New York State Assembly

 
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A01599 Summary:

A01599 Actions:

A01599 Committee Votes:

Committee:ENVIRONMENTAL CONSERVATION   Chair:Englebright      
DATE:05/29/2019AYE/NAY:29/0  Action: Favorable         
Englebright
Aye
Stec
Aye
Glick
Aye
Raia
Aye
Colton
Aye
Palumbo
Aye
Cymbrowitz
Aye
Miller ML
Aye
Lifton
Aye
Miller B 
Aye
O'Donnell
Excused
Tague
Aye
Gunther
Aye
LiPetri
Aye
Jaffee
Aye
Smullen
Aye
Crespo
Aye
Thiele
Aye
Abinanti
Aye
Ryan
Aye
Fahy
Aye
Otis
Aye
Williams
Aye
Barrett
Aye
D'Urso
Aye
Carroll
Aye
Burke
Aye
Griffin
Aye
Romeo
Aye
Epstein
Aye

A01599 Floor Votes:

A01599 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1599
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 15, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  HUNTER,  D'URSO,  MAGNARELLI, FAHY, LUPARDO,
          HAWLEY, GALEF, COOK, RAIA, WILLIAMS, HYNDMAN, STIRPE, BLAKE --  Multi-
          Sponsored  by -- M. of A.  BARCLAY, McDONOUGH, THIELE -- read once and
          referred to the Committee on Environmental Conservation
 
        AN ACT to amend the environmental conservation law, in relation to wild-
          life damage management
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The environmental conservation law is amended by adding a
     2  new section 11-0522 to read as follows:
     3  § 11-0522. Cull permits to certified nuisance wildlife specialists.
     4    1. For the purposes of  this  section,  "certified  nuisance  wildlife
     5  specialist"  shall  mean  an  employee of a land grant university, or an
     6  employee of or a contractor for the federal or state government  or  any
     7  city,  town,  village or county, responsible for wildlife management and
     8  acting pursuant to a wildlife management plan,  who  complies  with  the
     9  criteria  established  by the department, in rules and regulations, that
    10  at a minimum require:
    11    a. a minimum level of marksmanship  certification,  including  ongoing
    12  certification;
    13    b. liability insurance coverage levels or other financial arrangements
    14  approved by the department; and
    15    c. reporting requirements.
    16    2.  The  department  may,  after  reviewing the site-specific wildlife
    17  management plan, and upon a finding that wildlife has become a nuisance,
    18  destructive to public or private property or a threat to  public  health
    19  or welfare, issue a certified nuisance wildlife specialist a cull permit
    20  for the following wildlife:
    21    a.  for  areas  at  an  airport, wildlife shall mean wild game and all
    22  other animal life existing in a wild state at an airport, as defined  in

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04962-01-9
        A. 1599                             2
 
     1  subdivision  five  of  section two hundred forty of the general business
     2  law, that may pose a risk to aircraft.
     3    b. for all other areas, wildlife shall mean only deer and coyote.
     4    3.  Each cull permit application shall comply with the criteria estab-
     5  lished by the department in rules and  regulations  that  at  a  minimum
     6  include  requirements for: the timeframe during which the permit must be
     7  used, a site-specific wildlife management plan, a geographic description
     8  of the area for which the permit is being requested, a written  contract
     9  with the airport or entity requesting the cull, requests for any author-
    10  ization  pursuant  to  subdivisions three and nine of section 11-0505 of
    11  this title, subdivision two of section  11-0901  of  this  article,  and
    12  subdivisions  two  and four of section 11-0931 of this article, provided
    13  that any such authorization subsequently  granted  shall  be  explicitly
    14  included  on  any  cull permit, and details regarding expected local law
    15  enforcement participation.
    16    4. Nothing in this section shall be construed as requiring or obligat-
    17  ing the department to issue a permit to  take  wildlife  or  direct  the
    18  taking  of any wildlife when in its opinion the nuisance, destruction of
    19  property or threat to public health and welfare will not be  effectively
    20  abated thereby.
    21    §  2.  Subdivision 3 of section 11-0505 of the environmental conserva-
    22  tion law, as amended by chapter 135 of the laws of 1982, is amended  and
    23  a new subdivision 9 is added to read as follows:
    24    3. No deer or bear traps shall be made, set or used upon land inhabit-
    25  ed  by  deer  or bear. No salt lick shall be made, set or used upon land
    26  inhabited by deer or bear, except that:
    27    a. the department may do so on state  wildlife  refuges  and  wildlife
    28  management areas; and
    29    b.  a  certified  nuisance  wildlife  specialist  with a permit issued
    30  pursuant to paragraph a or b of subdivision two of  section  11-0522  of
    31  this title may do so provided that such activities are in furtherance of
    32  the site-specific wildlife management plan.
    33    9.  A  certified  nuisance  wildlife  specialist  with a permit issued
    34  pursuant to paragraph a or b of subdivision two of  section  11-0522  of
    35  this title may, in accordance with the parameters of such permit and the
    36  participation  of  local  law  enforcement,  entice  deer  in the manner
    37  prohibited in subdivision eight  of  this  section  provided  that  such
    38  activities  are  in furtherance of the site-specific wildlife management
    39  plan.
    40    § 3. Subdivision 2 of section 11-0901 of the  environmental  conserva-
    41  tion law is amended to read as follows:
    42    2. Wildlife shall not be taken on or from any public highway, except:
    43    a.  that in the forest preserve counties it may be taken from highways
    44  other than state, county or town highways; and
    45    b. by a certified nuisance wildlife specialist with  a  permit  issued
    46  pursuant  to  paragraph  a or b of subdivision two of section 11-0522 of
    47  this article provided that such activities are  in  furtherance  of  the
    48  site-specific wildlife management plan.
    49    §  4. Subdivision 2 and subparagraph 1 of paragraph b of subdivision 4
    50  of section 11-0931 of the environmental conservation law, as amended  by
    51  section  8  of part EE of chapter 55 of the laws of 2014, are amended to
    52  read as follows:
    53    2. a. No crossbow or firearm except a  pistol  or  revolver  shall  be
    54  carried or possessed in or on a motor vehicle unless it is uncocked, for
    55  a  crossbow or unloaded, for a firearm in both the chamber and the maga-
    56  zine, except that a loaded firearm which may be legally used for  taking
        A. 1599                             3
 
