NY State Assembly Bill 2017-A8646C

Archive: Last Bill Status - In Senate Committee Rules Committee

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 19, 2018	referred to rules delivered to senate passed assembly
Jun 18, 2018	ordered to third reading rules cal.298 rules report cal.298 reported reported referred to rules
Jun 15, 2018	print number 8646c
Jun 15, 2018	amend (t) and recommit to ways and means
Jun 07, 2018	reported referred to ways and means
Jun 05, 2018	print number 8646b
Jun 05, 2018	amend (t) and recommit to environmental conservation
Mar 13, 2018	print number 8646a
Mar 13, 2018	amend and recommit to environmental conservation
Jan 03, 2018	referred to environmental conservation
Sep 01, 2017	referred to environmental conservation

Bill Amendments

Original

C (Active)

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2017-A8646 - Details

Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Add §11-0522, amd §§11-0505, 11-0901 & 11-0931, En Con L
Versions Introduced in 2019-2020 Legislative Session:: A1599

2017-A8646 - Summary

Relates to authorizing cull permits to certified nuisance wildlife specialists; authorizes the department of environmental conservation, after a review of the site-specific 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 certified nuisance wildlife specialist a cull permit; defines terms.

2017-A8646 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8646
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             September 1, 2017
                                ___________
 
 Introduced by M. of A. HUNTER -- 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:

   Section 1. Section 11-0521 of the environmental  conservation  law  is
 amended by adding a new subdivision 4 to read as follows:
   4. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, AN EMPLOYEE OF
 ANY  STATE,  FEDERAL OR LOCAL GOVERNMENT AGENCY ACTING IN THEIR OFFICIAL
 CAPACITY, OR ANY PERSON ACTING  PURSUANT  TO  A  PERMIT  ISSUED  BY  THE
 DEPARTMENT  UNDER  THIS  SECTION,  IS  NOT  RESTRICTED  BY  PROHIBITIONS
 CONTAINED IN SUBDIVISIONS THREE AND EIGHT OF SECTION 11-0505 AND  SUBDI-
 VISIONS TWO, FOUR AND FIVE OF SECTION 11-0931 OF THIS TITLE.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13398-01-7

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2017-A8646A - Details

Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Add §11-0522, amd §§11-0505, 11-0901 & 11-0931, En Con L
Versions Introduced in 2019-2020 Legislative Session:: A1599

2017-A8646A - Summary

2017-A8646A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8646--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             September 1, 2017
                                ___________
 
 Introduced  by M. of A. HUNTER, TITONE, D'URSO, MAGNARELLI, FAHY, LUPAR-
   DO, HAWLEY, GALEF -- Multi-Sponsored by -- M. of A. BARCLAY, McDONOUGH
   -- read once and referred to the Committee on Environmental  Conserva-
   tion  -- recommitted to the Committee on Environmental Conservation in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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:
 
   Section  1.  Subdivision  3  of  section  11-0521 of the environmental
 conservation law, as added by chapter 664 of the laws  of  1972  and  as
 renumbered  by  chapter  911  of the laws of 1990, is amended to read as
 follows:
   3. THE DEPARTMENT MAY, BY PERMIT ISSUED TO AN EMPLOYEE OF  ANY  STATE,
 FEDERAL  OR LOCAL GOVERNMENT AGENCY ACTING IN THEIR OFFICIAL CAPACITY OR
 TO ANY PERSON ACTING PURSUANT TO A PERMIT ISSUED BY THE DEPARTMENT UNDER
 THIS SECTION, EXEMPT SUCH EMPLOYEE OR PERSON FROM PROHIBITIONS CONTAINED
 IN SUBDIVISION ONE OF THIS  SECTION,  SUBDIVISION  THREE  AND  EIGHT  OF
 SECTION  11-0505,  SUBDIVISION  TWO  OF SECTION 11-0901 AND SUBDIVISIONS
 TWO, FOUR AND FIVE OF SECTION 11-0931 OF THIS ARTICLE ONLY TO THE EXTENT
 THAT SUCH EXEMPTION OR EXEMPTIONS ARE EXPRESSLY  PROVIDED  FOR  IN  SUCH
 PERMIT.
   4. Nothing in this section shall be construed as requiring or obligat-
 ing  the  department to issue a permit to take wildlife or to direct the
 taking of any wildlife when in its opinion the nuisance, destruction  of
 property  or threat to public health and welfare will not be effectively
 abated thereby.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13398-03-8

