S T A T E O F N E W Y O R K
________________________________________________________________________
8052
I N S E N A T E
January 5, 2024
___________
Introduced by Sen. PALUMBO -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the environmental conservation law and a chapter of the
laws of 2023 amending the environmental conservation law relating to a
Long Island deer management pilot program, as proposed in legislative
bills numbers S. 4804-A and A. 5542-A, in relation to an urban deer
management pilot program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 11-0522 of the environmental conservation law, as
added by a chapter of the laws of 2023 amending the environmental
conservation law relating to a Long Island deer management pilot
program, as proposed in legislative bills numbers S. 4804-A and A.
5542-A, is renumbered section 11-0522-a and subdivisions 1, 2, and 3 are
amended to read as follows:
1. For the purposes of this section, "[certified] nuisance wildlife
specialist" shall mean an employee of or a contractor for the federal or
state government responsible for wildlife management [and] acting pursu-
ant to a deer management plan[, who has been certified by the department
as complying] AND DEER CULL PERMIT. A NUISANCE WILDLIFE SPECIALIST MUST
BE IN COMPLIANCE with [the] criteria established by the department that
at a minimum SHALL require:
a. a minimum level of marksmanship [certification] QUALIFICATIONS
appropriate to the firearm or hunting implement to be used[, including
ongoing certification];
b. liability insurance coverage [levels] or other financial arrange-
ments [approved] IDENTIFIED by the department; [and]
c. A COPY OF THE CULL PERMIT AND A COPY OF THE LOG OF NUISANCE WILD-
LIFE SPECIALISTS USING THE PERMIT, BE ON THE NUISANCE WILDLIFE SPECIAL-
IST'S PERSON WHEN EXERCISING ANY PRIVILEGE OF SUCH PERMIT; AND
D. reporting requirements.
2. The department may, after reviewing the town of Southold's CULL
PERMIT APPLICATION AND site-specific deer management plan, and upon a
finding by the town of Southold that deer have become a nuisance,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07252-06-4
S. 8052 2
destructive to public or private property or a threat to public health
or welfare, issue [a certified nuisance wildlife specialist] a deer cull
permit for use within the boundaries of the town of Southold, AUTHORIZ-
ING THE USE OF A NUISANCE WILDLIFE SPECIALIST TO TAKE DEER PURSUANT TO
THE TERMS OF THE DEER CULL PERMIT.
3. Each cull permit application shall at a minimum include require-
ments for: the timeframe during which the permit must be used, a site-
specific deer management plan, a geographic description of the area for
which the permit is being requested, a written contract with the town of
Southold, A LIST WHICH IDENTIFIES PARTICIPATING NUISANCE WILDLIFE
SPECIALISTS AND ELIGIBILITY BASED ON THE CRITERIA ESTABLISHED BY THE
DEPARTMENT, PROVIDED BY THE TOWN OF SOUTHOLD, requests for any authori-
zation 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] CONSULTATION.
§ 2. Paragraph b of subdivision 3 and subdivision 9 of section 11-0505
of the environmental conservation law, as added by a chapter of the laws
of 2023 amending the environmental conservation law relating to a Long
Island deer management pilot program, as proposed in legislative bills
numbers S. 4804-A and A. 5542-A, are amended to read as follows:
[b.] C. a [certified] nuisance wildlife specialist with a permit
issued pursuant to section [11-0522] 11-0522-A of this title may do so
provided that such activities are in furtherance of the site-specific
deer management plan.
[9.] 10. A [certified] nuisance wildlife specialist with a permit
issued pursuant to section [11-0522] 11-0522-A of this title may, in
accordance with the parameters of such permit and the [participation]
CONSULTATION of local law enforcement, entice deer in the manner prohib-
ited in subdivision eight of this section provided that such activities
are in furtherance of the site-specific deer management plan.
§ 3. Paragraph b of subdivision 2 of section 11-0901 of the environ-
mental conservation law, as added by a chapter of the laws of 2023
amending the environmental conservation law relating to a Long Island
deer management pilot program, as proposed in legislative bills numbers
S. 4804-A and A. 5542-A, is amended to read as follows:
[b.] C. by a [certified] nuisance wildlife specialist with a permit
issued pursuant to section [11-0522] 11-0522-A of this article provided
that such activities are in furtherance of the site-specific deer
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
a chapter of the laws of 2023 amending the environmental conservation
law relating to a Long Island deer management pilot program, as proposed
in legislative bills numbers S. 4804-A and A. 5542-A, 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
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
S. 8052 3
issued pursuant to section [11-0522] 11-0522-A of this article, provided
that such activities are in furtherance of the site-specific deer
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, trac-
tors, trailers and motorboats, snowmobiles and snowtravelers, whether
operated on or off public highways. Notwithstanding 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
consent of said owner or lessee, 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 cross-
bow within two hundred fifty feet of any other dwelling house, or a farm
building or farm structure actually occupied or used, or a school build-
ing or playground, public structure, or occupied factory or church;
provided further, that a NUISANCE wildlife specialist with a permit
issued pursuant to section [11-0522] 11-0522-A of this article acting in
furtherance of the site-specific deer management plan may discharge a
firearm within five hundred feet of any dwelling houses, structures,
schools or playgrounds, provided that the owners or lessees thereof have
been notified by certified mail of the date OR DATES and time PERIOD of
the expected activity, and discharge a firearm within two hundred fifty
feet of such dwelling houses, structures, schools or playgrounds
provided that all the owners or lessees thereof have provided written
consent;
§ 5. Section 5 of a chapter of the laws of 2023 amending the environ-
mental conservation law relating to a Long Island deer management pilot
program, as proposed in legislative bills numbers S. 4804-A and A.
5542-A, is amended to read as follows:
§ 5. The department of environmental conservation, following consulta-
tion with the town of Southold, shall prepare a report examining the
effectiveness of the Long Island deer management pilot program estab-
lished pursuant to section [11-0522] 11-0522-A of the environmental
conservation law in addressing deer overpopulation and the effectiveness
in addressing destruction to public or private property in the town of
Southold [as well as the impacts on surrounding communities]. The report
shall include [estimates regarding the size of the deer population in
the town of Southold prior to the issuance of deer cull permits pursuant
to section 11-0522 of the environmental conservation law,] the number of
cull permits issued, and the number of deer taken. The report shall also
include recommendations for program improvements, including the poten-
tial effectiveness of authorizing future programs. The report shall be
S. 8052 4
delivered to the governor, the speaker of the assembly and the temporary
president of the senate, as well as published on the department's public
website, no later than thirty months after the effective date of this
act.
§ 6. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2023 amending the environmental
conservation law relating to a Long Island deer management pilot
program, as proposed in legislative bills numbers S. 4804-A and A.
5542-A, takes effect.
