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A08559 Summary:

BILL NOA08559
 
SAME ASSAME AS S08052
 
SPONSORThiele
 
COSPNSRBurdick, Brown K
 
MLTSPNSR
 
Ren §11-0522 to be §11-0522-a, amd §§11-0522-a, 11-0505, 11-0901 & 11-0931, En Con L; amd §5, Chap of 2023 (as proposed in S.4804-A & A.5542-A)
 
Directs the department of environmental conservation to establish a Long Island deer management pilot program in the town of Southold.
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A08559 Actions:

BILL NOA08559
 
01/09/2024referred to environmental conservation
01/30/2024reported
02/01/2024advanced to third reading cal.294
02/05/2024passed assembly
02/05/2024delivered to senate
02/05/2024REFERRED TO RULES
02/12/2024SUBSTITUTED FOR S8052
02/12/20243RD READING CAL.190
02/12/2024PASSED SENATE
02/12/2024RETURNED TO ASSEMBLY
02/13/2024delivered to governor
02/13/2024signed chap.83
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A08559 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8559
 
SPONSOR: Thiele
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: This bill provides technical amendments to Chapter 704 of the Laws of 2023, which established a deer management program for the Town of Sout- hold.   SUMMARY OF PROVISIONS: This bill would: eliminate the requirement that the Department of Environmental Conserva- tion establish a certified nuisance wildlife permit and instead utilize the existing cull permit process, while also requiring nuisance wildlife specialists to always retain a copy of such permit; and, revise the reporting requirements to eliminate certain pre-cull esti- mates.   JUSTIFICATION: Chapter 704 of the Laws of 2023 established the parameters of a Long Island Deer Management program for the Town of Southold. This legis- lation makes the technical amendments requested by the Executive to better facilitate the program's implementation, including eliminating the requirement for a new permitting structure.   PRIOR LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: 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 the Long Island deer management pilot program, as proposed in legislative bills numbers S.4804-A and A.5542-A, takes effect.
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A08559 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8559
 
                   IN ASSEMBLY
 
                                     January 9, 2024
                                       ___________
 
        Introduced by M. of A. THIELE -- read once and referred to the Committee
          on Environmental Conservation
 
        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:
 
     1    Section  1.  Section 11-0522 of the environmental conservation law, as
     2  added by a chapter of  the  laws  of  2023  amending  the  environmental
     3  conservation  law  relating  to  a  Long  Island  deer  management pilot
     4  program, as proposed in legislative  bills  numbers  S.  4804-A  and  A.
     5  5542-A, is renumbered section 11-0522-a and subdivisions 1, 2, and 3 are
     6  amended to read as follows:
     7    1.  For  the  purposes of this section, "[certified] nuisance wildlife
     8  specialist" shall mean an employee of or a contractor for the federal or
     9  state government responsible for wildlife management [and] acting pursu-
    10  ant to a deer management plan[, who has been certified by the department
    11  as complying] and deer cull permit. A nuisance wildlife specialist  must
    12  be  in compliance with [the] criteria established by the department that
    13  at a minimum shall require:
    14    a. a minimum  level  of  marksmanship  [certification]  qualifications
    15  appropriate  to  the firearm or hunting implement to be used[, including
    16  ongoing certification];
    17    b. liability insurance coverage [levels] or other  financial  arrange-
    18  ments [approved] identified by the department; [and]
    19    c.   a copy of the cull permit and a copy of the log of nuisance wild-
    20  life specialists using the permit, be on the nuisance wildlife  special-
    21  ist's person when exercising any privilege of such permit; and
    22    d. reporting requirements.
    23    2.  The  department  may,  after reviewing the town of Southold's cull
    24  permit application and site-specific deer management plan,  and  upon  a
    25  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