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2017-A8646B - Details

Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Add §11-0522, amd §§11-0505, 11-0901 & 11-0931, En Con L
Versions Introduced in 2019-2020 Legislative Session:: A1599

2017-A8646B - Summary

2017-A8646B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8646--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             September 1, 2017
                                ___________
 
 Introduced  by M. of A. HUNTER, TITONE, D'URSO, MAGNARELLI, FAHY, LUPAR-
   DO, HAWLEY, GALEF, COOK, RAIA, WILLIAMS, ERRIGO,  HYNDMAN,  STIRPE  --
   Multi-Sponsored by -- M. of A. BARCLAY, McDONOUGH, THIELE -- read once
   and  referred to the Committee on Environmental Conservation -- recom-
   mitted to the Committee on Environmental  Conservation  in  accordance
   with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   again  reported from said committee with amendments, ordered reprinted
   as amended and recommitted to said committee
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   authorizing cull permits to certified nuisance wildlife specialists
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The environmental conservation law is amended by  adding  a
 new section 11-0522 to read as follows:
 § 11-0522. CULL PERMITS TO CERTIFIED NUISANCE WILDLIFE SPECIALISTS.
   1.  FOR  THE  PURPOSES  OF  THIS SECTION, "CERTIFIED NUISANCE WILDLIFE
 SPECIALIST" SHALL MEAN AN EMPLOYEE OF THE FEDERAL OR STATE GOVERNMENT OR
 ANY CITY, TOWN, VILLAGE OR COUNTY, RESPONSIBLE FOR  WILDLIFE  MANAGEMENT
 AND ACTING PURSUANT TO A WILDLIFE MANAGEMENT PLAN, WHO COMPLIES WITH THE
 CRITERIA  ESTABLISHED  BY THE DEPARTMENT, IN RULES AND REGULATIONS, THAT
 AT A MINIMUM REQUIRE:
   A. A MINIMUM LEVEL OF MARKSMANSHIP  CERTIFICATION,  INCLUDING  ONGOING
 CERTIFICATION;
   B. LIABILITY INSURANCE COVERAGE LEVELS OR OTHER FINANCIAL ARRANGEMENTS
 APPROVED BY THE DEPARTMENT; AND
   C. REPORTING REQUIREMENTS.
   2.  THE  DEPARTMENT  MAY,  AFTER  REVIEWING THE SITE-SPECIFIC 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13398-04-8

