Assembly Bill A5407

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5407
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2025
                                ___________
 
 Introduced  by  M.  of  A. LUPARDO, JONES, WEPRIN, SEAWRIGHT, BENDETT --
   Multi-Sponsored by -- M. of A. DAVILA -- read once and referred to the
   Committee 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 11-0521-a to read as follows:
 § 11-0521-A. SPECIAL AIRPORT AIR STRIKE HAZARD PERMITS.
   1. FOR THE PURPOSES OF THIS SECTION:
   A.  "AIRPORT"  SHALL MEAN AN AIRPORT AS DEFINED IN SUBDIVISION FIVE OF
 SECTION TWO HUNDRED FORTY OF THE GENERAL BUSINESS LAW.
   B. "AIRPORT WILDLIFE HAZARD SPECIALIST" SHALL MEAN AN EMPLOYEE OF OR A
 CONTRACTOR FOR THE FEDERAL OR STATE GOVERNMENT RESPONSIBLE FOR  WILDLIFE
 MANAGEMENT  AT  AN  AIRPORT,  OR  AN  EMPLOYEE OF AN AIRPORT WHEN ACTING
 CONSISTENT WITH AN AIRPORT WILDLIFE MANAGEMENT PLAN AND SPECIAL  AIRPORT
 AIR STRIKE HAZARD PERMIT.
   C.  "WILDLIFE"  SHALL MEAN SPECIES PERMITTED TO BE TAKEN PURSUANT TO A
 PERMIT ISSUED BY THE UNITED STATES FISH AND  WILDLIFE  SERVICE  AND  THE
 DEPARTMENT.
   2.  AIRPORT  WILDLIFE  HAZARD  SPECIALISTS SHALL BE IN COMPLIANCE WITH
 CRITERIA ESTABLISHED BY THE DEPARTMENT THAT AT A MINIMUM SHALL REQUIRE:
   A. A MINIMUM LEVEL OF MARKSMANSHIP QUALIFICATIONS APPROPRIATE  TO  THE
 FIREARM OR IMPLEMENT TO BE USED;
   B.  LIABILITY INSURANCE COVERAGE OR OTHER FINANCIAL ARRANGEMENTS IDEN-
 TIFIED BY THE DEPARTMENT;
   C. A COPY OF THE SPECIAL AIRPORT AIR STRIKE HAZARD PERMIT  BE  ON  THE
 AIRPORT  WILDLIFE  HAZARD SPECIALIST'S PERSON WHEN EXERCISING ANY PRIVI-
 LEGE OF SUCH PERMIT; AND
   D. REPORTING REQUIREMENTS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07210-01-5
              

 A. 5407                             2
 
   3.  IN ADDITION TO OTHER PERMITTED WILDLIFE MANAGEMENT ACTIVITIES, THE
 DEPARTMENT MAY, AFTER REVIEWING THE  AIRPORT'S  PERMIT  APPLICATION  AND
 AIRPORT WILDLIFE MANAGEMENT PLAN, AND UPON A FINDING BY THE AIRPORT THAT
 WILDLIFE HAS BECOME A NUISANCE, DESTRUCTIVE TO PUBLIC OR PRIVATE PROPER-
 TY  OR  A  THREAT  TO  PUBLIC  HEALTH OR WELFARE, ISSUE TO THE AIRPORT A
 SPECIAL AIRPORT AIR STRIKE HAZARD PERMIT FOR USE ON  A  SPECIAL  AIRPORT
 AND  WITHIN  THE BOUNDARIES OF THE AFFECTED AREA SURROUNDING THE AIRPORT
 AS DETERMINED BY THE FEDERAL AVIATION ADMINISTRATION, AUTHORIZING USE OF
 AIRPORT WILDLIFE HAZARD SPECIALISTS TO TAKE  WILDLIFE  PURSUANT  TO  THE
 TERMS  OF  THE  SPECIAL AIRPORT AIR STRIKE HAZARD PERMIT NOTWITHSTANDING
 SUBDIVISIONS THREE AND EIGHT OF SECTION 11-0505 OF THIS TITLE,  SUBDIVI-
 SIONS  ONE  AND TWO OF SECTION 11-0901 OF THIS ARTICLE, AND SUBDIVISIONS
 ONE, TWO, FOUR AND FIVE OF SECTION 11-0931 OF THIS ARTICLE.
   4. EACH SPECIAL AIRPORT AIR STRIKE HAZARD PERMIT APPLICATION SHALL  AT
 A  MINIMUM  INCLUDE  REQUIREMENTS  FOR:  THE  TIMEFRAME DURING WHICH THE
 PERMIT IS TO BE VALID, AN AIRPORT WILDLIFE MANAGEMENT PLAN, A GEOGRAPHIC
 DESCRIPTION OF THE AREA FOR WHICH THE PERMIT IS BEING REQUESTED, A WRIT-
 TEN CONTRACT WITH THE AIRPORT IF APPLICABLE,  A  LIST  WHICH  IDENTIFIES
 PARTICIPATING  AIRPORT  WILDLIFE  HAZARD  SPECIALISTS  AND THE AIRPORT'S
 REQUESTS FOR DEPARTMENTAL APPROVAL  OF  ANY  AUTHORIZATION  PURSUANT  TO
 SUBDIVISION  THREE OF THIS SECTION, PROVIDED THAT ANY SUCH AUTHORIZATION
 SUBSEQUENTLY GRANTED SHALL BE EXPLICITLY INCLUDED ON ANY SPECIAL AIRPORT
 AIR STRIKE HAZARD PERMIT,  AND  DETAILS  REGARDING  EXPECTED  LOCAL  LAW
 ENFORCEMENT CONSULTATION.
   5. 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. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.