NY State Senate Bill 2015-S5135

Senate Bill S5135

Signed By Governor

2015-2016 Legislative Session

Relates to extending the authority of the department of conservation to manage deer and bear

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 13, 2015	signed chap.209
Aug 03, 2015	delivered to governor
Jun 16, 2015	returned to senate passed assembly ordered to third reading rules cal.402 substituted for a7583
Jun 11, 2015	referred to environmental conservation delivered to assembly passed senate
Jun 02, 2015	advanced to third reading
Jun 01, 2015	2nd report cal.
May 28, 2015	1st report cal.1080
May 04, 2015	referred to environmental conservation

Votes

- Jun 11, 2015 - Floor Vote
  S5135
  
  58
  
  Aye
  
  3
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 11, 2015
      
      aye (58)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (3)
      
      Espaillat
      
      Perkins
      
      Serrano
      
      excused (2)
      
      Diaz
      
      Libous
  May 28, 2015 - Environmental Conservation Committee Vote
  S5135
  
  11
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: May 28, 2015
      
      aye (11)
      
      Addabbo Jr.
      
      Avella
      
      Funke
      
      Hoylman-Sigal
      
      LaValle
      
      Latimer
      
      Little
      
      Marcellino
      
      O'Mara
      
      Ortt
      
      Young
      
      nay (1)
      
      Serrano
      
      aye wr (1)
      
      Espaillat

2015-S5135 (ACTIVE) - Details

See Assembly Version of this Bill:: A7583
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §13, Chap 600 of 1993; amd §§11-0903 & 11-0913, En Con L

2015-S5135 (ACTIVE) - Summary

Relates to extending the authority of the department of conservation to manage deer and bear.

2015-S5135 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5135

TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
extending the authority of the department of environmental conservation
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 bear, in relation to the effectiveness of such chapter

Purpose of the Bill:

The purpose of this bill is to extend the authority of the Department of
Environmental Conservation (DEC) to manage big game (white-tailed deer
and black bear).

Summary of Provisions:

Section 1 of this bill amends Section 13 of Chapter 600 of the Laws of
1993 to extend, until December 31, 2018, the expiration date applicable
to several provisions of the Fish and Wildlife Law related to the taking
of deer.

Section 2 of this bill amends Environmental Conservation Law (ECL)
11-0903(8), (9)(a) and (10) to extend, until December 31, 2018, DEC's
authority to: 1) regulate the taking of bear and the possession and

disposition of bear parts, and the intentional and incidental feeding of
bears; 2) fix by regulation special open seasons for taking wild deer of
either sex when in its opinion deer shall become numerous enough to
cause substantial damage to property and overbrowsing; and 3) adopt
regulations with respect to the manner of taking of, the possession of,
and open seasons and bag limits for, deer.

Section 3 of this bill amends ECL § 11-0913(1)(a) to extend, until
December 31, 2018, DEC's authority to issue Deer Management Permits.

Section 4 of this bill provides that the bill will take effect imme-
diately.

Existing Law:

ECL §§ 11-0907(1)(c), 11-0907(2)(a) and (b), 11-0907(3)(a), (b) and (c)
and 11-0911(3), related to the taking of deer, are repealed effective
October 1, 2015 pursuant to Section 13 of Chapter 600 of the Laws of
1993. ECL §§ 11-0903(8), (9)(a), and (10), and 11-0913(1)(a), all
related to the management of deer and bear, are repealed effective Octo-
ber 1, 2015

Prior Legislative History:

DEC's regulatory authority for dear and bear was last extended by Chap-
ter 437 of the Laws of 2011.

Statement in Support:

Authority to set regulations for big game provides a timely administra-
tive process which optimizes the effectiveness of harvest management
techniques. Achieving management objectives for these species requires
the ability to tailor seasons, bag limits, and other hunting regulations
to reflect changing conditions for management units in the State. The
ability to amend regulations provides the flexibility needed to respond
to these needs on a timely basis. In the absence of these renewed
authorities, DEC's deer and bear management programs would revert to the
"default" statutes, thereby instituting archaic and ineffective big game
management regimes.

