LBD03709-04-5
S. 1171--A 2
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.
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:
S. 1171--A 3
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.
§ 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
S. 1171--A 4
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-
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
S. 1171--A 5
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
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-
S. 1171--A 6
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
such date the provisions of sections two-a, three-a, and four-a of this
act shall take effect.
