Assembly Bill A7559

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

                                 7559--A
                                                        Cal. No. 421

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 10, 2011
                               ___________

Introduced  by  M.  of  A.  LUPARDO,  SWEENEY,  GUNTHER -- read once and
  referred to the Committee on Environmental  Conservation  --  reported
  from  committee,  advanced  to  a  third  reading, amended and ordered
  reprinted, retaining its place on the order of third reading

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  continuing  the authority of the department of environmental conserva-
  tion to adopt management regulations for deer and bear; and  to  amend
  chapter  600 of the laws of 1993, amending the environmental conserva-
  tion law relating to the management of bear, in relation to the effec-
  tiveness of such chapter

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

  Section 1. Section 13 of chapter 600 of the laws of 1993, amending the
environmental  conservation  law  relating to the management of bear, as
amended by chapter 149 of the laws  of  2007,  is  amended  to  read  as
follows:
  S  13.  This act shall take effect immediately, provided however, that
the amendments made to paragraph c of subdivision 1 of  section  11-0907
of  the environmental conservation law made by section five of this act,
paragraph a of subdivision 2 of section  11-0907  of  the  environmental
conservation  law made by section six of this act, paragraphs a and b of
subdivision 3 of section 11-0907 of the environmental  conservation  law
made  by  section  seven  of  this  act, paragraph b of subdivision 2 of
section 11-0907 of the environmental conservation law  made  by  section
six  of this act, paragraph c of subdivision 3 of section 11-0907 of the
environmental conservation law made by section seven of  this  act,  and
subdivision  3  of section 11-0911 of the environmental conservation law
made by section eight of this act shall  expire  on  October  1,  [2011]
2015.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11431-03-1

              

A. 7559--A                          2

  S 2. Subdivision 8, paragraph a of subdivision 9 and subdivision 10 of
section  11-0903  of  the  environmental conservation law, as amended by
chapter 149 of the laws of 2007, are amended to read as follows:
  8.  Notwithstanding  any  provision  of law, rule or regulation to the
contrary, the department may, until October first, two thousand [eleven]
FIFTEEN, fix by regulation the open  seasons,  open  areas,  bag  limit,
manner of taking, possession and disposition of bear and parts of bears,
and  the  intentional  and incidental feeding of bears. Such regulations
shall implement the provisions of this article. Such regulations, as the
department deems appropriate, may provide for special permits and permit
quotas. When a special permit is required, the  department  may  fix  by
regulation a fee for each such permit issued.
  a. Until October first, two thousand [eleven] FIFTEEN, whenever in its
opinion  deer shall become numerous enough in any area to cause substan-
tial damage to property or overbrowsing of deer  range,  the  department
may  fix  by  regulation  special  open  seasons for taking wild deer of
either sex.  Subject to this subdivision, the  department  may  fix  the
conditions of such seasons.
  10.  Notwithstanding  any  inconsistent provision of subdivision 10 of
section 11-0901 or subdivision 2, subdivision  3  or  subdivision  8  of
section  11-0907 of this title, until October first, two thousand [elev-
en] FIFTEEN, the department is  authorized  to  adopt  regulations  with
respect to the manner of taking, possession, open seasons and bag limits
for  deer. The authority to adopt such regulations is in addition to any
authority contained in this section or section  11-0913  of  this  title
respecting  regulations fixing open seasons for deer and the issuance of
deer management permits.
  S 3. Paragraph a of subdivision 1 of section 11-0913 of  the  environ-
mental  conservation law, as amended by chapter 149 of the laws of 2007,
is amended to read as follows:
  a. Until October first, two thousand [eleven] FIFTEEN, whenever in its
opinion the population of deer in any area of the state  except  in  the
northern  zone  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, the department may
provide by regulation for issuance of deer management  permits,  permit-
ting  the taking of one deer for the permit, in addition to the limit of
one deer that may otherwise be taken by one person in a license year.
  S 4. This act shall take effect immediately.