S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1599
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced  by  M.  of  A.  HUNTER,  D'URSO,  MAGNARELLI, FAHY, LUPARDO,
   HAWLEY, GALEF, COOK, RAIA, WILLIAMS, HYNDMAN, STIRPE, BLAKE --  Multi-
   Sponsored  by -- M. of A.  BARCLAY, McDONOUGH, THIELE -- read once and
   referred to the Committee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, in relation to wild-
   life damage management
 
   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 TO CERTIFIED NUISANCE WILDLIFE SPECIALISTS.
   1. FOR THE PURPOSES OF  THIS  SECTION,  "CERTIFIED  NUISANCE  WILDLIFE
 SPECIALIST"  SHALL  MEAN  AN  EMPLOYEE OF A LAND GRANT UNIVERSITY, OR AN
 EMPLOYEE OF OR A CONTRACTOR FOR THE FEDERAL OR STATE GOVERNMENT  OR  ANY
 CITY,  TOWN,  VILLAGE OR COUNTY, RESPONSIBLE FOR WILDLIFE MANAGEMENT AND
 ACTING PURSUANT TO A WILDLIFE MANAGEMENT PLAN,  WHO  COMPLIES  WITH  THE
 CRITERIA  ESTABLISHED  BY THE DEPARTMENT, IN RULES AND REGULATIONS, THAT
 AT A MINIMUM REQUIRE:
   A. A MINIMUM LEVEL OF MARKSMANSHIP  CERTIFICATION,  INCLUDING  ONGOING
 CERTIFICATION;
   B. LIABILITY INSURANCE COVERAGE LEVELS OR OTHER FINANCIAL ARRANGEMENTS
 APPROVED BY THE DEPARTMENT; AND
   C. REPORTING REQUIREMENTS.
   2.  THE  DEPARTMENT  MAY,  AFTER  REVIEWING THE SITE-SPECIFIC 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
 OR WELFARE, ISSUE A CERTIFIED NUISANCE WILDLIFE SPECIALIST A CULL PERMIT
 FOR THE FOLLOWING WILDLIFE:
   A.  FOR  AREAS  AT  AN  AIRPORT, WILDLIFE SHALL MEAN WILD GAME AND ALL
 OTHER ANIMAL LIFE EXISTING IN A WILD STATE AT AN AIRPORT, AS DEFINED  IN

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04962-01-9
              

 A. 1599                             2
 
 SUBDIVISION  FIVE  OF  SECTION TWO HUNDRED FORTY OF THE GENERAL BUSINESS
 LAW, THAT MAY POSE A RISK TO AIRCRAFT.
   B. FOR ALL OTHER AREAS, WILDLIFE SHALL MEAN ONLY DEER AND COYOTE.
   3.  EACH CULL PERMIT APPLICATION SHALL COMPLY WITH THE CRITERIA ESTAB-
 LISHED BY THE DEPARTMENT IN RULES AND  REGULATIONS  THAT  AT  A  MINIMUM
 INCLUDE  REQUIREMENTS FOR: THE TIMEFRAME DURING WHICH THE PERMIT MUST BE
 USED, A SITE-SPECIFIC WILDLIFE MANAGEMENT PLAN, A GEOGRAPHIC DESCRIPTION
 OF THE AREA FOR WHICH THE PERMIT IS BEING REQUESTED, A WRITTEN  CONTRACT
 WITH THE AIRPORT OR ENTITY REQUESTING THE CULL, REQUESTS FOR ANY AUTHOR-
 IZATION  PURSUANT  TO  SUBDIVISIONS THREE AND NINE OF SECTION 11-0505 OF
 THIS TITLE, SUBDIVISION TWO OF SECTION  11-0901  OF  THIS  ARTICLE,  AND
 SUBDIVISIONS  TWO  AND FOUR OF SECTION 11-0931 OF THIS ARTICLE, PROVIDED
 THAT ANY SUCH AUTHORIZATION SUBSEQUENTLY  GRANTED  SHALL  BE  EXPLICITLY
 INCLUDED  ON  ANY  CULL PERMIT, AND DETAILS REGARDING EXPECTED LOCAL LAW
 ENFORCEMENT PARTICIPATION.
   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.
   §  2.  Subdivision 3 of section 11-0505 of the environmental conserva-
 tion law, as amended by chapter 135 of the laws of 1982, is amended  and
 a new subdivision 9 is added to read as follows:
   3. No deer or bear traps shall be made, set or used upon land inhabit-
 ed  by  deer  or bear. No salt lick shall be made, set or used upon land
 inhabited by deer or bear, except that:
   A. the department may do so on state  wildlife  refuges  and  wildlife
 management areas; AND
   B.  A  CERTIFIED  NUISANCE  WILDLIFE  SPECIALIST  WITH A PERMIT ISSUED
 PURSUANT TO PARAGRAPH A OR B OF SUBDIVISION TWO OF  SECTION  11-0522  OF
 THIS TITLE MAY DO SO PROVIDED THAT SUCH ACTIVITIES ARE IN FURTHERANCE OF
 THE SITE-SPECIFIC WILDLIFE MANAGEMENT PLAN.
   9.  A  CERTIFIED  NUISANCE  WILDLIFE  SPECIALIST  WITH A PERMIT ISSUED
 PURSUANT TO PARAGRAPH A OR B OF SUBDIVISION TWO OF  SECTION  11-0522  OF
 THIS TITLE MAY, IN ACCORDANCE WITH THE PARAMETERS OF SUCH PERMIT AND THE
 PARTICIPATION  OF  LOCAL  LAW  ENFORCEMENT,  ENTICE  DEER  IN THE MANNER
 PROHIBITED IN SUBDIVISION EIGHT  OF  THIS  SECTION  PROVIDED  THAT  SUCH
 ACTIVITIES  ARE  IN FURTHERANCE OF THE SITE-SPECIFIC WILDLIFE MANAGEMENT
 PLAN.
   § 3. Subdivision 2 of section 11-0901 of the  environmental  conserva-
 tion law is amended to read as follows:
   2. Wildlife shall not be taken on or from any public highway, except:
   A.  that in the forest preserve counties it may be taken from highways
 other than state, county or town highways; AND
   B. BY A CERTIFIED NUISANCE WILDLIFE SPECIALIST WITH  A  PERMIT  ISSUED
 PURSUANT  TO  PARAGRAPH  A OR B OF SUBDIVISION TWO OF SECTION 11-0522 OF
 THIS ARTICLE PROVIDED THAT SUCH ACTIVITIES ARE  IN  FURTHERANCE  OF  THE
 SITE-SPECIFIC WILDLIFE MANAGEMENT PLAN.
   §  4. Subdivision 2 and subparagraph 1 of paragraph b of subdivision 4
 of section 11-0931 of the environmental conservation law, as amended  by
 section  8  of part EE of chapter 55 of the laws of 2014, are amended to
 read as follows:
   2. A. No crossbow or firearm except a  pistol  or  revolver  shall  be
 carried or possessed in or on a motor vehicle unless it is uncocked, for
 a  crossbow or unloaded, for a firearm in both the chamber and the maga-
 zine, except that a loaded firearm which may be legally used for  taking

