NY State Senate Bill 2017-S7952

Senate Bill S7952

Signed By Governor

2017-2018 Legislative Session

Relates to the authority of the department of environmental conservation to manage deer and bear

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 07, 2018	signed chap.383
Nov 27, 2018	delivered to governor
Jun 07, 2018	returned to senate passed assembly ordered to third reading cal.1090 substituted for a10863
Jun 04, 2018	referred to environmental conservation delivered to assembly passed senate
May 07, 2018	advanced to third reading
May 02, 2018	2nd report cal.
May 01, 2018	1st report cal.990
Mar 13, 2018	referred to environmental conservation

Votes

- Jun 4, 2018 - Floor Vote
  S7952
  
  61
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 4, 2018
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (1)
      
      Serrano
      
      excused (1)
      
      Croci
  May 1, 2018 - Environmental Conservation Committee Vote
  S7952
  
  12
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: May 1, 2018
      
      aye (12)
      
      Addabbo Jr.
      
      Avella
      
      Funke
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kavanagh
      
      LaValle
      
      Little
      
      Marcellino
      
      O'Mara
      
      Phillips
      
      Tedisco

2017-S7952 (ACTIVE) - Details

See Assembly Version of this Bill:: A10863
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §13, Chap 600 of 1993; amd §§11-0903 & 11-0913, En Con L

2017-S7952 (ACTIVE) - Summary

Relates to the authority of the department of environmental conservation to manage deer and bear; extends effectiveness.

2017-S7952 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7952

SPONSOR: O'MARA
 
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 deer, 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 would amend Section 13 of Chapter 600 of the Laws
of 1993 to extend, until December 31, 2021, the expiration date applica-
ble to several provisions of the Fish and Wildlife Law related to the
taking of deer.

Section 2 of this bill would amend Environmental Conservation Law (ECL)
§ 11-0903(8), (9)(a) and (10) to extend, until December 31, 2021, 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 would amend ECL § 11-0913(1)(a) to extend until
December 31, 2021, DEC's authority to issue Deer Management Permits.

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

 
JUSTIFICATION:

Authority to set regulations for big game provides a timely administra-
tive process which optimizes the effectiveness of harvest management
techniques. Each of the ECL provisions pertaining to management of black
bear and deer is critical. 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 inef-
fective big game management regimes.

 
PRIOR LEGISLATIVE HISTORY:

DEC's regulatory authority for dear and bear was last extended by Chap-
ter 209 of the Laws of 2015.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S7952 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7952
 
                             I N  S E N A T E
 
                              March 13, 2018
                                ___________
 
 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 deer, 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  209  of  the  laws  of 2015, is amended to read as
 follows:
   § 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 December 31, [2018]
 2021.
   § 2. Subdivision 8, paragraph a of subdivision 9 and subdivision 10 of
 section 11-0903 of the environmental conservation  law,  as  amended  by
 chapter 209 of the laws of 2015, are amended to read as follows:
   8.  Notwithstanding  any  provision  of law, rule or regulation to the
 contrary, the department may, until December thirty-first, two  thousand
 [eighteen]  TWENTY-ONE,  fix by regulation the open seasons, open areas,
 bag limit, manner of taking, possession  and  disposition  of  bear  and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14345-01-8

 S. 7952                             2
 
 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 December thirty-first, two  thousand  [eighteen]  TWENTY-ONE,
 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 December thirty-first, two thousand
 [eighteen] TWENTY-ONE, 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 issu-
 ance of deer management permits.
   § 3. Paragraph a of subdivision 1 of section 11-0913 of  the  environ-
 mental  conservation law, as amended by chapter 209 of the laws of 2015,
 is amended to read as follows:
   a. Until December thirty-first, two  thousand  [eighteen]  TWENTY-ONE,
 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.
   § 4. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.