-a. Subdivision 2 of section 11-0901 of the environmental conserva-
 tion law is amended to read as follows:
   2. Wildlife shall not be taken on or from any public highway, except:
   A.  that in the forest preserve counties it may be taken from highways
 other than state, county or town highways; AND
   B. BY A NUISANCE WILDLIFE SPECIALIST WITH A PERMIT ISSUED PURSUANT  TO
 THIS  ARTICLE  PROVIDED  THAT  SUCH ACTIVITIES ARE IN FURTHERANCE OF THE
 SITE-SPECIFIC DEER MANAGEMENT PLAN.
   § 4. Subdivision 2 and subparagraph 1 of paragraph b of subdivision  4
 of  section 11-0931 of the environmental conservation law, as separately
 amended by chapters 65 and 83 of the laws of 2024, are amended  to  read
 as follows:
   2.  a.  No  crossbow  or  firearm except a pistol or revolver shall be
 carried or possessed in or on a motor vehicle unless it is uncocked, for
 a crossbow or unloaded, for a firearm in both the chamber and the  maga-
 zine,  except that a loaded firearm which may be legally used for taking
 migratory game birds may be carried or possessed in  a  motorboat  while
 being  legally  used  in  hunting migratory game birds, and b. no person
 except a law enforcement officer in the performance of [his] THEIR offi-
 cial duties or a nuisance  wildlife  specialist  with  a  permit  issued
 pursuant to [section 11-0522 of] this article, provided that such activ-
 ities  are in furtherance of the site-specific deer management plan, [or
 a nuisance wildlife specialist with a permit issued pursuant to  section
 11-0522-a of this article, provided that such activities are in further-
 ance of the site-specific deer management plan,] shall, while in or on a
 motor vehicle, use a jacklight, spotlight or other artificial light upon
 lands inhabited by deer if [he or she is] THEY ARE in possession or [is]
 ARE  accompanied  by  a person who is in possession, at the time of such
 use, of a longbow, crossbow or a firearm of any kind except a pistol  or
 revolver, unless such longbow or crossbow is unstrung or such firearm or
 crossbow  is  taken down or securely fastened in a case or locked in the
 trunk of the vehicle. For purposes of this  subdivision,  motor  vehicle
 shall  mean  every  vehicle  or other device operated by any power other
 than muscle power, and which shall include but not be limited to automo-
 S. 9023--B                          4
 
 biles, trucks, motorcycles, tractors, trailers and  motorboats,  snowmo-
 biles  and  snowtravelers,  whether  operated on or off public highways.
 Notwithstanding the provisions of this subdivision, the  department  may
 issue  a permit to any person who is non-ambulatory, except with the use
 of a mechanized aid, to possess a loaded firearm in or on a motor  vehi-
 cle  as  defined  in  this  section, subject to such restrictions as the
 department may deem necessary in the interest of public safety.  Nothing
 in this section permits the possession of a pistol or a revolver contra-
 ry to the penal law.
   (1)  The  owner  or  lessee of the dwelling house, or members of [his]
 THEIR immediate family actually residing therein, or a person  in  [his]
 THE  employ OF SUCH OWNER OR LESSEE, 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 within five  hundred  feet,  a  long  bow
 within  one  hundred  fifty feet, or a crossbow within two hundred fifty
 feet of any other dwelling house, or a farm building or  farm  structure
 actually  occupied  or  used, or a school building or playground, public
 structure, or occupied factory  or  church;  provided  further,  that  a
 nuisance  wildlife  specialist with a permit issued pursuant to [section
 11-0522 of] this article acting in furtherance of  the  [site  specific]
 SITE-SPECIFIC  deer  management plan may discharge a firearm within five
 hundred feet of any dwelling houses, structures, schools or playgrounds,
 provided that the owners or lessees thereof have been notified by certi-
 fied mail of the date or dates, and time period of the  expected  activ-
 ity,  and  discharge  a  firearm  within  two hundred fifty feet of such
 dwelling houses, structures, schools or playgrounds  provided  that  all
 the  owners  or lessees thereof have provided written consent[; provided
 further, that a nuisance wildlife specialist with a permit issued pursu-
 ant to section 11-0522-a of this article acting in  furtherance  of  the
 site-specific  deer  management plan may discharge a firearm within five
 hundred feet of any dwelling houses, structures, schools or playgrounds,
 provided that the owners or lessees thereof have been notified by certi-
 fied mail of the date or dates and time period of the expected activity,
 and discharge a firearm within two hundred fifty feet of  such  dwelling
 houses,  structures, schools or playgrounds provided that all the owners
 or lessees thereof have provided written consent];
   § 4-a. Subdivision 2 and subparagraph 1 of paragraph b of  subdivision
 4  of  section 11-0931 of the environmental conservation law, as amended
 by section 8 of part EE of chapter 55 of the laws of 2014,  are  amended
 to read as follows:
   2.  A.  No  crossbow  or  firearm except a pistol or revolver shall be
 carried or possessed in or on a motor vehicle unless it is uncocked, for
 a crossbow or unloaded, for a firearm in both the chamber and the  maga-
 zine,  except that a loaded firearm which may be legally used for taking
 migratory game birds may be carried or possessed in  a  motorboat  while
 being  legally  used  in  hunting migratory game birds, and B. no person
 except a law enforcement officer in the performance of [his] THEIR offi-
 cial duties OR A NUISANCE  WILDLIFE  SPECIALIST  WITH  A  PERMIT  ISSUED
 PURSUANT  TO THIS ARTICLE, PROVIDED THAT SUCH ACTIVITIES ARE IN FURTHER-
 ANCE OF THE SITE-SPECIFIC DEER MANAGEMENT PLAN, shall, while in or on  a
 motor vehicle, use a jacklight, spotlight or other artificial light upon
 lands  inhabited  by deer if [he or she is] THEY ARE in possession or is
 accompanied by a person who is in possession, at the time of  such  use,
 of  a  longbow,  crossbow  or  a  firearm of any kind except a pistol or
 revolver, unless such longbow or crossbow is unstrung or such firearm or
 S. 9023--B                          5
 