 A. 1599                             3
 
 migratory  game  birds  may be carried or possessed in a motorboat while
 being legally used in hunting migratory game birds,  and  B.  no  person
 except  a  law  enforcement  officer  in the performance of his official
 duties  OR A CERTIFIED NUISANCE WILDLIFE SPECIALIST WITH A PERMIT ISSUED
 PURSUANT TO PARAGRAPH A OR B OF SUBDIVISION TWO OF  SECTION  11-0522  OF
 THIS  ARTICLE,  PROVIDED  THAT SUCH ACTIVITIES ARE IN FURTHERANCE OF THE
 SITE-SPECIFIC WILDLIFE MANAGEMENT PLAN, shall, while in or  on  a  motor
 vehicle, use a jacklight, spotlight or other artificial light upon lands
 inhabited  by  deer if he or she is in possession or is accompanied by a
 person who is in possession, at the time of  such  use,  of  a  longbow,
 crossbow  or  a  firearm of any kind except a pistol or revolver, unless
 such longbow or crossbow is unstrung or  such  firearm  or  crossbow  is
 taken  down or securely fastened in a case or locked in the trunk of the
 vehicle. For purposes of this  subdivision,  motor  vehicle  shall  mean
 every  vehicle  or  other device operated by any power other than muscle
 power, and which shall  include  but  not  be  limited  to  automobiles,
 trucks,  motorcycles, tractors, trailers and motorboats, snowmobiles and
 snowtravelers, whether operated on or off public highways. Notwithstand-
 ing the provisions of this  subdivision,  the  department  may  issue  a
 permit  to  any  person  who is non-ambulatory, except with the use of a
 mechanized aid, to possess a loaded firearm in or on a motor vehicle  as
 defined  in this section, subject to such restrictions as the department
 may deem necessary in the interest of public  safety.  Nothing  in  this
 section permits the possession of a pistol or a revolver contrary to the
 penal law.
   (1) The owner or lessee of the dwelling house, or members of his imme-
 diate  family  actually  residing therein, or a person in his employ, or
 the guest of the owner or lessee of the dwelling house acting  with  the
 WRITTEN  consent of said owner or lessee, INCLUDING A CERTIFIED NUISANCE
 WILDLIFE SPECIALIST WITH A PERMIT ISSUED  PURSUANT  TO  PARAGRAPH  B  OF
 SUBDIVISION  TWO  OF SECTION 11-0522 OF THIS ARTICLE, PROVIDED THAT SUCH
 ACTIVITIES ARE IN FURTHERANCE OF THE SITE-SPECIFIC  WILDLIFE  MANAGEMENT
 PLAN, provided however, that nothing herein shall be deemed to authorize
 such persons to discharge a firearm within five hundred feet, a long bow
 within  one  hundred  fifty feet, or a crossbow within two hundred fifty
 feet of any other dwelling house, or a farm building or  farm  structure
 actually  occupied  or  used, or a school building or playground, public
 structure, or occupied factory or church;
   § 5. 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.