Assembly Bill A10079

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10079
 
                           I N  A S S E M B L Y
 
                               March 6, 2020
                                ___________
 
 Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
   tee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   authorizing the issuance of special airport air strike hazard permits
 
   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 to read as follows:
 § 11-0522. SPECIAL  AIRPORT  AIR  STRIKE HAZARD PERMITS AUTHORIZING TAKE
              FOR WILDLIFE CONTROL AT AIRPORTS.
   1. FOR THE PURPOSES OF THIS SECTION,  AN  AIRPORT  AIR  STRIKE  HAZARD
 PERMIT  MAY  BE ISSUED TO AN EMPLOYEE OF THE FEDERAL OR STATE GOVERNMENT
 RESPONSIBLE FOR WILDLIFE MANAGEMENT AT AN  AIRPORT,  OR  AN  AIRPORT  AS
 DEFINED  IN SUBDIVISION FIVE OF SECTION TWO HUNDRED FORTY OF THE GENERAL
 BUSINESS LAW, OR CONTRACTOR THEREOF, WHEN  SUCH  PERSON  OR  AIRPORT  OR
 CONTRACTOR IS ACTING PURSUANT TO A WILDLIFE MANAGEMENT PLAN.
   2. THE DEPARTMENT MAY, AFTER REVIEWING THE AIRPORT WILDLIFE MANAGEMENT
 PLAN,  AND  UPON A FINDING THAT WILDLIFE HAS BECOME A NUISANCE, DESTRUC-
 TIVE TO PUBLIC OR PRIVATE PROPERTY OR  A  THREAT  TO  PUBLIC  HEALTH  OR
 WELFARE,  ISSUE A SPECIAL PERMIT TO ANY PERSON AUTHORIZED IN SUBDIVISION
 ONE OF THIS SECTION WHO IS QUALIFIED TO CONDUCT SUCH WILDLIFE MANAGEMENT
 ACTIVITIES AT THE AIRPORT AND THE AFFECTED AREA SURROUNDING THE  AIRPORT
 AS DIRECTED BY THE FEDERAL AVIATION ADMINISTRATION.
   3.  IN ADDITION TO OTHER PERMITTED WILDLIFE MANAGEMENT ACTIVITIES, THE
 DEPARTMENT IS AUTHORIZED TO EXEMPT THE PERMIT HOLDER FROM THE PROVISIONS
 OF SUBDIVISIONS THREE AND EIGHT OF SECTION 11-0505 AND  SUBDIVISION  ONE
 OF  SECTION 11-0521 OF THIS TITLE AND PARAGRAPH A OF SUBDIVISION ONE AND
 SUBDIVISIONS TWO, FOUR, AND FIVE OF SECTION 11-0931 OF THIS ARTICLE.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING OR OBLIGAT-
 ING THE DEPARTMENT TO ISSUE A PERMIT TO  TAKE  WILDLIFE  OR  DIRECT  THE
 TAKING OF ANY WILDLIFE WHEN IN ITS OPINION, THE NUISANCE, DESTRUCTION OF
 PROPERTY  OR THREAT TO PUBLIC HEALTH AND WELFARE WILL NOT BE EFFECTIVELY
 ABATED THEREBY, OR WHERE THE PERSON  OR  AIRPORT  HAS  NOT  DEMONSTRATED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15683-01-0

 A. 10079                            2
 
 QUALIFICATIONS NECESSARY TO TAKE WILDLIFE IN SUCH A MANNER TO THE SATIS-
 FACTION OF THE DEPARTMENT.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately the addition, amendment  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.