Budget implications:

None.

Local impact:

This bill would have no impact on local governments.

Effective Date:

This act shall take effect immediately.

2015-S5135 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5135

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 4, 2015
                               ___________

Introduced  by  Sen. O'MARA -- (at request of the Department of Environ-
  mental Conservation) -- 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 bear, 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:

  Section 1. Section 13 of chapter 600 of the laws of 1993, amending the
environmental conservation law relating to the management  of  deer,  as
amended  by  chapter  437  of  the  laws  of 2011, is amended to read as
follows:
  S 13. This act shall take effect immediately, provided  however,  that
the  amendments  made to paragraph c of subdivision 1 of section 11-0907
of the environmental conservation law made by section five of this  act,
paragraph  a  of  subdivision  2 of section 11-0907 of the environmental
conservation law made by section six of this act, paragraphs a and b  of
subdivision  3  of section 11-0907 of the environmental conservation law
made by section seven of this act,  paragraph  b  of  subdivision  2  of
section  11-0907  of  the environmental conservation law made by section
six of this act, paragraph c of subdivision 3 of section 11-0907 of  the
environmental  conservation  law  made by section seven of this act, and
subdivision 3 of section 11-0911 of the environmental  conservation  law
made  by  section eight of this act shall expire on [October 1] DECEMBER
31, [2015] 2018.
  S 2. Subdivisions 8 and 10 and paragraph a of subdivision 9 of section
11-0903 of the environmental conservation law, as amended by chapter 437
of the laws of 2011, are amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09473-01-5

S. 5135                             2

  8. Notwithstanding any provision of law, rule  or  regulation  to  the
contrary,   the   department   may,   until   [October  first]  DECEMBER
THIRTY-FIRST, two thousand [fifteen] EIGHTEEN,  fix  by  regulation  the
open  seasons,  open  areas, bag limit, manner of taking, possession and
disposition  of  bear  and parts of bears, and the intentional and inci-
dental feeding of bears. Such regulations shall implement the provisions
of this article. Such regulations, as the department deems  appropriate,
may provide for special permits and permit quotas. When a special permit
is  required,  the  department may fix by regulation a fee for each such
permit issued.
  a. Until [October first] DECEMBER THIRTY-FIRST, two thousand [fifteen]
EIGHTEEN, whenever in its opinion deer shall become numerous  enough  in
any area to cause substantial damage to property or overbrowsing of deer
range,  the  department  may  fix by regulation special open seasons for
taking wild deer of either  sex.    Subject  to  this  subdivision,  the
department may fix the conditions of such seasons.
  10.  Notwithstanding  any  inconsistent provision of subdivision 10 of
section 11-0901 or subdivision 2, subdivision  3  or  subdivision  8  of
section   11-0907   of   this  title,  until  [October  first]  DECEMBER
THIRTY-FIRST, two thousand [fifteen] EIGHTEEN, the department is author-
ized to  adopt  regulations  with  respect  to  the  manner  of  taking,
possession, open seasons and bag limits for deer. The authority to adopt
such  regulations  is  in  addition  to  any authority contained in this
section or section 11-0913 of this title respecting  regulations  fixing
open seasons for deer and the issuance of deer management permits.
  S  3.  Paragraph a of subdivision 1 of section 11-0913 of the environ-
mental conservation law, as amended by chapter 437 of the laws of  2011,
is amended to read as follows:
  a. Until [October first] DECEMBER THIRTY-FIRST, two thousand [fifteen]
EIGHTEEN,  whenever in its opinion the population of deer in any area of
the state except in the northern zone is such that additional harvest of
deer is reasonably necessary to properly manage the  deer  herd  in  the
state  in balance with the available deer range and natural food supply,
the department may provide by regulation for issuance of deer management
permits, permitting the taking of one deer for the permit,  in  addition
to  the limit of one deer that may otherwise be taken by one person in a
license year.
  S 4. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.