NY State Senate Bill 2009-S658

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
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Delivered to Governor
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to environmental conservation
Jan 12, 2009	referred to environmental conservation

co-Sponsors

2009-S658 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 11 Title 8 §§11-0801 - 11-0809, En Con L; amd §§96-g, 198 & 199, Ag & Mkts L

2009-S658 (ACTIVE) - Summary

Authorizes the commercial hunting of deer in this state and the sale of venison so acquired; subjects such sales to such laws and regulations as apply to the sale of beef.

2009-S658 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S658

 TITLE OF BILL :
An act to amend the environmental conservation law and the agriculture
and markets law, in relation to the commercial hunting, taking,
transportation and sale of deer and venison


 PURPOSE :
This bill authorizes the commercial taking of venison for sale under
strict regulation by the Departments of Environmental Conservation,
Agriculture & Markets and Health. This is a study bill that is being
introduced to obtain public comments on the proposition that the
commercial taking of deer needs to be considered and perhaps added to
the other deer management tools that are at the disposal of the
Environmental Conservation Department to adequately manage deer herds.

 SUMMARY OF PROVISIONS :
Section 1: Adds a new title 8 to the Environmental Conservation Law to
authorize the commercial hunting, taking, transportation and sale of
venison and other deer products. The provisions are as follows:

- 11-0801 - This article shall apply only to those persons who are
licensed to take deer for commercial sale.

- 11-0803 - The Department of Environmental Conservation (DEC) may

impose limitations on the time, place and manner of taking deer for
commercial sale to ensure that deer populations are properly managed.

- 11-0805 - This section establishes the licensing procedure for this
new type of license. It establishes that only experienced hunters can
obtain such a license.

- 11-0807 - Requires that the commercial hunting season shall only
begin after the recreational hunting season for wild deer has ended.
Authorizes the DEC to establish the time, bag limits and zones in
which commercial licenses may be issued. Sets out standards for the
number of licenses to be issued so that deer populations will be
adequately managed. Ensures that the number of permits issued will be
set to properly manage deer populations to reduce the risk of damage
to agricultural crops, minimize the number of motor vehicle collisions
with deer, the spread of diseases such as Lyme disease, and to better
manage forest resources.

- 11-0809 - This provision outlines what, where, who and how such
venison can be sold to commercial establishments. It also ensures that
all venison will be processed in a manner that conforms with New York
State health regulations.

 EXISTING LAW :
Under current law, no commercial hunting of venison is permitted.

 JUSTIFICATION :
Since the 1960s the amount of land that is under cultivation has
decreased substantially. In place of these farms have grown secondary
growth forests which has greatly expanded the habitat for deer.
Consequently, deer populations have been and continue to grow very
rapidly. Unfortunately, the sizable increase in deer populations has
had many significant detrimental effects. Among the detrimental
effects include, the loss of approximately $59 million in agricultural
production and income each year, damage to new and old fruit trees and
vineyards, increases in the number of motor vehicle accidents with
deer with consequential loss of life and property, the increased
spread of diseases such as Lyme disease by deer acting as disease
vectors, and the destruction of home and commercial landscaping in
residential neighborhoods.
An insurance industry study concluded that nationwide over 150 people
die each year due to deer induced traffic accidents. Further the
direct economic damages from these accidents is approximately $1.1
Billion each year. In New York, one group cited that annually there
are approximately 10,000 reported incidents where deer are hit by
motor vehicles. However, other researchers maintain that the number is
closer to between 50,000 and 70,000 each year because many collisions
go unreported. The Insurance Information Institute estimates that each
deer accident costs approximately $2,000 for each claim. Therefore,
the property/casualty and personal injury claims caused by deer
accidents in New York is at least $20,000,000 each year and could be
as high as $140,000,000 each year.

The losses sustained by New York agriculture from deer browsing damage
is also quite high. In the Hudson Valley, NYS Farm Bureau estimates
that deer damage is approximately $68 per acre or $14.6 million
annually. On a statewide basis, the total damage to the agricultural
industry is approximately $59 million each year.

