Senate Bill S10179

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10179
 
                             I N  S E N A T E
 
                                May 4, 2026
                                ___________
 
 Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   establishing  a  counties  of Nassau and Suffolk deer management pilot
   program; to repeal subdivision 10 of section 11-0505 of  the  environ-
   mental conservation law relating thereto; 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.  COUNTIES  OF  NASSAU  AND  SUFFOLK  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 A CULL PERMIT  APPLICATION  AND
 SITE-SPECIFIC DEER MANAGEMENT PLAN FROM THE COUNTY OF NASSAU, THE COUNTY
 OF SUFFOLK OR ANY MUNICIPALITY WITHIN SUCH COUNTIES WHICH HAS OPTED INTO
 THE  PROGRAM  PURSUANT  TO SUBDIVISION THREE OF THIS SECTION, AND UPON A
 FINDING BY THE COUNTY OF NASSAU, COUNTY OF SUFFOLK OR MUNICIPALITY THER-
 EIN THAT DEER HAVE BECOME A NUISANCE, DESTRUCTIVE TO PUBLIC  OR  PRIVATE
 PROPERTY  OR  A  THREAT  TO  PUBLIC HEALTH OR WELFARE, ISSUE A DEER CULL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15449-01-6
 S. 10179                            2
 
 PERMIT FOR USE WITHIN THE BOUNDARIES OF THE COUNTY OF NASSAU, COUNTY  OF
 SUFFOLK  OR APPLICABLE MUNICIPALITY, AUTHORIZING USE OF A NUISANCE WILD-
 LIFE  SPECIALIST TO TAKE DEER PURSUANT TO THE TERMS  OF  THE  DEER  CULL
 PERMIT.
   3.  A.  ANY TOWN, CITY, OR VILLAGE LOCATED WITHIN THE COUNTY OF NASSAU
 OR THE COUNTY OF SUFFOLK MAY ELECT TO PARTICIPATE IN THE  PILOT  PROGRAM
 ESTABLISHED  BY  THIS  SECTION BY ADOPTION OF A LOCAL LAW OR RESOLUTION.
 SUCH MUNICIPALITY MAY:
   (I) SUBMIT A CULL PERMIT APPLICATION DIRECTLY TO THE DEPARTMENT; OR
   (II) AUTHORIZE THE COUNTY WITHIN WHICH IT IS LOCATED TO  INCLUDE  SUCH
 MUNICIPALITY WITHIN A COUNTY-WIDE APPLICATION.
   B.  NO  DEER  CULL ACTIVITIES SHALL OCCUR WITHIN A MUNICIPALITY UNLESS
 SUCH MUNICIPALITY HAS AFFIRMATIVELY OPTED INTO THE PROGRAM.
   4. 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 COUNTY
 OF NASSAU, COUNTY OF SUFFOLK OR THE MUNICIPALITY THAT APPLIED  FOR  SUCH
 PERMIT, A LIST WHICH IDENTIFIES PARTICIPATING NUISANCE WILDLIFE SPECIAL-
 ISTS  AND  ELIGIBILITY  BASED ON THE CRITERIA ESTABLISHED BY THE DEPART-
 MENT, PROVIDED BY THE COUNTY OF NASSAU, COUNTY OF SUFFOLK OR THE MUNICI-
 PALITY THAT APPLIED FOR SUCH  PERMIT,  REQUESTS  FOR  ANY  AUTHORIZATION
 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  SUBDI-
 VISIONS  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.
   5. 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 and 9 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 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.
 S. 10179                            3
 
   § 3.  Subdivision 10 of section 11-0505 of the environmental conserva-
 tion law is REPEALED.
   §  4.  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  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.
   § 5. 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.]
   § 6. 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.
   § 7. 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]  SUCH  LAW
 ENFORCEMENT  OFFICER'S official duties or 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, [or a nuisance wildlife specialist with  a  permit
 issued pursuant to section 11-0522-a of this article, provided that such
 S. 10179                            4

 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]
 SUCH  LAW  ENFORCEMENT  OFFICER  OR  NUISANCE WILDLIFE SPECIALIST 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 limit-
 ed  to  automobiles,  trucks, motorcycles, tractors, trailers and motor-
 boats, 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] THE
 OWNER OR LESSEE OF THE DWELLING HOUSE'S immediate family actually resid-
 ing 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 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 of] this article acting in  further-
 ance  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 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 play-
 grounds  provided  that  all the owners or lessees thereof have provided
 written consent[; provided further, that a nuisance wildlife  specialist
 with  a  permit  issued  pursuant  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 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 play-
 grounds provided that all the owners or lessees  thereof  have  provided
 written consent];
   §  8. 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-
 S. 10179                            5
 
 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] SUCH LAW
 ENFORCEMENT OFFICER'S official duties OR A NUISANCE WILDLIFE  SPECIALIST
 WITH A PERMIT ISSUED PURSUANT TO THIS ARTICLE, PROVIDED THAT SUCH ACTIV-
 ITIES  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]
 SUCH LAW ENFORCEMENT OFFICER OR  NUISANCE  WILDLIFE  SPECIALIST  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 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 limit-
 ed  to  automobiles,  trucks, motorcycles, tractors, trailers and motor-
 boats, 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]
 SUCH OWNER OR LESSEE OF THE DWELLING HOUSE'S 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  play-
 ground,  public  structure,  or  occupied  factory  or  church; PROVIDED
 FURTHER, THAT A NUISANCE WILDLIFE SPECIALIST WITH A PERMIT ISSUED PURSU-
 ANT 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 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, STRUC-
 TURES, SCHOOLS OR PLAYGROUNDS PROVIDED THAT ALL THE  OWNERS  OR  LESSEES
 THEREOF HAVE PROVIDED WRITTEN CONSENT;
   § 9. The department of environmental conservation, following consulta-
 tion with the county of Nassau, county of Suffolk or municipality there-
 in,  shall  prepare a report examining the effectiveness of the counties
 of Nassau and Suffolk deer management pilot program established pursuant
 to section 11-0522-b of the environmental conservation law in addressing
 deer overpopulation and the effectiveness in addressing  destruction  to
 public or private property in the county of Nassau, county of Suffolk or
 municipality  therein.  The  report  shall  include  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. 10179                            6
 
 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.
   § 10. 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
 nine of this act shall expire and be deemed repealed three  years  after
 such  date;  provided  further, however, that the amendments to subdivi-
 sions 3 and 9 of section 11-0505 of the environmental  conservation  law
 made by section two of this act, subdivision 2 of section 11-0901 of the
 environmental  conservation  law  made  by  section five of this act and
 subdivision 2 and subparagraph 1 of paragraph  b  of  subdivision  4  of
 section  11-0931  of  the environmental conservation law made by section
 seven 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  such date the provisions of sections four, six, and eight of
 this act shall take effect.