 A. 8646--B                          2
 
 OR WELFARE, ISSUE A CERTIFIED NUISANCE WILDLIFE SPECIALIST A CULL PERMIT
 FOR THE FOLLOWING WILDLIFE:
   A.  FOR  AREAS  AT  AN  AIRPORT, WILDLIFE SHALL MEAN WILD GAME AND ALL
 OTHER ANIMAL LIFE EXISTING IN A WILD STATE AT AN AIRPORT, AS DEFINED  IN
 SUBDIVISION  FIVE  OF  SECTION TWO HUNDRED FORTY OF THE GENERAL BUSINESS
 LAW, THAT MAY POSE A RISK TO AIRCRAFT.
   B. FOR ALL OTHER AREAS, WILDLIFE SHALL MEAN ONLY DEER AND COYOTE.
   3. EACH CULL PERMIT APPLICATION SHALL COMPLY WITH THE CRITERIA  ESTAB-
 LISHED  BY  THE  DEPARTMENT  IN  RULES AND REGULATIONS THAT AT A MINIMUM
 INCLUDE REQUIREMENTS FOR: THE TIMEFRAME DURING WHICH THE PERMIT MUST  BE
 USED, A SITE-SPECIFIC WILDLIFE MANAGEMENT PLAN, A GEOGRAPHIC DESCRIPTION
 OF  THE AREA FOR WHICH THE PERMIT IS BEING REQUESTED, A WRITTEN CONTRACT
 WITH THE AIRPORT OR ENTITY REQUESTING THE CULL, REQUESTS FOR ANY AUTHOR-
 IZATION PURSUANT TO SUBDIVISIONS THREE AND NINE OF  SECTION  11-0505  OF
 THIS  TITLE,  SUBDIVISION  TWO  OF  SECTION 11-0901 OF THIS ARTICLE, AND
 SUBDIVISIONS TWO AND FOUR OF SECTION 11-0931 OF THIS  ARTICLE,  PROVIDED
 THAT  ANY  SUCH  AUTHORIZATION  SUBSEQUENTLY GRANTED SHALL BE EXPLICITLY
 INCLUDED ON ANY CULL PERMIT, AND DETAILS REGARDING  EXPECTED  LOCAL  LAW
 ENFORCEMENT PARTICIPATION.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING OR OBLIGAT-
 ING  THE  DEPARTMENT  TO  ISSUE  A PERMIT TO TAKE WILDLIFE OR DIRECT THE
 TAKING OF ANY WILDLIFE WHEN IN ITS OPINION THE NUISANCE, DESTRUCTION  OF
 PROPERTY  OR THREAT TO PUBLIC HEALTH AND WELFARE WILL NOT BE EFFECTIVELY
 ABATED THEREBY.
   § 2. Subdivision 3 of section 11-0505 of the  environmental  conserva-
 tion  law, as amended by chapter 135 of the laws of 1982, is amended and
 a new subdivision 9 is added to read as follows:
   3. No deer or bear traps shall be made, set or used upon land inhabit-
 ed by deer or bear. No salt lick shall be made, set or  used  upon  land
 inhabited by deer or bear, except that:
   A.  the  department  may  do so on state wildlife refuges and wildlife
 management areas; AND
   B. A CERTIFIED NUISANCE  WILDLIFE  SPECIALIST  WITH  A  PERMIT  ISSUED
 PURSUANT  TO  PARAGRAPH  A OR B OF SUBDIVISION TWO OF SECTION 11-0522 OF
 THIS TITLE MAY DO SO PROVIDED THAT SUCH ACTIVITIES ARE IN FURTHERANCE OF
 THE SITE-SPECIFIC WILDLIFE MANAGEMENT PLAN.
   9. A CERTIFIED NUISANCE  WILDLIFE  SPECIALIST  WITH  A  PERMIT  ISSUED
 PURSUANT  TO  PARAGRAPH  A OR B OF SUBDIVISION TWO OF SECTION 11-0522 OF
 THIS TITLE MAY, IN ACCORDANCE WITH THE PARAMETERS OF SUCH PERMIT AND THE
 PARTICIPATION OF LOCAL  LAW  ENFORCEMENT,  ENTICE  DEER  IN  THE  MANNER
 AUTHORIZED  IN  SUBDIVISION  EIGHT  OF  THIS  SECTION PROVIDED THAT SUCH
 ACTIVITIES ARE IN FURTHERANCE OF THE SITE-SPECIFIC  WILDLIFE  MANAGEMENT
 PLAN.
   §  3.  Subdivision 2 of section 11-0901 of the environmental conserva-
 tion law is amended to read as follows:
   2. Wildlife shall not be taken on or from any public highway, except:
   A. that in the forest preserve counties it may be taken from  highways
 other than state, county or town highways; AND
   B.  BY  A  CERTIFIED NUISANCE WILDLIFE SPECIALIST WITH A PERMIT ISSUED
 PURSUANT TO PARAGRAPH A OR B OF SUBDIVISION TWO OF  SECTION  11-0522  OF
 THIS  ARTICLE  PROVIDED  THAT  SUCH ACTIVITIES ARE IN FURTHERANCE OF THE
 SITE-SPECIFIC WILDLIFE MANAGEMENT PLAN.
   § 4. Subdivision 2 and subparagraph 1 of paragraph b of subdivision  4
 of  section 11-0931 of the environmental conservation law, as amended by
 section 8 of part EE of chapter 55 of the laws of 2014, are  amended  to
 read as follows:

