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A08526 Summary:

BILL NOA08526
 
SAME ASSAME AS S08015
 
SPONSORHunter
 
COSPNSRBurdick
 
MLTSPNSR
 
Amd §§11-0522, 11-0505, 11-0901 & 11-0931, En Con L; amd §5, Chap of 2023 (as proposed in S.2630 & A.783)
 
Relates to establishing an urban deer management pilot program; authorizes the department of environmental conservation, after a review of the site-specific deer management plan, and upon a finding that deer have become a nuisance, destructive to public or private property or a threat to public health or welfare, to issue a deer cull permit.
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A08526 Actions:

BILL NOA08526
 
01/05/2024referred to environmental conservation
01/30/2024reported
02/01/2024advanced to third reading cal.293
02/05/2024substituted by s8015
 S08015 AMEND= MAY
 01/05/2024REFERRED TO RULES
 01/08/2024ORDERED TO THIRD READING CAL.24
 01/29/2024PASSED SENATE
 01/29/2024DELIVERED TO ASSEMBLY
 01/29/2024referred to environmental conservation
 02/05/2024substituted for a8526
 02/05/2024ordered to third reading cal.293
 02/05/2024passed assembly
 02/05/2024returned to senate
 02/07/2024DELIVERED TO GOVERNOR
 02/07/2024SIGNED CHAP.65
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A08526 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8526
 
                   IN ASSEMBLY
 
                                     January 5, 2024
                                       ___________
 
        Introduced by M. of A. HUNTER -- 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
          an  urban  deer  management  pilot program, as proposed in legislative
          bills numbers S. 2630 and A. 783, in relation to an urban deer manage-
          ment pilot program
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivisions 1, 2 and 3 of section 11-0522 of the environ-
     2  mental conservation law, as added by a  chapter  of  the  laws  of  2023
     3  amending  the  environmental  conservation law relating to an urban deer
     4  management pilot program, as proposed in legislative  bills  numbers  S.
     5  2630 and A. 783, are amended to read as follows:
     6    1.  For  the  purposes of this section, "[certified] nuisance wildlife
     7  specialist" shall mean an employee of or a contractor for the federal or
     8  state government responsible for wildlife management [and] acting pursu-
     9  ant to a deer management plan[, who has been certified by the department
    10  as complying] and deer cull permit. A nuisance wildlife specialist  must
    11  be  in compliance with [the] criteria established by the department that
    12  at a minimum shall require:
    13    a. a minimum  level  of  marksmanship  [certification]  qualifications
    14  appropriate  to  the firearm or hunting implement to be used[, including
    15  ongoing certification];
    16    b. liability insurance coverage [levels] or other  financial  arrange-
    17  ments [approved] identified by the department; [and]
    18    c.   a copy of the cull permit and a copy of the log of nuisance wild-
    19  life specialists using the permit, be on the nuisance wildlife  special-
    20  ist's person when exercising any privilege of such permit; and
    21    d. reporting requirements.
    22    2.  The  department  may,  after reviewing the city of Syracuse's cull
    23  permit application and site-specific deer management plan,  and  upon  a
    24  finding  by  the  city  of  Syracuse  that  deer have become a nuisance,
    25  destructive to public or private property or a threat to  public  health
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00592-02-4

        A. 8526                             2
 
     1  or welfare, issue [a certified nuisance wildlife specialist] a deer cull
     2  permit  for use within the boundaries of the city of Syracuse, authoriz-
     3  ing use of a nuisance wildlife specialist to take deer pursuant  to  the
     4  terms of the deer cull permit.
     5    3.  Each  cull  permit application shall at a minimum include require-
     6  ments for: the timeframe during which the permit must be used,  a  site-
     7  specific  deer management plan, a geographic description of the area for
     8  which the permit is being requested, a written contract with the city of
     9  Syracuse,  a  list  which  identifies  participating  nuisance  wildlife
    10  specialists  and  eligibility  based  on the criteria established by the
    11  department, provided by the city of Syracuse, requests for any  authori-
    12  zation  pursuant  to  subdivisions  three and nine of section 11-0505 of
    13  this title, subdivision two of section  11-0901  of  this  article,  and
    14  subdivisions  two  and four of section 11-0931 of this article, provided
    15  that any such authorization subsequently  granted  shall  be  explicitly
    16  included  on  any  cull permit, and details regarding expected local law
    17  enforcement [participation] consultation.
    18    § 2. Paragraph b of subdivision 3 and subdivision 9 of section 11-0505
    19  of the environmental conservation law, paragraph b of subdivision  3  as
    20  amended  and  subdivision  9  as  added by a chapter of the laws of 2023
    21  amending the environmental conservation law relating to  an  urban  deer
    22  management  pilot  program,  as proposed in legislative bills numbers S.
    23  2630 and A. 783, are amended to read as follows:
    24    b. a [certified] nuisance wildlife specialist  with  a  permit  issued
    25  pursuant  to  section 11-0522 of this title may do so provided that such
    26  activities are in furtherance of the site-specific deer management plan.
    27    9. A [certified] nuisance wildlife specialist  with  a  permit  issued
    28  pursuant  to  section  11-0522 of this title may, in accordance with the
    29  parameters of such permit and the [participation] consultation of  local
    30  law  enforcement,  entice  deer  in the manner prohibited in subdivision
    31  eight of this section provided that such activities are  in  furtherance
    32  of the site-specific deer management plan.
    33    §  3.  Paragraph b of subdivision 2 of section 11-0901 of the environ-
    34  mental conservation law, as amended by a chapter of  the  laws  of  2023
    35  amending  the  environmental  conservation law relating to an urban deer
    36  management pilot program, as proposed in legislative  bills  numbers  S.
    37  2630 and A. 783, is amended to read as follows:
    38    b.  by a [certified] nuisance wildlife specialist with a permit issued
    39  pursuant to section 11-0522 of this article provided  that  such  activ-
    40  ities are in furtherance of the site-specific deer management plan.
    41    §  4. Subdivision 2 and subparagraph 1 of paragraph b of subdivision 4
    42  of section 11-0931 of the environmental conservation law, as amended  by
    43  a  chapter  of  the laws of 2023 amending the environmental conservation
    44  law relating to an urban deer management pilot program, as  proposed  in
    45  legislative  bills  numbers  S.  2630 and A. 783, are amended to read as
    46  follows:
    47    2. a. No crossbow or firearm except a  pistol  or  revolver  shall  be
    48  carried or possessed in or on a motor vehicle unless it is uncocked, for
    49  a  crossbow or unloaded, for a firearm in both the chamber and the maga-
    50  zine, except that a loaded firearm which may be legally used for  taking
    51  migratory  game  birds  may be carried or possessed in a motorboat while
    52  being legally used in hunting migratory game birds,  and  b.  no  person
    53  except  a  law  enforcement  officer  in the performance of his official
    54  duties or a [certified]  nuisance  wildlife  specialist  with  a  permit
    55  issued  pursuant  to section 11-0522 of this article, provided that such
    56  activities are in furtherance of the site-specific deer management plan,