        A. 8559                             2
 
     1  destructive to public or private property or a threat to  public  health
     2  or welfare, issue [a certified nuisance wildlife specialist] a deer cull
     3  permit  for use within the boundaries of the town of Southold, authoriz-
     4  ing  the  use of a nuisance wildlife specialist to take deer pursuant to
     5  the terms of the deer cull permit.
     6    3. Each cull permit application shall at a  minimum  include  require-
     7  ments  for:  the timeframe during which the permit must be used, a site-
     8  specific deer management plan, a geographic description of the area  for
     9  which the permit is being requested, a written contract with the town of
    10  Southold,  a  list  which  identifies  participating  nuisance  wildlife
    11  specialists and eligibility based on the  criteria  established  by  the
    12  department,  provided by the town of Southold, requests for any authori-
    13  zation pursuant to subdivisions three and nine  of  section  11-0505  of
    14  this  title,  subdivision  two  of  section 11-0901 of this article, and
    15  subdivisions two and four of section 11-0931 of this  article,  provided
    16  that  any  such  authorization  subsequently granted shall be explicitly
    17  included on any cull permit, and details regarding  expected  local  law
    18  enforcement [participation] consultation.
    19    § 2. Paragraph b of subdivision 3 and subdivision 9 of section 11-0505
    20  of the environmental conservation law, as added by a chapter of the laws
    21  of  2023  amending the environmental conservation law relating to a Long
    22  Island deer management pilot program, as proposed in  legislative  bills
    23  numbers S. 4804-A and A. 5542-A, are amended to read as follows:
    24    [b.]  c.  a  [certified]  nuisance  wildlife  specialist with a permit
    25  issued pursuant to section [11-0522] 11-0522-a of this title may  do  so
    26  provided  that  such  activities are in furtherance of the site-specific
    27  deer management plan.
    28    [9.] 10. A [certified] nuisance  wildlife  specialist  with  a  permit
    29  issued  pursuant  to  section  [11-0522] 11-0522-a of this title may, in
    30  accordance with the parameters of such permit  and  the  [participation]
    31  consultation of local law enforcement, entice deer in the manner prohib-
    32  ited  in subdivision eight of this section provided that such activities
    33  are in furtherance of the site-specific deer management plan.
    34    § 3. Paragraph b of subdivision 2 of section 11-0901 of  the  environ-
    35  mental  conservation  law,  as  added  by  a chapter of the laws of 2023
    36  amending the environmental conservation law relating to  a  Long  Island
    37  deer  management pilot program, as proposed in legislative bills numbers
    38  S. 4804-A and A.  5542-A, is amended to read as follows:
    39    [b.] c. by a [certified] nuisance wildlife specialist  with  a  permit
    40  issued  pursuant to section [11-0522] 11-0522-a of this article provided
    41  that such activities  are  in  furtherance  of  the  site-specific  deer
    42  management plan.
    43    §  4. Subdivision 2 and subparagraph 1 of paragraph b of subdivision 4
    44  of section 11-0931 of the environmental conservation law, as amended  by
    45  a  chapter  of  the laws of 2023 amending the environmental conservation
    46  law relating to a Long Island deer management pilot program, as proposed
    47  in legislative bills numbers S. 4804-A and A.  5542-A,  are  amended  to
    48  read as follows:
    49    2.  a.    No  crossbow or firearm except a pistol or revolver shall be
    50  carried or possessed in or on a motor vehicle unless it is uncocked, for
    51  a crossbow or unloaded, for a firearm in both the chamber and the  maga-
    52  zine,  except that a loaded firearm which may be legally used for taking
    53  migratory game birds may be carried or possessed in  a  motorboat  while
    54  being  legally  used  in  hunting migratory game birds, and b. no person
    55  except a law enforcement officer in  the  performance  of  his  official
    56  duties  or  a  [certified]  nuisance  wildlife  specialist with a permit

