S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7146--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2025
                                ___________
 
 Introduced  by M. of A. K. BROWN, DeSTEFANO -- read once and referred 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
   establishing  a  town of Huntington deer management pilot program; and
   providing for the repeal of certain provisions upon expiration thereof
 
   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-b to read as follows:
 § 11-0522-B. TOWN OF HUNTINGTON DEER MANAGEMENT PILOT PROGRAM.
   1. FOR THE PURPOSES OF THIS SECTION,  "NUISANCE  WILDLIFE  SPECIALIST"
 SHALL  MEAN  AN  EMPLOYEE  OF  OR  A CONTRACTOR FOR THE FEDERAL OR STATE
 GOVERNMENT RESPONSIBLE FOR WILDLIFE MANAGEMENT ACTING PURSUANT TO A DEER
 MANAGEMENT PLAN AND DEER CULL PERMIT.  A  NUISANCE  WILDLIFE  SPECIALIST
 MUST  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 HUNTING IMPLEMENT TO BE USED;
   B.  LIABILITY INSURANCE COVERAGE OR OTHER FINANCIAL ARRANGEMENTS IDEN-
 TIFIED BY THE DEPARTMENT;
   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  HUNTINGTON'S  CULL
 PERMIT  APPLICATION  AND  SITE-SPECIFIC DEER MANAGEMENT PLAN, AND UPON A
 FINDING BY THE TOWN OF HUNTINGTON THAT  DEER  HAVE  BECOME  A  NUISANCE,
 DESTRUCTIVE  TO  PUBLIC OR PRIVATE PROPERTY OR A THREAT TO PUBLIC HEALTH
 OR WELFARE, ISSUE A DEER CULL PERMIT FOR USE WITHIN  THE  BOUNDARIES  OF
 THE  TOWN OF HUNTINGTON, AUTHORIZING USE OF A NUISANCE WILDLIFE SPECIAL-
 IST TO TAKE DEER PURSUANT TO THE TERMS OF THE DEER CULL PERMIT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03709-03-5
 A. 7146--A                          2
 
   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
 HUNTINGTON,  A  LIST  WHICH  IDENTIFIES  PARTICIPATING NUISANCE WILDLIFE
 SPECIALISTS AND ELIGIBILITY BASED ON THE  CRITERIA  ESTABLISHED  BY  THE
 DEPARTMENT, PROVIDED BY THE TOWN OF HUNTINGTON, REQUESTS FOR ANY AUTHOR-
 IZATION  PURSUANT  TO SUBDIVISIONS THREE-A AND ELEVEN OF SECTION 11-0505
 OF THIS TITLE, SUBDIVISION TWO-A OF SECTION 11-0901 OF THIS ARTICLE, AND
 SUBDIVISIONS TWO-A AND  FOUR-A  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 CONSULTATION.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING OR OBLIGAT-
 ING  THE  DEPARTMENT  TO ISSUE A PERMIT TO TAKE DEER WHEN IN ITS OPINION
 THE NUISANCE, DESTRUCTION OF PROPERTY OR THREAT  TO  PUBLIC  HEALTH  AND
 WELFARE WILL NOT BE EFFECTIVELY ABATED THEREBY.
   §  2. Subdivisions 3, 9 and 10 of section 11-0505 of the environmental
 conservation law, subdivision 3 as separately amended  by  chapters  683
 and  704  of the laws of 2023, paragraph b of subdivision 3 and subdivi-
 sion 9 as amended by chapter 65 of the laws of 2024, and paragraph c  of
 subdivision 3 and subdivision 10 as amended by chapter 83 of the laws of
 2024, are amended 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  nuisance  wildlife  specialist with a permit issued pursuant to
 [section 11-0522 of] this title may do so provided that such  activities
 are in furtherance of the site-specific deer management plan.
   [c.  a  nuisance  wildlife specialist with a permit issued pursuant to
 section 11-0522-a of this title may do so provided that such  activities
 are in furtherance of the site-specific deer management plan.]
   9.  A  nuisance  wildlife  specialist with a permit issued pursuant to
 [section 11-0522 of] this title may, in accordance with  the  parameters
 of  such  permit  and  the consultation 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
 deer management plan.
   [10. A nuisance wildlife specialist with a permit issued  pursuant  to
 section  11-0522-a of] this title may, in accordance with the parameters
 of such permit and the consultation 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
 deer management plan.]
   § 2-a. 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
 A. 7146--A                          3
 
