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S07047 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7047
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                      May 26, 2021
                                       ___________
 
        Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
 
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          extending  the  authority of the department of environmental conserva-
          tion to manage deer and bear; and to amend chapter 600 of the laws  of
          1993,  amending  the  environmental  conservation  law relating to the
          management of deer, in relation to the effectiveness of such chapter
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 13 of chapter 600 of the laws of 1993, amending the
     2  environmental  conservation  law  relating to the management of deer, as
     3  amended by chapter 383 of the laws  of  2018,  is  amended  to  read  as
     4  follows:
     5    §  13.  This act shall take effect immediately, provided however, that
     6  the amendments made to paragraph c of subdivision 1 of  section  11-0907
     7  of  the environmental conservation law made by section five of this act,
     8  paragraph a of subdivision 2 of section  11-0907  of  the  environmental
     9  conservation  law made by section six of this act, paragraphs a and b of
    10  subdivision 3 of section 11-0907 of the environmental  conservation  law
    11  made  by  section  seven  of  this  act, paragraph b of subdivision 2 of
    12  section 11-0907 of the environmental conservation law  made  by  section
    13  six  of this act, paragraph c of subdivision 3 of section 11-0907 of the
    14  environmental conservation law made by section seven of  this  act,  and
    15  subdivision  3  of section 11-0911 of the environmental conservation law
    16  made by section eight of this act shall expire on  December  31,  [2021]
    17  2024.
    18    § 2. Subdivision 8, paragraph a of subdivision 9 and subdivision 10 of
    19  section  11-0903  of  the  environmental conservation law, as amended by
    20  chapter 383 of the laws of 2018, are amended to read as follows:
    21    8. Notwithstanding any provision of law, rule  or  regulation  to  the
    22  contrary,  the department may, until December thirty-first, two thousand
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11292-01-1

        S. 7047                             2
 
     1  [twenty-one] twenty-four, fix  by  regulation  the  open  seasons,  open
     2  areas,  bag  limit, manner of taking, possession and disposition of bear
     3  and parts of bears, and the intentional and incidental feeding of bears.
     4  Such  regulations  shall  implement the provisions of this article. Such
     5  regulations, as  the  department  deems  appropriate,  may  provide  for
     6  special  permits  and  permit quotas. When a special permit is required,
     7  the department may fix by regulation a fee for each such permit issued.
     8    a. Until December thirty-first, two thousand [twenty-one] twenty-four,
     9  whenever in its opinion deer shall become numerous enough in any area to
    10  cause substantial damage to property or overbrowsing of deer range,  the
    11  department  may  fix  by regulation special open seasons for taking wild
    12  deer of either sex. Subject to this subdivision, the department may  fix
    13  the conditions of such seasons.
    14    10.  Notwithstanding  any  inconsistent provision of subdivision 10 of
    15  section 11-0901 or subdivision 2, subdivision  3  or  subdivision  8  of
    16  section 11-0907 of this title, until December thirty-first, two thousand
    17  [twenty-one]  twenty-four,  the  department is authorized to adopt regu-
    18  lations with respect to the manner of taking, possession,  open  seasons
    19  and  bag  limits for deer. The authority to adopt such regulations is in
    20  addition to any authority contained in this section or  section  11-0913
    21  of  this  title  respecting regulations fixing open seasons for deer and
    22  the issuance of deer management permits.
    23    § 3. Paragraph a of subdivision 1 of section 11-0913 of  the  environ-
    24  mental  conservation law, as amended by chapter 383 of the laws of 2018,
    25  is amended to read as follows:
    26    a. Until December thirty-first, two thousand [twenty-one] twenty-four,
    27  whenever in its opinion the population of deer in any area of the  state
    28  except  in  the northern zone is such that additional harvest of deer is
    29  reasonably necessary to properly manage the deer herd in  the  state  in
    30  balance  with  the  available  deer  range  and natural food supply, the
    31  department may provide by regulation for  issuance  of  deer  management
    32  permits,  permitting  the taking of one deer for the permit, in addition
    33  to the limit of one deer that may otherwise be taken by one person in  a
    34  license year.
    35    § 4. This act shall take effect immediately.
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