     1  migratory  game  birds  may be carried or possessed in a motorboat while
     2  being legally used in hunting migratory game birds,  and  b.  no  person
     3  except  a  law  enforcement  officer  in the performance of his official
     4  duties  or a certified nuisance wildlife specialist with a permit issued
     5  pursuant to paragraph a or b of subdivision two of  section  11-0522  of
     6  this  article,  provided  that such activities are in furtherance of the
     7  site-specific wildlife management plan, shall, while in or  on  a  motor
     8  vehicle, use a jacklight, spotlight or other artificial light upon lands
     9  inhabited  by  deer if he or she is in possession or is accompanied by a
    10  person who is in possession, at the time of  such  use,  of  a  longbow,
    11  crossbow  or  a  firearm of any kind except a pistol or revolver, unless
    12  such longbow or crossbow is unstrung or  such  firearm  or  crossbow  is
    13  taken  down or securely fastened in a case or locked in the trunk of the
    14  vehicle. For purposes of this  subdivision,  motor  vehicle  shall  mean
    15  every  vehicle  or  other device operated by any power other than muscle
    16  power, and which shall  include  but  not  be  limited  to  automobiles,
    17  trucks,  motorcycles, tractors, trailers and motorboats, snowmobiles and
    18  snowtravelers, whether operated on or off public highways. Notwithstand-
    19  ing the provisions of this  subdivision,  the  department  may  issue  a
    20  permit  to  any  person  who is non-ambulatory, except with the use of a
    21  mechanized aid, to possess a loaded firearm in or on a motor vehicle  as
    22  defined  in this section, subject to such restrictions as the department
    23  may deem necessary in the interest of public  safety.  Nothing  in  this
    24  section permits the possession of a pistol or a revolver contrary to the
    25  penal law.
    26    (1) The owner or lessee of the dwelling house, or members of his imme-
    27  diate  family  actually  residing therein, or a person in his employ, or
    28  the guest of the owner or lessee of the dwelling house acting  with  the
    29  written  consent of said owner or lessee, including a certified nuisance
    30  wildlife specialist with a permit issued  pursuant  to  paragraph  b  of
    31  subdivision  two  of section 11-0522 of this article, provided that such
    32  activities are in furtherance of the site-specific  wildlife  management
    33  plan, provided however, that nothing herein shall be deemed to authorize
    34  such persons to discharge a firearm within five hundred feet, a long bow
    35  within  one  hundred  fifty feet, or a crossbow within two hundred fifty
    36  feet of any other dwelling house, or a farm building or  farm  structure
    37  actually  occupied  or  used, or a school building or playground, public
    38  structure, or occupied factory or church;
    39    § 5. This act shall take effect on the ninetieth day  after  it  shall
    40  have  become a law. Effective immediately the addition, amendment and/or
    41  repeal of any rule or regulation necessary  for  the  implementation  of
    42  this  act  on its effective date are authorized to be made and completed
    43  on or before such effective date.