 crossbow is taken down or securely fastened in a case or locked  in  the
 trunk  of  the  vehicle. For purposes of this subdivision, motor vehicle
 shall mean every vehicle or other device operated  by  any  power  other
 than muscle power, and which shall include but not be limited to automo-
 biles,  trucks,  motorcycles, tractors, trailers and motorboats, snowmo-
 biles and snowtravelers, whether operated on  or  off  public  highways.
 Notwithstanding  the  provisions of this subdivision, the department may
 issue a permit to any person who is non-ambulatory, except with the  use
 of  a mechanized aid, to possess a loaded firearm in or on a motor vehi-
 cle as defined in this section, subject  to  such  restrictions  as  the
 department  may deem necessary in the interest of public safety. Nothing
 in this section permits the possession of a pistol or a revolver contra-
 ry to the penal law.
   (1) The owner or lessee of the dwelling house,  or  members  of  [his]
 THEIR  immediate  family actually residing therein, or a person in [his]
 THE 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  within  five  hundred feet, a long bow within one hundred fifty
 feet, or a crossbow within two hundred fifty feet of any other  dwelling
 house,  or  a farm building or farm structure actually occupied or used,
 or a school building or playground, public structure, or occupied facto-
 ry or church; PROVIDED FURTHER, THAT A NUISANCE WILDLIFE SPECIALIST WITH
 A PERMIT ISSUED PURSUANT TO THIS ARTICLE ACTING IN  FURTHERANCE  OF  THE
 SITE-SPECIFIC  DEER  MANAGEMENT PLAN MAY DISCHARGE A FIREARM WITHIN FIVE
 HUNDRED FEET OF ANY DWELLING HOUSES, STRUCTURES, SCHOOLS OR PLAYGROUNDS,
 PROVIDED THAT THE OWNERS OR LESSEES THEREOF HAVE BEEN NOTIFIED BY CERTI-
 FIED MAIL OF THE DATE OR DATES AND TIME PERIOD OF THE EXPECTED ACTIVITY,
 AND DISCHARGE A FIREARM WITHIN TWO HUNDRED FIFTY FEET OF  SUCH  DWELLING
 HOUSES,  STRUCTURES, SCHOOLS OR PLAYGROUNDS PROVIDED THAT ALL THE OWNERS
 OR LESSEES THEREOF HAVE PROVIDED WRITTEN CONSENT;
   § 5. The department of environmental conservation, following consulta-
 tion with the town of Huntington shall prepare a  report  examining  the
 effectiveness  of  the  town of Huntington deer management pilot program
 established pursuant to section 11-0522-b of the environmental conserva-
 tion law in addressing deer  overpopulation  and  the  effectiveness  in
 addressing  destruction  to  public  or  private property in the town of
 Huntington. The report shall include the number of cull permits  issued,
 and  the number of deer taken. The report shall also include recommenda-
 tions for program improvements, including the potential effectiveness of
 authorizing future programs. The report shall be delivered to the gover-
 nor, the speaker of the assembly and  the  temporary  president  of  the
 senate,  as  well  as  published  on the department's public website, no
 later than thirty months after the effective date of this act.
   § 6. This act shall take effect on the first of January next  succeed-
 ing  the  date  on which it shall have become a law and sections one and
 five shall expire and be deemed repealed three years  after  such  date;
 provided  further, however, that the amendments to subdivisions 3, 9 and
 10 of section 11-0505 of the  environmental  conservation  law  made  by
 section  two  of this act, subdivision 2 of section 11-0901 of the envi-
 ronmental conservation law made by section three of this act and  subdi-
 vision  2  and subparagraph 1 of paragraph b of subdivision 4 of section
 11-0931 of the environmental conservation law made by  section  four  of
 this  act shall be subject to the expiration and reversion or repeal, as
 applicable, of such subdivisions and such paragraph pursuant to  section
 6  of  chapters  683  and 704 of the laws of 2023, as amended, when upon
 S. 9023--B                          6
 
 such date the provisions of sections two-a, three-a, and four-a of  this
 act shall take effect.

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Senate Bill S9023B

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee

Bill Amendments

2023-S9023 - Details

2023-S9023 - Summary

2023-S9023 - Sponsor Memo

2023-S9023 - Bill Text download pdf

2023-S9023A - Details

2023-S9023A - Summary

2023-S9023A - Sponsor Memo

2023-S9023A - Bill Text download pdf

2023-S9023B (ACTIVE) - Details

2023-S9023B (ACTIVE) - Summary

2023-S9023B (ACTIVE) - Sponsor Memo

2023-S9023B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9023B

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Sponsored By

Mario R. Mattera

Current Bill Status - In Senate Committee Environmental Conservation Committee

Bill Amendments

2023-S9023 - Details

2023-S9023 - Summary

2023-S9023 - Sponsor Memo

2023-S9023 - Bill Text download pdf

2023-S9023A - Details

2023-S9023A - Summary

2023-S9023A - Sponsor Memo

2023-S9023A - Bill Text download pdf

2023-S9023B (ACTIVE) - Details

2023-S9023B (ACTIVE) - Summary

2023-S9023B (ACTIVE) - Sponsor Memo

2023-S9023B (ACTIVE) - Bill Text download pdf

Comments