Authorizes the department of environmental conservation to issue special 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5407
SPONSOR: Lupardo (MS) TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
authorizing the issuance of special airport air strike hazard permits
PURPOSE OR GENERAL IDEA OF BILL:
To allow the Department of Environmental Conservation, after reviewing
an airport's wildlife management plan, and upon a finding that wildlife
has become a nuisance, destructive to public or private property or a
threat to public health or welfare, to issue a special airport air
strike hazard permit to those qualified to conduct such wildlife manage-
ment activities at the airport.
SUMMARY OF PROVISIONS:
Section 1: Amends the environmental conservation law by adding a new
section 11-0521-a to authorize the department of environmental conserva-
tion to include certain wildlife management activities under a special
airport air strike hazard permit authorizing the taking of wildlife at
airports.
Section 2: Establishes the effective date.
JUSTIFICATION:
On October 30, 2023, at Francis S. Gabreski Airport in Westhampton, Long
Island, the pilots of a Bombardier Challenger 300 were flaring to land
when they noticed a deer run out across the front of the aircraft. At
the low point of their descent-to-climb-out path, they struck the deer
with one of the left-wing flap cowlings. Fortunately, the pilots were
able to climb and circle to land on the crosswind runway. If the deer
was just a few hundred feet down the runway, this could have been a
significant impact the aircraft and its passengers.
Wildlife strikes by aircraft are a constant concern of airport managers
throughout the country. The Federal Aviation Administration (FAA) has
strict requirements for comprehensive wildlife management plans and
efforts to secure the safety of airport operations.
Airport sponsors and managers have a legal responsibility under federal
regulations (Title 14 Code of Federal Regulations, part 139 (14 CFR,
part 139)) to ensure the airport maintains a safe operating environment.
As part of this responsibility, they must assess the risk and magnitude
of wildlife strikes for their airport (14 CFR, part 139.337). This
assessment must include accurate and complete reporting of all strike
incidents, assessment of wildlife using the airport environment, and
assessment of wildlife habitat available to wildlife on the airport.
Based on airport conditions and assessed strike risk, airport personnel
might need to devise a Wildlife Hazard Management Plan for reducing
strike risk and occurrence. Airport personnel must then act to implement
and periodically evaluate the plan.
Wildlife hazard mitigation is a broad discipline incorporating aspects
of several areas including, wildlife exclusion, removal, and removal
before lethal methods are used.
NY State appears to be unique in imposing limitations on wildlife
management permits for airports. This legislation would supplement
NYSDEC authority to consider certain statutory constraints (mostly hunt-
ing laws) on airports' efforts to effectively control wildlife beyond
what is currently available. Thus, the legislation seeks to authorize
the department to respond to airports' specific requests and demon-
stration of need for additional methods to be deployed by appropriately
trained personnel to protect airport operations and public safety while
minimizing harm to wildlife.
The current restraints continue to be a growing concern for many airport
managers. In fact, NYSDEC in its White Tail Deer Management Plan
2021-2030, is urging changes to hunting laws similarly as proposed in
this bill to more effectively manage white tail deer and other species.
This bill would implement these proposed changes and make it clear that
certain effective wildlife management techniques are available to
airports by permit in a strictly controlled manner.
The bill seeks to reinstate the complete scope of wildlife management
techniques available to airports that were in place for decades and
authorized until just a few years ago with no reported adverse inci-
dents.
The NYS Department of Environmental Conservation (DEC) must be permitted
to allow for the use of safe and proven wildlife control methods by
trained professionals at and around the state's airports.
The airport managers and the pilots who fly in and out of these airports
are worried that these current restrictions are resulting in increased
potential for more aircraft-wildlife collisions, such as the deer strike
at Gabreski. State law prohibits many activities by licensed hunters.
These prohibited activities include shooting of a deer with a rifle in
some parts of the state, baiting in certain areas, and shooting from a
vehicle. Professional wildlife managers must be permitted to use these
important and humane techniques as a measure of last resort for effec-
tive deer, fox, coyote, and bird control at airports for the safety of
all airport users.
PRIOR LEGISLATIVE HISTORY:
Formerly A-1731 of 2022-23, died in the Environmental Conservation
Committee.
Formerly A-1341 of 2023-24, died in the Environmental Conservation
Committee.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
This legislation is not expected to have fiscal implications for State
and Local Governments.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
5407
2025-2026 Regular Sessions
IN ASSEMBLY
February 13, 2025
___________
Introduced by M. of A. LUPARDO, JONES, WEPRIN, SEAWRIGHT, BENDETT --
Multi-Sponsored by -- M. of A. DAVILA -- read once and referred to the
Committee 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 11-0521-a to read as follows:
3 § 11-0521-a. Special airport air strike hazard permits.
4 1. For the purposes of this section:
5 a. "Airport" shall mean an airport as defined in subdivision five of
6 section two hundred forty of the general business law.
7 b. "Airport wildlife hazard specialist" shall mean an employee of or a
8 contractor for the federal or state government responsible for wildlife
9 management at an airport, or an employee of an airport when acting
10 consistent with an airport wildlife management plan and special airport
11 air strike hazard permit.
12 c. "Wildlife" shall mean species permitted to be taken pursuant to a
13 permit issued by the United States fish and wildlife service and the
14 department.
15 2. Airport wildlife hazard specialists shall be in compliance with
16 criteria established by the department that at a minimum shall require:
17 a. a minimum level of marksmanship qualifications appropriate to the
18 firearm or implement to be used;
19 b. liability insurance coverage or other financial arrangements iden-
20 tified by the department;
21 c. a copy of the special airport air strike hazard permit be on the
22 airport wildlife hazard specialist's person when exercising any privi-
23 lege of such permit; and
24 d. reporting requirements.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07210-01-5
A. 5407 2
1 3. In addition to other permitted wildlife management activities, the
2 department may, after reviewing the airport's permit application and
3 airport wildlife management plan, and upon a finding by the airport that
4 wildlife has become a nuisance, destructive to public or private proper-
5 ty or a threat to public health or welfare, issue to the airport a
6 special airport air strike hazard permit for use on a special airport
7 and within the boundaries of the affected area surrounding the airport
8 as determined by the federal aviation administration, authorizing use of
9 airport wildlife hazard specialists to take wildlife pursuant to the
10 terms of the special airport air strike hazard permit notwithstanding
11 subdivisions three and eight of section 11-0505 of this title, subdivi-
12 sions one and two of section 11-0901 of this article, and subdivisions
13 one, two, four and five of section 11-0931 of this article.
14 4. Each special airport air strike hazard permit application shall at
15 a minimum include requirements for: the timeframe during which the
16 permit is to be valid, an airport wildlife management plan, a geographic
17 description of the area for which the permit is being requested, a writ-
18 ten contract with the airport if applicable, a list which identifies
19 participating airport wildlife hazard specialists and the airport's
20 requests for departmental approval of any authorization pursuant to
21 subdivision three of this section, provided that any such authorization
22 subsequently granted shall be explicitly included on any special airport
23 air strike hazard permit, and details regarding expected local law
24 enforcement consultation.
25 5. Nothing in this section shall be construed as requiring or obligat-
26 ing the department to issue a permit to take wildlife or direct the
27 taking of any wildlife when in its opinion, the nuisance, destruction of
28 property or threat to public health and welfare will not be effectively
29 abated thereby.
30 § 2. This act shall take effect on the one hundred eightieth day after
31 it shall have become a law.