 A. 8646--B                          3
 
   2.  A.  No  crossbow  or  firearm except a pistol or revolver shall be
 carried or possessed in or on a motor vehicle unless it is uncocked, for
 a crossbow or unloaded, for a firearm in both the chamber and the  maga-
 zine,  except that a loaded firearm which may be legally used for taking
 migratory  game  birds  may be carried or possessed in a motorboat while
 being legally used in hunting migratory game birds,  and  B.  no  person
 except  a  law  enforcement  officer  in the performance of his official
 duties OR A CERTIFIED NUISANCE WILDLIFE SPECIALIST WITH A PERMIT  ISSUED
 PURSUANT  TO  PARAGRAPH  A OR B OF SUBDIVISION TWO OF SECTION 11-0522 OF
 THIS ARTICLE, PROVIDED THAT SUCH ACTIVITIES ARE IN  FURTHERANCE  OF  THE
 SITE-SPECIFIC  WILDLIFE  MANAGEMENT  PLAN, shall, while in or on a motor
 vehicle, use a jacklight, spotlight or other artificial light upon lands
 inhabited by deer if he or she is in possession or is accompanied  by  a
 person  who  is  in  possession,  at the time of such use, of a longbow,
 crossbow or a firearm of any kind except a pistol  or  revolver,  unless
 such  longbow  or  crossbow  is  unstrung or such firearm or crossbow is
 taken down or securely fastened in a case or locked in the trunk of  the
 vehicle.  For  purposes  of  this  subdivision, motor vehicle shall mean
 every vehicle or other device operated by any power  other  than  muscle
 power,  and  which  shall  include  but  not  be limited to automobiles,
 trucks, motorcycles, tractors, trailers and motorboats, snowmobiles  and
 snowtravelers, whether operated on or off public highways. Notwithstand-
 ing  the  provisions  of  this  subdivision,  the department may issue a
 permit to any person who is non-ambulatory, except with  the  use  of  a
 mechanized  aid, to possess a loaded firearm in or on a motor vehicle as
 defined in this section, subject to such restrictions as the  department
 may  deem  necessary  in  the interest of public safety. Nothing in this
 section permits the possession of a pistol or a revolver contrary to the
 penal law.
   (1) The owner or lessee of the dwelling house, or members of his imme-
 diate family actually residing therein, or a person in  his  employ,  or
 the  guest  of the owner or lessee of the dwelling house acting with the
 WRITTEN consent of said owner or lessee INCLUDING A  CERTIFIED  NUISANCE
 WILDLIFE  SPECIALIST  WITH  A  PERMIT  ISSUED PURSUANT TO PARAGRAPH B OF
 SUBDIVISION TWO OF SECTION 11-0522 OF THIS ARTICLE, PROVIDED  THAT  SUCH
 ACTIVITIES  ARE  IN FURTHERANCE OF THE SITE-SPECIFIC WILDLIFE MANAGEMENT
 PLAN, provided however, that nothing herein shall be deemed to authorize
 such persons to discharge a firearm within five hundred feet, a long bow
 within one hundred fifty feet, or a crossbow within  two  hundred  fifty
 feet  of  any other dwelling house, or a farm building or farm structure
 actually occupied or used, or a school building  or  playground,  public
 structure, or occupied factory or church;
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately the addition, amendment  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.

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2017-A8646C (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Add §11-0522, amd §§11-0505, 11-0901 & 11-0931, En Con L
Versions Introduced in 2019-2020 Legislative Session:: A1599

2017-A8646C (ACTIVE) - Summary

2017-A8646C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8646--C
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             September 1, 2017
                                ___________
 
 Introduced  by M. of A. HUNTER, TITONE, D'URSO, MAGNARELLI, FAHY, LUPAR-
   DO, HAWLEY, GALEF, COOK,  RAIA,  WILLIAMS,  ERRIGO,  HYNDMAN,  STIRPE,
   BLAKE  -- Multi-Sponsored by -- M. of A. BARCLAY, McDONOUGH, THIELE --
   read once and referred to the Committee on Environmental  Conservation
   --  recommitted  to  the  Committee  on  Environmental Conservation in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- again reported from said  committee  with  amendments,  ordered
   reprinted as amended and recommitted to said committee -- reported and
   referred  to  the Committee on Ways and Means -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 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:
 
   Section 1. The environmental conservation law is amended by  adding  a
 new section 11-0522 to read as follows:
 § 11-0522. CULL PERMITS TO CERTIFIED NUISANCE WILDLIFE SPECIALISTS.
   1.  FOR  THE  PURPOSES  OF  THIS SECTION, "CERTIFIED NUISANCE WILDLIFE
 SPECIALIST" SHALL MEAN AN EMPLOYEE OF A LAND  GRANT  UNIVERSITY,  OR  AN
 EMPLOYEE  OF  OR A CONTRACTOR FOR THE FEDERAL OR STATE GOVERNMENT OR ANY
 CITY, TOWN, VILLAGE OR COUNTY, RESPONSIBLE FOR WILDLIFE  MANAGEMENT  AND
 ACTING  PURSUANT  TO  A  WILDLIFE MANAGEMENT PLAN, WHO COMPLIES WITH THE
 CRITERIA ESTABLISHED BY THE DEPARTMENT, IN RULES AND  REGULATIONS,  THAT
 AT A MINIMUM REQUIRE:
   A.  A  MINIMUM  LEVEL OF MARKSMANSHIP CERTIFICATION, INCLUDING ONGOING
 CERTIFICATION;
   B. LIABILITY INSURANCE COVERAGE LEVELS OR OTHER FINANCIAL ARRANGEMENTS
 APPROVED BY THE DEPARTMENT; AND
   C. REPORTING REQUIREMENTS.

