Senate Bill S4057A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4057--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2019
                                ___________
 
 Introduced by Sen. ANTONACCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 AN ACT to amend the environmental conservation law, in relation to  cull
   permits  authorizing  the  taking  of  certain  wildlife  by certified
   nuisance wildlife specialists
 
   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. CULL PERMITS AUTHORIZING THE TAKING OF  CERTAIN  WILDLIFE  BY
              CERTIFIED NUISANCE WILDLIFE SPECIALISTS.
   1.  FOR  THE  PURPOSES  OF  THIS SECTION, "CERTIFIED NUISANCE WILDLIFE
 SPECIALIST" SHALL MEAN AN EMPLOYEE OF THE FEDERAL OR STATE GOVERNMENT OR
 ANY CITY, TOWN, VILLAGE OR COUNTY, PUBLIC OR PRIVATE COLLEGE OR  UNIVER-
 SITY,  OR  AN  AIRPORT  AS  DEFINED  IN  SUBDIVISION FIVE OF SECTION TWO
 HUNDRED FORTY OF THE GENERAL  BUSINESS  LAW,  RESPONSIBLE  FOR  WILDLIFE
 MANAGEMENT,  OR  AN  INDIVIDUAL ACTING PURSUANT TO A WILDLIFE MANAGEMENT
 PLAN, WHO MEETS THE CRITERIA ESTABLISHED BY THE DEPARTMENT,  THAT  AT  A
 MINIMUM REQUIRE:
   A.  A  MINIMUM  LEVEL OF MARKSMANSHIP CERTIFICATION, INCLUDING ONGOING
 CERTIFICATION; AND
   B. LIABILITY INSURANCE COVERAGE LEVELS OR OTHER FINANCIAL ARRANGEMENTS
 APPROVED BY THE DEPARTMENT.
   2. THE DEPARTMENT MAY, AFTER REVIEWING THE WILDLIFE  MANAGEMENT  PLAN,
 AND  UPON  A FINDING THAT WILDLIFE HAS BECOME A NUISANCE, DESTRUCTIVE TO
 PUBLIC OR PRIVATE PROPERTY OR A  THREAT  TO  PUBLIC  HEALTH,  SAFETY  OR
 WELFARE,  ISSUE  A CULL PERMIT TO ANY PERSON AUTHORIZING USE OF A CERTI-
 FIED NUISANCE WILDLIFE SPECIALIST TO TAKE WILDLIFE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04962-03-9
              

 S. 4057--A                          2
 
   3. NOTWITHSTANDING SUBDIVISIONS THREE AND EIGHT OF SECTION 11-0505 AND
 SUBDIVISION ONE OF 11-0521 OF THIS TITLE, PARAGRAPH A OF SUBDIVISION ONE
 AND SUBDIVISIONS TWO, FOUR AND FIVE OF SECTION 11-0931 OF THIS  ARTICLE,
 SUCH  CULL  PERMIT  AUTHORIZING  THE  TAKING  OF WILDLIFE BY A CERTIFIED
 NUISANCE WILDLIFE SPECIALIST SHALL, AT MINIMUM, SPECIFY:
   A. THE TIMEFRAME DURING WHICH THE PERMIT MUST BE USED;
   B.  THE  GEOGRAPHICAL  DESCRIPTION OF THE AREA FOR WHICH THE PERMIT IS
 AUTHORIZED;
   C. THE SPECIES AUTHORIZED TO BE TAKEN;
   D. THE METHODS OF TAKING WILDLIFE PERMITTED TO BE USED; AND
   E. REPORTING REQUIREMENTS.
   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,  SAFETY OR WELFARE WILL NOT BE
 EFFECTIVELY ABATED THEREBY.
   § 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.