        A. 8559                             3
 
     1  issued pursuant to section [11-0522] 11-0522-a of this article, provided
     2  that such activities  are  in  furtherance  of  the  site-specific  deer
     3  management plan, shall, while in or on a motor vehicle, use a jacklight,
     4  spotlight  or  other artificial light upon lands inhabited by deer if he
     5  or she is in possession  or  is  accompanied  by  a  person  who  is  in
     6  possession, at the time of such use, of a longbow, crossbow or a firearm
     7  of any kind except a pistol or revolver, unless such longbow or crossbow
     8  is  unstrung  or  such  firearm  or  crossbow  is taken down or securely
     9  fastened in a case or locked in the trunk of the vehicle.  For  purposes
    10  of  this  subdivision,  motor  vehicle shall mean every vehicle or other
    11  device operated by any power other than muscle power,  and  which  shall
    12  include  but  not  be limited to automobiles, trucks, motorcycles, trac-
    13  tors, trailers and motorboats, snowmobiles  and  snowtravelers,  whether
    14  operated  on  or  off public highways. Notwithstanding the provisions of
    15  this subdivision, the department may issue a permit to any person who is
    16  non-ambulatory, except with the use of a mechanized aid,  to  possess  a
    17  loaded  firearm  in  or  on  a motor vehicle as defined in this section,
    18  subject to such restrictions as the department may deem necessary in the
    19  interest  of  public  safety.  Nothing  in  this  section  permits   the
    20  possession of a pistol or a revolver contrary to the penal law.
    21    (1) The owner or lessee of the dwelling house, or members of his imme-
    22  diate  family  actually  residing therein, or a person in his employ, or
    23  the guest of the owner or lessee of the dwelling house acting  with  the
    24  consent  of  said owner or lessee, provided however, that nothing herein
    25  shall be deemed to authorize such persons to discharge a firearm  within
    26  five hundred feet, a long bow within one hundred fifty feet, or a cross-
    27  bow within two hundred fifty feet of any other dwelling house, or a farm
    28  building or farm structure actually occupied or used, or a school build-
    29  ing  or  playground,  public  structure,  or occupied factory or church;
    30  provided further, that a nuisance  wildlife  specialist  with  a  permit
    31  issued pursuant to section [11-0522] 11-0522-a of this article acting in
    32  furtherance  of  the  site-specific deer management plan may discharge a
    33  firearm within five hundred feet of  any  dwelling  houses,  structures,
    34  schools or playgrounds, provided that the owners or lessees thereof have
    35  been  notified by certified mail of the date or dates and time period of
    36  the expected activity, and discharge a firearm within two hundred  fifty
    37  feet  of  such  dwelling  houses,  structures,  schools  or  playgrounds
    38  provided that all the owners or lessees thereof  have  provided  written
    39  consent;
    40    §  5. Section 5 of a chapter of the laws of 2023 amending the environ-
    41  mental conservation law relating to a Long Island deer management  pilot
    42  program,  as  proposed  in  legislative  bills  numbers S. 4804-A and A.
    43  5542-A, is amended to read as follows:
    44    § 5. The department of environmental conservation, following consulta-
    45  tion with the town of Southold, shall prepare  a  report  examining  the
    46  effectiveness  of  the  Long Island deer management pilot program estab-
    47  lished pursuant to section  [11-0522]  11-0522-a  of  the  environmental
    48  conservation law in addressing deer overpopulation and the effectiveness
    49  in  addressing  destruction to public or private property in the town of
    50  Southold [as well as the impacts on surrounding communities]. The report
    51  shall include [estimates regarding the size of the  deer  population  in
    52  the town of Southold prior to the issuance of deer cull permits pursuant
    53  to section 11-0522 of the environmental conservation law,] the number of
    54  cull permits issued, and the number of deer taken. The report shall also
    55  include  recommendations  for program improvements, including the poten-
    56  tial effectiveness of authorizing future programs. The report  shall  be

        A. 8559                             4
 
     1  delivered to the governor, the speaker of the assembly and the temporary
     2  president of the senate, as well as published on the department's public
     3  website,  no  later  than thirty months after the effective date of this
     4  act.
     5    §  6.  This  act  shall  take  effect on the same date and in the same
     6  manner as a chapter of the  laws  of  2023  amending  the  environmental
     7  conservation  law  relating  to  a  Long  Island  deer  management pilot
     8  program, as proposed in legislative  bills  numbers  S.  4804-A  and  A.
     9  5542-A, takes effect.
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