With the surge in deer populations and the reduced numbers of
individuals that hunt deer, Cornell University reports that other
means of deer management need to be developed and instituted to stem
the loss of life and property/casualty damage due to motor vehicle
accidents and loss of agricultural crops. This bill is one method by
which deer populations, under the strict scrutiny of DEC, can be
brought back to more manageable and self-sustaining numbers. Without
instituting measures such as the one contained in this bill, deer
populations will continue to grow beyond the bounds of our current
environment to sustain these populations. This will lead to further
loss of human life, economic damage and more deer dying during winter
seasons due to the lack of food.

In addition, this bill promotes the utilization of New York's
resources to supply additional meat for consumption within this state
and for export to other areas of the country. In the southwest
portions of this country, more than a few restaurants utilize venison
in local cuisine. This measure would increase the supply of venison
and increase the possibility that a local New York cuisine movement
could develop and center on the preparation and consumption of
venison.

 LEGISLATIVE HISTORY :
See S.6287 of 2004, S.901 of 2005/2006, S.239 of 2007/2008

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
180 days after this act shall take effect.

2009-S658 (ACTIVE) - Bill Text download pdf

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

                                   658

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 12, 2009
                               ___________

Introduced  by  Sens.  LARKIN, MAZIARZ, SEWARD -- read twice and ordered
  printed, and when printed to be committed to the Committee on Environ-
  mental Conservation

AN ACT to amend the environmental conservation law and  the  agriculture
  and markets law, in relation to the commercial hunting, taking, trans-
  portation and sale of deer and venison

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

  Section 1. Article 11 of the environmental conservation law is amended
by adding a new title 8 to read as follows:
                                 TITLE 8
       COMMERCIAL HUNTING, TAKING, TRANSPORTATION AND SALE OF DEER
                               AND VENISON
SECTION 11-0801. APPLICABILITY.
        11-0803. PROHIBITIONS.
        11-0805. LICENSES.
        11-0807. COMMERCIAL HUNTING SEASONS  AND  BAG  LIMITS  FIXED  BY
                   REGULATION.
        11-0809. COMMERCE IN DEER BODIES OR PARTS.
S 11-0801. APPLICABILITY.
  THE  PROVISIONS  OF THIS TITLE SHALL SUPERSEDE ANY OTHER PROVISIONS OF
THIS ARTICLE THAT ARE INCONSISTENT WITH THE PROVISIONS  OF  THIS  TITLE.
THE  DEPARTMENT SHALL PROMULGATE REGULATIONS TO IMPLEMENT THE PROVISIONS
OF THIS TITLE  AND,  IN  SO  DOING,  SHALL  IDENTIFY  SUCH  INCONSISTENT
PROVISIONS  AND  SHALL  SPECIFY THE NATURE AND EXTENT OF SUPERSESSION BY
THE PROVISIONS OF THIS TITLE. THE PROVISIONS OF THIS ARTICLE OTHER  THAN
THOSE  OF  THIS  TITLE  SHALL  APPLY  TO THE COMMERCIAL HUNTING, TAKING,
TRANSPORTATION AND SALE OF DEER AND VENISON AS AUTHORIZED BY THIS  TITLE
INSOFAR  AS  THEY  ARE  NOT IDENTIFIED BY THE DEPARTMENT AS INCONSISTENT
WITH THE PROVISIONS OF THIS TITLE. THE PROVISIONS OF  THIS  TITLE  SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05400-01-9