        A. 8526                             3
 
     1  shall, while in or on a motor vehicle, use  a  jacklight,  spotlight  or
     2  other  artificial  light upon lands inhabited by deer if he or she is in
     3  possession or is accompanied by a person who is in  possession,  at  the
     4  time of such use, of a longbow, crossbow or a firearm of any kind except
     5  a  pistol  or  revolver,  unless such longbow or crossbow is unstrung or
     6  such firearm or crossbow is taken down or securely fastened in a case or
     7  locked in the trunk of the vehicle. For purposes  of  this  subdivision,
     8  motor  vehicle  shall mean every vehicle or other device operated by any
     9  power other than muscle power, and which shall include but not be limit-
    10  ed to automobiles, trucks, motorcycles, tractors,  trailers  and  motor-
    11  boats,  snowmobiles and snowtravelers, whether operated on or off public
    12  highways.  Notwithstanding  the  provisions  of  this  subdivision,  the
    13  department  may  issue  a  permit  to  any person who is non-ambulatory,
    14  except with the use of a mechanized aid, to possess a loaded firearm  in
    15  or  on  a  motor  vehicle  as  defined  in this section, subject to such
    16  restrictions as the department may deem necessary  in  the  interest  of
    17  public  safety.  Nothing  in  this  section  permits the possession of a
    18  pistol or a revolver contrary to the penal law.
    19    (1) The owner or lessee of the dwelling house, or members of his imme-
    20  diate family actually residing therein, or a person in  his  employ,  or
    21  the  guest  of the owner or lessee of the dwelling house acting with the
    22  consent of said owner or lessee, provided however, that  nothing  herein
    23  shall  be deemed to authorize such persons to discharge a firearm within
    24  five hundred feet, a long bow within one hundred fifty feet, or a cross-
    25  bow within two hundred fifty feet of any other dwelling house, or a farm
    26  building or farm structure actually occupied or used, or a school build-
    27  ing or playground, public structure,  or  occupied  factory  or  church;
    28  provided  further,  that  a  nuisance  wildlife specialist with a permit
    29  issued pursuant to section 11-0522 of this article acting in furtherance
    30  of the site specific deer management plan may discharge a firearm within
    31  five hundred feet of any dwelling houses, structures, schools  or  play-
    32  grounds,  provided that the owners or lessees thereof have been notified
    33  by certified mail of the date or dates, and time period of the  expected
    34  activity,  and discharge a firearm within two hundred fifty feet of such
    35  dwelling houses, structures, schools or playgrounds  provided  that  all
    36  the owners or lessees thereof have provided written consent;
    37    §  5. Section 5 of a chapter of the laws of 2023 amending the environ-
    38  mental conservation law relating  to  an  urban  deer  management  pilot
    39  program, as proposed in legislative bills numbers S. 2630 and A. 783, is
    40  amended to read as follows:
    41    § 5. The department of environmental conservation, following consulta-
    42  tion  with  the  city  of Syracuse, shall prepare a report examining the
    43  effectiveness of the urban deer  management  pilot  program  established
    44  pursuant  to  section  11-0522  of the environmental conservation law in
    45  addressing deer  overpopulation  and  the  effectiveness  in  addressing
    46  destruction  to  public  or private property in the city of Syracuse [as
    47  well as the  impacts  on  surrounding  communities].  The  report  shall
    48  include [estimates regarding the size of the deer population in the city
    49  of  Syracuse  prior  to  the  issuance  of deer cull permits pursuant to
    50  section 11-0522 of the environmental conservation law,]  the  number  of
    51  cull permits issued, and the number of deer taken. The report shall also
    52  include  recommendations  for program improvements, including the poten-
    53  tial effectiveness of authorizing future programs.  The report shall  be
    54  delivered to the governor, the speaker of the assembly and the temporary
    55  president of the senate, as well as published on the department's public

        A. 8526                             4
 
     1  website,  no  later  than thirty months after the effective date of this
     2  act.
     3    §  6.  This  act  shall  take  effect on the same date and in the same
     4  manner as a chapter of the  laws  of  2023  amending  the  environmental
     5  conservation  law relating to an urban deer management pilot program, as
     6  proposed in legislative bills numbers S. 2630 and A. 783, takes effect.
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