   B. A NUISANCE WILDLIFE SPECIALIST WITH A  PERMIT  ISSUED  PURSUANT  TO
 THIS TITLE MAY DO SO PROVIDED THAT SUCH ACTIVITIES ARE IN FURTHERANCE OF
 THE SITE-SPECIFIC DEER MANAGEMENT PLAN.
   9.  A  NUISANCE  WILDLIFE  SPECIALIST WITH A PERMIT ISSUED PURSUANT TO
 THIS TITLE MAY, IN ACCORDANCE WITH THE PARAMETERS OF SUCH PERMIT AND THE
 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.  Subdivision 2 of section 11-0901 of the environmental conserva-
 tion law, as separately amended by chapters 683 and 704 of the  laws  of
 2023,  paragraph  b  as  amended  by chapter 65 of the laws of 2024, and
 paragraph c as amended by chapter 83 of the laws of 2024, 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 nuisance wildlife specialist with a permit issued pursuant  to
 [section  11-0522  of] this article provided that such activities are in
 furtherance of the site-specific deer management plan.
   [c. by a nuisance wildlife specialist with a permit issued pursuant to
 section 11-0522-a of this article provided that such activities  are  in
 furtherance of the site-specific deer management plan.]
   § 3-a. 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 NUISANCE WILDLIFE SPECIALIST WITH A PERMIT ISSUED PURSUANT  TO
 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 separately
 amended by chapters 65 and 83 of the laws of 2024, 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] THEIR offi-
 cial duties or a nuisance  wildlife  specialist  with  a  permit  issued
 pursuant to [section 11-0522 of] this article, provided that such activ-
 ities  are in furtherance of the site-specific deer management plan, [or
 a nuisance wildlife specialist with a permit issued pursuant to  section
 11-0522-a of this article, provided that such activities are in further-
 ance 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] THEY ARE in possession or [is]
 ARE  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 automo-
 A. 7146--A                          4
 
 biles, trucks, motorcycles, tractors, trailers and  motorboats,  snowmo-
 biles  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  vehi-
 cle  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 contra-
 ry to the penal law.
   (1)  The  owner  or  lessee of the dwelling house, or members of [his]
 THEIR immediate family actually residing therein, or a person  in  [his]
 THE  employ OF SUCH OWNER OR LESSEE, 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 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;  provided  further,  that  a
 nuisance  wildlife  specialist with a permit issued pursuant to [section
 11-0522 of] this article acting in furtherance of  the  [site  specific]
 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 certi-
 fied mail of the date or dates, and time period of the  expected  activ-
 ity,  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[; provided
 further, that a nuisance wildlife specialist with a permit issued pursu-
 ant to section 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 certi-
 fied 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];
   § 4-a. 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
 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] THEIR offi-
 cial duties OR A NUISANCE  WILDLIFE  SPECIALIST  WITH  A  PERMIT  ISSUED
 PURSUANT  TO THIS ARTICLE, PROVIDED THAT SUCH ACTIVITIES ARE IN FURTHER-
 ANCE 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] THEY ARE 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
 A. 7146--A                          5
 
 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 automo-
 biles,  trucks,  motorcycles, tractors, trailers and motorboats, snowmo-
 biles 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 vehi-
 cle 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 contra-
 ry to the penal law.
   (1) The owner or lessee of the dwelling house,  or  members  of  [his]
 THEIR  immediate  family actually residing therein, or a person in [his]
 THE 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 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 facto-
 ry or church; PROVIDED FURTHER, THAT A NUISANCE WILDLIFE SPECIALIST WITH
 A PERMIT ISSUED PURSUANT TO 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 CERTI-
 FIED 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. The department of environmental conservation, following consulta-
 tion with the town of Huntington shall prepare a  report  examining  the
 effectiveness  of  the  town of Huntington deer management pilot program
 established pursuant to section 11-0522-b of the environmental conserva-
 tion law in addressing deer  overpopulation  and  the  effectiveness  in
 addressing  destruction  to  public  or  private property in the town of
 Huntington. The report shall include the number of cull permits  issued,
 and  the number of deer taken. The report shall also include recommenda-
 tions for program improvements, including the potential effectiveness of
 authorizing future programs. The report shall be delivered to the gover-
 nor, 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 first of January next  succeed-
 ing  the  date  on which it shall have become a law and sections one and
 five shall expire and be deemed repealed three years  after  such  date;
 provided  further, however, that the amendments to subdivisions 3, 9 and
 10 of section 11-0505 of the  environmental  conservation  law  made  by
 section  two  of this act, subdivision 2 of section 11-0901 of the envi-
 ronmental conservation law made by section three of this act and  subdi-
 vision  2  and subparagraph 1 of paragraph b of subdivision 4 of section
 11-0931 of the environmental conservation law made by  section  four  of
 this  act shall be subject to the expiration and reversion or repeal, as
 applicable, of such subdivisions and such paragraph pursuant to  section
 6  of  chapters  683  and 704 of the laws of 2023, as amended, when upon
 A. 7146--A                          6
 
 such date the provisions of sections two-a, three-a, and four-a of  this
 act shall take effect.