S. 658                              2

APPLY ONLY TO THE COMMERCIAL HUNTING, TAKING, TRANSPORTATION AND SALE OF
DEER AND VENISON AS AUTHORIZED BY THIS TITLE.
S 11-0803. PROHIBITIONS.
  THE  DEPARTMENT  MAY  IMPOSE PROHIBITIONS ON THE HUNTING AND TAKING OF
DEER THAT ARE EITHER LESS OR MORE  RESTRICTIVE  THAN  THOSE  OF  SECTION
11-0901 OF THIS ARTICLE.
S 11-0805. LICENSES.
  1.  NO PERSON SHALL TAKE DEER PURSUANT TO THE PROVISIONS OF THIS TITLE
UNLESS LICENSED PURSUANT TO THE PROVISIONS OF THIS TITLE.
  2. NO PERSON SHALL BE LICENSED PURSUANT  TO  THIS  TITLE  UNLESS  SUCH
PERSON:
  A.  HAS  BEEN A RESIDENT OF THIS STATE FOR MORE THAN THIRTY DAYS IMME-
DIATELY PRIOR TO APPLICATION;
  B. IS AT LEAST EIGHTEEN YEARS; AND
  C. HAS AT LEAST THREE YEARS OF EXPERIENCE  AS  A  LICENSED  HUNTER  OF
DEER.
  3.  THE  FEE  FOR  THIS  ONE YEAR COMMERCIAL DEER LICENSE SHALL BE ONE
HUNDRED DOLLARS.
S 11-0807. COMMERCIAL HUNTING SEASONS AND  BAG  LIMITS  FIXED  BY  REGU-
             LATION.
  1.  THE DEPARTMENT SHALL FIX FOR EACH ONE YEAR COMMERCIAL DEER LICENSE
PERIOD:
  A. THE LENGTH OF THE SEASON OR PART THEREOF AND THE  DAY  OR  DAYS  OF
SUCH SEASON IN WHICH SUCH LICENSES MAY BE USED, WHICH SHALL NOT COMMENCE
UNTIL THE CLOSE OF ALL REGULAR OR SPECIAL OPEN SEASONS AUTHORIZED PURSU-
ANT  TO  SECTION 11-0907 OF THIS ARTICLE AND SHALL NOT CLOSE UNTIL APRIL
FIRST OR SUCH LATER DATE AS THE DEPARTMENT MAY DETERMINE, AND WHICH  THE
DEPARTMENT MAY VARY BY AREA;
  B.  THE  IMPLEMENTS  ALLOWED FOR DEER TAKING, WHICH THE DEPARTMENT MAY
VARY BY AREA;
  C. THE BAG LIMIT FOR DEER, WHICH THE DEPARTMENT MAY VARY BY  AREA  AND
SEX OF THE DEER; AND
  D.  THE SPECIFIC AREAS IN WHICH COMMERCIAL HUNTING SHALL BE PERMITTED,
WHICH SHALL BE DESIGNATED FOR EACH  ONE  YEAR  COMMERCIAL  DEER  LICENSE
PERIOD,  MAY  ONLY  BE DESIGNATED IF THE DEPARTMENT DETERMINES: (1) THAT
THE POPULATION OF DEER IN ANY AREA OF THE STATE IS SUCH THAT  ADDITIONAL
HARVEST OF DEER IS REASONABLY NECESSARY TO PROPERLY MANAGE THE DEER HERD
IN  THE  STATE IN BALANCE WITH THE AVAILABLE DEER RANGE AND NATURAL FOOD
SUPPLY, AND EITHER (2) THAT STATE DEER HERD MANAGEMENT GOALS,  INCLUDING
BUT NOT LIMITED TO ALLEVIATING AGRICULTURAL DAMAGE, AREAS WHERE EXISTING
STATUTES  DO  NOT  ALLOW  FOR  ADEQUATE  HARVEST, AND AREAS WHERE PUBLIC
ACCESS MAY BE LIMITED FOR  JUSTIFIABLE  SECURITY  REASONS,  WARRANT  THE
TAKING OF ADDITIONAL DEER OR (3) THAT THE POPULATION OF DEER IN ANY AREA
OF  THE  STATE  IS  SUCH  THAT  ADDITIONAL HARVEST OF DEER IS REASONABLY
NECESSARY TO CURTAIL MOTOR VEHICLE ACCIDENTS WITH  DEER  OR  TO  CURTAIL
SUBSTANTIAL  LOSS  OF  RESIDENTIAL  LANDSCAPING PLANTS, BUSHES, TREES OR
SHRUBBERY.  SUCH AREAS MAY BE DESIGNATED ONLY IN COUNTIES  OR  PARTS  OF
COUNTIES  IN WHICH AN OPEN SEASON FOR TAKING DEER BY THE USE OF FIREARMS
IS ESTABLISHED BY LAW.
  2. THE PROVISIONS OF PARAGRAPH A OF SUBDIVISION ONE OF SECTION 11-0911
OF THIS ARTICLE SHALL NOT APPLY WHEN A  DEER  IS  TAKEN  PURSUANT  TO  A
COMMERCIAL HUNTING LICENSE, BUT THE DEPARTMENT MAY BY REGULATION PROVIDE
AN ALTERNATIVE METHOD OF IDENTIFYING AND REPORTING THE DEER SO TAKEN.
  3.  WITH  EACH  COMMERCIAL  HUNTING LICENSE THERE SHALL BE ISSUED SUCH
TAGS OR SEALS AND REPORTING FORMS AS THE DEPARTMENT SHALL  DETERMINE  TO
BE APPROPRIATE, AND THE DEER MAY BE TAKEN ONLY WHEN THE LICENSEE TAKING,