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

                                                            LBD13398-10-8

 A. 8646--C                          2
 
   2. THE DEPARTMENT MAY,  AFTER  REVIEWING  THE  SITE-SPECIFIC  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, ISSUE A CERTIFIED NUISANCE WILDLIFE SPECIALIST A CULL PERMIT
 FOR THE FOLLOWING WILDLIFE:
   A.  FOR  AREAS  AT  AN  AIRPORT, WILDLIFE SHALL MEAN WILD GAME AND ALL
 OTHER ANIMAL LIFE EXISTING IN A WILD STATE AT AN AIRPORT, AS DEFINED  IN
 SUBDIVISION  FIVE  OF  SECTION TWO HUNDRED FORTY OF THE GENERAL BUSINESS
 LAW, THAT MAY POSE A RISK TO AIRCRAFT.
   B. FOR ALL OTHER AREAS, WILDLIFE SHALL MEAN ONLY DEER AND COYOTE.
   3. EACH CULL PERMIT APPLICATION SHALL COMPLY WITH THE CRITERIA  ESTAB-
 LISHED  BY  THE  DEPARTMENT  IN  RULES AND REGULATIONS THAT AT A MINIMUM
 INCLUDE REQUIREMENTS FOR: THE TIMEFRAME DURING WHICH THE PERMIT MUST  BE
 USED, A SITE-SPECIFIC WILDLIFE MANAGEMENT PLAN, A GEOGRAPHIC DESCRIPTION
 OF  THE AREA FOR WHICH THE PERMIT IS BEING REQUESTED, A WRITTEN CONTRACT
 WITH THE AIRPORT OR ENTITY REQUESTING THE CULL, REQUESTS FOR ANY AUTHOR-
 IZATION PURSUANT TO SUBDIVISIONS THREE AND NINE OF  SECTION  11-0505  OF
 THIS  TITLE,  SUBDIVISION  TWO  OF  SECTION 11-0901 OF THIS ARTICLE, AND
 SUBDIVISIONS TWO AND FOUR OF SECTION 11-0931 OF THIS  ARTICLE,  PROVIDED
 THAT  ANY  SUCH  AUTHORIZATION  SUBSEQUENTLY GRANTED SHALL BE EXPLICITLY
 INCLUDED ON ANY CULL PERMIT, AND DETAILS REGARDING  EXPECTED  LOCAL  LAW
 ENFORCEMENT PARTICIPATION.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING OR OBLIGAT-
 ING  THE  DEPARTMENT  TO  ISSUE  A PERMIT TO TAKE WILDLIFE OR DIRECT THE
 TAKING OF ANY WILDLIFE WHEN IN ITS OPINION THE NUISANCE, DESTRUCTION  OF
 PROPERTY  OR THREAT TO PUBLIC HEALTH AND WELFARE WILL NOT BE EFFECTIVELY
 ABATED THEREBY.
   § 2. Subdivision 3 of section 11-0505 of the  environmental  conserva-
 tion  law, as amended by chapter 135 of the laws of 1982, is amended and
 a new subdivision 9 is added to read as follows:
   3. No deer or bear traps shall be made, set or used upon land inhabit-
 ed by deer or bear. No salt lick shall be made, set or  used  upon  land
 inhabited by deer or bear, except that:
   A.  the  department  may  do so on state wildlife refuges and wildlife
 management areas; AND
   B. A CERTIFIED NUISANCE  WILDLIFE  SPECIALIST  WITH  A  PERMIT  ISSUED
 PURSUANT  TO  PARAGRAPH  A OR B OF SUBDIVISION TWO OF SECTION 11-0522 OF
 THIS TITLE MAY DO SO PROVIDED THAT SUCH ACTIVITIES ARE IN FURTHERANCE OF
 THE SITE-SPECIFIC WILDLIFE MANAGEMENT PLAN.
   9. A CERTIFIED NUISANCE  WILDLIFE  SPECIALIST  WITH  A  PERMIT  ISSUED
 PURSUANT  TO  PARAGRAPH  A OR B OF SUBDIVISION TWO OF SECTION 11-0522 OF
 THIS TITLE MAY, IN ACCORDANCE WITH THE PARAMETERS OF SUCH PERMIT AND THE
 PARTICIPATION OF LOCAL  LAW  ENFORCEMENT,  ENTICE  DEER  IN  THE  MANNER
 PROHIBITED  IN  SUBDIVISION  EIGHT  OF  THIS  SECTION PROVIDED THAT SUCH
 ACTIVITIES ARE IN FURTHERANCE OF THE SITE-SPECIFIC  WILDLIFE  MANAGEMENT
 PLAN.
   §  3.  Subdivision 2 of section 11-0901 of the environmental conserva-
 tion law is amended to read as follows:
   2. Wildlife shall not be taken on or from any public highway, except:
   A. that in the forest preserve counties it may be taken from  highways
 other than state, county or town highways; AND
   B.  BY  A  CERTIFIED NUISANCE WILDLIFE SPECIALIST WITH A PERMIT ISSUED
 PURSUANT TO PARAGRAPH A OR B OF SUBDIVISION TWO OF  SECTION  11-0522  OF
 THIS  ARTICLE  PROVIDED  THAT  SUCH ACTIVITIES ARE IN FURTHERANCE OF THE
 SITE-SPECIFIC WILDLIFE MANAGEMENT PLAN.

