NY State Senate Bill S5135

Archive: Last Bill Status - Signed by Governor

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

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Actions

view actions (13)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 13, 2015	signed chap.209
Aug 03, 2015	delivered to governor
Jun 16, 2015	returned to senate passed assembly ordered to third reading rules cal.402 substituted for a7583
Jun 11, 2015	referred to environmental conservation delivered to assembly passed senate
Jun 02, 2015	advanced to third reading
Jun 01, 2015	2nd report cal.
May 28, 2015	1st report cal.1080
May 04, 2015	referred to environmental conservation

Votes

view votes

Jun 11, 2015 - floor Vote

S5135

floor

Aye

Nay

Absent

Excused

Abstained

May 28, 2015 - Environmental Conservation committee Vote

S5135

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

S5135 (ACTIVE) - Details

See Assembly Version of this Bill:: A7583
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §13, Chap 600 of 1993; amd §§11-0903 & 11-0913, En Con L

S5135 (ACTIVE) - Summary

Relates to extending the authority of the department of conservation to manage deer and bear.

S5135 (ACTIVE) - Sponsor Memo

BILL NUMBER:S5135

TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
extending the authority of the department of environmental conservation
to manage deer and bear and to amend chapter 600 of the laws of 1993,
amending the environmental conservation law relating to the management
of bear, in relation to the effectiveness of such chapter

Purpose of the Bill:

The purpose of this bill is to extend the authority of the Department of
Environmental Conservation (DEC) to manage big game (white-tailed deer
and black bear).

Summary of Provisions:

Section 1 of this bill amends Section 13 of Chapter 600 of the Laws of
1993 to extend, until December 31, 2018, the expiration date applicable
to several provisions of the Fish and Wildlife Law related to the taking
of deer.

Section 2 of this bill amends Environmental Conservation Law (ECL)
11-0903(8), (9)(a) and (10) to extend, until December 31, 2018, DEC's
authority to: 1) regulate the taking of bear and the possession and

disposition of bear parts, and the intentional and incidental feeding of
bears; 2) fix by regulation special open seasons for taking wild deer of
either sex when in its opinion deer shall become numerous enough to
cause substantial damage to property and overbrowsing; and 3) adopt
regulations with respect to the manner of taking of, the possession of,
and open seasons and bag limits for, deer.

Section 3 of this bill amends ECL § 11-0913(1)(a) to extend, until
December 31, 2018, DEC's authority to issue Deer Management Permits.

Section 4 of this bill provides that the bill will take effect imme-
diately.

Existing Law:

ECL §§ 11-0907(1)(c), 11-0907(2)(a) and (b), 11-0907(3)(a), (b) and (c)
and 11-0911(3), related to the taking of deer, are repealed effective
October 1, 2015 pursuant to Section 13 of Chapter 600 of the Laws of
1993. ECL §§ 11-0903(8), (9)(a), and (10), and 11-0913(1)(a), all
related to the management of deer and bear, are repealed effective Octo-
ber 1, 2015

Prior Legislative History:

DEC's regulatory authority for dear and bear was last extended by Chap-
ter 437 of the Laws of 2011.

Statement in Support:

Authority to set regulations for big game provides a timely administra-
tive process which optimizes the effectiveness of harvest management
techniques. Achieving management objectives for these species requires
the ability to tailor seasons, bag limits, and other hunting regulations
to reflect changing conditions for management units in the State. The
ability to amend regulations provides the flexibility needed to respond
to these needs on a timely basis. In the absence of these renewed
authorities, DEC's deer and bear management programs would revert to the
"default" statutes, thereby instituting archaic and ineffective big game
management regimes.

Budget implications:

None.

Local impact:

This bill would have no impact on local governments.

Effective Date:

This act shall take effect immediately.

S5135 (ACTIVE) - Bill Text download pdf

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

                                  5135

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 4, 2015
                               ___________

Introduced  by  Sen. O'MARA -- (at request of the Department of Environ-
  mental Conservation) -- 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
  extending the authority of the department of  environmental  conserva-
  tion  to  manage deer and bear and to amend chapter 600 of the laws of
  1993, amending the environmental  conservation  law  relating  to  the
  management of bear, in relation to the effectiveness 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  deer,  as
amended  by  chapter  437  of  the  laws  of 2011, 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] DECEMBER
31, [2015] 2018.
  S 2. Subdivisions 8 and 10 and paragraph a of subdivision 9 of section
11-0903 of the environmental conservation law, as amended by chapter 437
of the laws of 2011, are amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09473-01-5

S. 5135                             2

  8. Notwithstanding any provision of law, rule  or  regulation  to  the
contrary,   the   department   may,   until   [October  first]  DECEMBER
THIRTY-FIRST, two thousand [fifteen] EIGHTEEN,  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 inci-
dental 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] DECEMBER THIRTY-FIRST, two thousand [fifteen]
EIGHTEEN, whenever in its opinion deer shall become numerous  enough  in
any area to cause substantial 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]  DECEMBER
THIRTY-FIRST, two thousand [fifteen] EIGHTEEN, the department is author-
ized 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 437 of the laws of  2011,
is amended to read as follows:
  a. Until [October first] DECEMBER THIRTY-FIRST, two thousand [fifteen]
EIGHTEEN,  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, permitting 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.

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The New York State Senate

senate Bill S5135

Sponsored By

Archive: Last Bill Status - Signed by Governor

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Votes

Jun 11, 2015 - floor Vote

Floor Vote: Jun 11, 2015

May 28, 2015 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: May 28, 2015

S5135 (ACTIVE) - Details

S5135 (ACTIVE) - Summary

S5135 (ACTIVE) - Sponsor Memo

S5135 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5135

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Sponsored By

Thomas F. O'Mara

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 11, 2015 - floor Vote

Floor Vote: Jun 11, 2015

May 28, 2015 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: May 28, 2015

S5135 (ACTIVE) - Details

S5135 (ACTIVE) - Summary

S5135 (ACTIVE) - Sponsor Memo

S5135 (ACTIVE) - Bill Text download pdf

Comments