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A01731 Summary:

COSPNSRJones, Walczyk
Add §11-0522, En Con L
Authorizes the department to issue airport air strike hazard permits when the department finds that wildlife has become a nuisance, destructive to public or private property or a threat to public health or welfare.
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A01731 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                    January 11, 2021
        Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
          tee on Environmental Conservation
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          authorizing the issuance of special airport air strike hazard permits
          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. Special  airport  air  strike hazard permits authorizing take
     4               for wildlife control at airports.
     5    1. For the purposes of this section,  an  airport  air  strike  hazard
     6  permit  may  be issued to an employee of the federal or state government
     7  responsible for wildlife management at an  airport,  or  an  airport  as
     8  defined  in subdivision five of section two hundred forty of the general
     9  business law, or contractor thereof, when  such  person  or  airport  or
    10  contractor is acting pursuant to a wildlife management plan.
    11    2. The department may, after reviewing the airport wildlife management
    12  plan,  and  upon a finding that wildlife has become a nuisance, destruc-
    13  tive to public or private property or  a  threat  to  public  health  or
    14  welfare,  issue a special permit to any person authorized in subdivision
    15  one of this section who is qualified to conduct such wildlife management
    16  activities at the airport and the affected area surrounding the  airport
    17  as directed by the federal aviation administration.
    18    3.  In addition to other permitted wildlife management activities, the
    19  department is authorized to exempt the permit holder from the provisions
    20  of subdivisions three and eight of section 11-0505 and  subdivision  one
    21  of  section 11-0521 of this title and paragraph a of subdivision one and
    22  subdivisions two, four, and five of section 11-0931 of this article.
    23    4. Nothing in this section shall be construed as requiring or obligat-
    24  ing the department to issue a permit to  take  wildlife  or  direct  the
    25  taking of any wildlife when in its opinion, the nuisance, destruction of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 1731                             2
     1  property  or threat to public health and welfare will not be effectively
     2  abated thereby, or where the person  or  airport  has  not  demonstrated
     3  qualifications necessary to take wildlife in such a manner to the satis-
     4  faction of the department.
     5    §  2.  This  act shall take effect on the ninetieth day after it shall
     6  have become a law. Effective immediately the addition, amendment  and/or
     7  repeal  of  any  rule  or regulation necessary for the implementation of
     8  this act on its effective date are authorized to be made  and  completed
     9  on or before such effective date.
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