S. 658                              3

AT  THE  TIME,  IS  IN PHYSICAL POSSESSION OF SUCH LICENSE AND ANY TAGS,
SEALS AND REPORTING FORMS ISSUED WITH IT.
S 11-0809. COMMERCE IN DEER BODIES OR PARTS.
  1.  DEER,  TAKEN IN THIS STATE, AND ANY AND ALL PARTS THEREOF, MAY, IF
LAWFULLY TAKEN PURSUANT TO THE PROVISIONS OF THIS TITLE, BE:
  A. POSSESSED,
  B. TRANSPORTED WITHIN THE STATE AND FROM WITHIN TO WITHOUT THE  STATE,
AND
  C.  BOUGHT  AND SOLD, AS PROVIDED IN THIS TITLE, AND NOT OTHERWISE. IT
SHALL NOT BE POSSESSED, TRANSPORTED,  BOUGHT  OR  SOLD  UNLESS  LAWFULLY
TAKEN, NOR TRANSPORTED, BOUGHT OR SOLD UNLESS LAWFULLY POSSESSED.
  2.  DEER  TAKEN  AND  POSSESSED IN ONE PART OF THE STATE MAY BE TRANS-
PORTED AS PROVIDED IN THIS SECTION BY  THE  TAKER,  OR  ANY  PERSON  WHO
ACQUIRES  IT  LAWFULLY  FROM THE TAKER, AND POSSESSED BY THE TAKER OR BY
SUCH PERSON IN ANY PART OF THE STATE FOR THE PERIOD DURING WHICH IT  MAY
BE POSSESSED AT THE PLACE WHERE TAKEN.
  3.  DEER  AND  ANY AND ALL PARTS THEREOF MAY BE SOLD TO A PROFESSIONAL
PROCESSOR OR AN AGENT OR EMPLOYEE THEREOF.
  4. ANY PART OF A DEER OTHER THAN VENISON MAY BE SOLD TO ANY PERSON.
  5. THE PROVISIONS OF TITLE SEVENTEEN OF THIS ARTICLE SHALL  NOT  APPLY
TO THE POSSESSION, TRANSPORTATION, OR SALE OF DEER OR PARTS THEREOF, BUT
THE  DEPARTMENT  SHALL  PROMULGATE SUCH REGULATIONS THEREFOR AS WILL, IN
ITS JUDGMENT, PROMOTE THE ENFORCEMENT OF THE PROVISIONS  OF  THIS  TITLE
AND  OTHER  APPLICABLE  PROVISIONS  OF  THIS  ARTICLE  OR OTHER LAWS AND
FURTHER THE PUBLIC POLICIES OF THIS STATE.
  6. ALL VENISON TAKEN PURSUANT TO THE PROVISIONS OF THIS  TITLE,  WHILE
IN  THIS  STATE,  IS  SUBJECT  TO  THE PROVISIONS OF THE AGRICULTURE AND
MARKETS LAW AND THE  PUBLIC  HEALTH  LAW,  AND  REGULATIONS  PROMULGATED
PURSUANT TO EACH OF SAID LAWS, PERTAINING TO THE MEAT OF CATTLE.
  S  2.  Subdivisions 6, 7 and 17 of section 96-g of the agriculture and
markets law, subdivisions 6 and 7 as amended by chapter 342 of the  laws
of  1982 and subdivision 17 as added by chapter 182 of the laws of 1993,
are amended to read as follows:
  6. "Meat" means the edible part of the muscle of cattle, DEER TAKEN BY
LAWFUL COMMERCIAL HUNTING IN THIS STATE, swine, sheep, goats, horses and
other large domesticated animals which is skeletal or which is found  in
the  tongue, in the diaphragm, in the heart or in the esophagus, with or
without the accompanying or overlying fat, and  the  portions  of  bone,
skin, nerve and blood vessels which normally accompany the muscle tissue
and  which are not separated from it in the process of dressing. It does
not include the muscle found in the lips, snout or ears. Any edible part
of the carcass which has been manufactured, cured, smoked, processed  or
otherwise treated shall not be considered meat.
  7.  "Meat  by-product" means any edible part other than meat which has
been derived from cattle, DEER TAKEN BY  LAWFUL  COMMERCIAL  HUNTING  IN
THIS  STATE,  swine,  sheep,  goats, horses and other large domesticated
animals. This term shall apply only to those parts which have  not  been
manufactured, cured, smoked, processed or otherwise treated.
  17. "Game or wild game" means any deer or big game, or portions there-
of, as defined in section 11-0103 of the environmental conservation law,
taken  by lawful hunting, EXCEPT VENISON TAKEN BY LAWFUL COMMERCIAL DEER
HUNTING IN THIS STATE AND SOLD OR TO BE SOLD.
  S 3. Subdivision 11 of section 198 of the agriculture and markets law,
as added by chapter 182 of the laws of  1993,  is  amended  to  read  as
follows:

S. 658                              4

  11. "Game or wild game" means any deer or big game, or portions there-
of, as defined in section 11-0103 of the environmental conservation law,
taken  by lawful hunting, EXCEPT VENISON TAKEN BY LAWFUL COMMERCIAL DEER
HUNTING IN THIS STATE AND SOLD OR TO BE SOLD.
  S  4. Subdivision 4 of section 199 of the agriculture and markets law,
as added by chapter 182 of the laws of  1993,  is  amended  to  read  as
follows:
  4.  The  provisions  of  this  article shall not apply to game or wild
game, EXCEPT VENISON TAKEN BY LAWFUL COMMERCIAL  DEER  HUNTING  IN  THIS
STATE AND SOLD OR TO BE SOLD.
  S 5. This act shall take effect on the one hundred eightieth day after
it  shall  have  become a law; provided that any and all rules and regu-
lations and any other measures necessary to implement any  provision  of
this act on its effective date may be promulgated and taken, respective-
ly, on or before the effective date of such provision.

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Senate Bill S658

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

co-Sponsors

2009-S658 (ACTIVE) - Details

2009-S658 (ACTIVE) - Summary

2009-S658 (ACTIVE) - Sponsor Memo

2009-S658 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S658

Share this bill

Sponsored By

William Larkin

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

co-Sponsors

George D. Maziarz

James L. Seward

2009-S658 (ACTIVE) - Details

2009-S658 (ACTIVE) - Summary

2009-S658 (ACTIVE) - Sponsor Memo

2009-S658 (ACTIVE) - Bill Text download pdf

Comments