 A. 8646--C                          3
 
   § 4. Subdivision 2 and subparagraph 1 of paragraph b of subdivision  4
 of  section 11-0931 of the environmental conservation law, as amended by
 section 8 of part EE of chapter 55 of the laws of 2014, are  amended  to
 read as follows:
   2.  A.  No  crossbow  or  firearm except a pistol or revolver shall be
 carried or possessed in or on a motor vehicle unless it is uncocked, for
 a crossbow or unloaded, for a firearm in both the chamber and the  maga-
 zine,  except that a loaded firearm which may be legally used for taking
 migratory game birds may be carried or possessed in  a  motorboat  while
 being  legally  used  in  hunting migratory game birds, and B. no person
 except a law enforcement officer in  the  performance  of  his  official
 duties  OR A CERTIFIED NUISANCE WILDLIFE SPECIALIST WITH A PERMIT ISSUED
 PURSUANT TO PARAGRAPH A OR B OF SUBDIVISION TWO OF  SECTION  11-0522  OF
 THIS  ARTICLE,  PROVIDED  THAT SUCH ACTIVITIES ARE IN FURTHERANCE OF THE
 SITE-SPECIFIC WILDLIFE MANAGEMENT PLAN, shall, while in or  on  a  motor
 vehicle, use a jacklight, spotlight or other artificial light upon lands
 inhabited  by  deer if he or she is in possession or is accompanied by a
 person who is in possession, at the time of  such  use,  of  a  longbow,
 crossbow  or  a  firearm of any kind except a pistol or revolver, unless
 such longbow or crossbow is unstrung or  such  firearm  or  crossbow  is
 taken  down or securely fastened in a case or locked in the trunk of the
 vehicle. For purposes of this  subdivision,  motor  vehicle  shall  mean
 every  vehicle  or  other device operated by any power other than muscle
 power, and which shall  include  but  not  be  limited  to  automobiles,
 trucks,  motorcycles, tractors, trailers and motorboats, snowmobiles and
 snowtravelers, whether operated on or off public highways. Notwithstand-
 ing the provisions of this  subdivision,  the  department  may  issue  a
 permit  to  any  person  who is non-ambulatory, except with the use of a
 mechanized aid, to possess a loaded firearm in or on a motor vehicle  as
 defined  in this section, subject to such restrictions as the department
 may deem necessary in the interest of public  safety.  Nothing  in  this
 section permits the possession of a pistol or a revolver contrary to the
 penal law.
   (1) The owner or lessee of the dwelling house, or members of his imme-
 diate  family  actually  residing therein, or a person in his employ, or
 the guest of the owner or lessee of the dwelling house acting  with  the
 WRITTEN  consent of said owner or lessee, INCLUDING A CERTIFIED NUISANCE
 WILDLIFE SPECIALIST WITH A PERMIT ISSUED  PURSUANT  TO  PARAGRAPH  B  OF
 SUBDIVISION  TWO  OF SECTION 11-0522 OF THIS ARTICLE, PROVIDED THAT SUCH
 ACTIVITIES ARE IN FURTHERANCE OF THE SITE-SPECIFIC  WILDLIFE  MANAGEMENT
 PLAN, provided however, that nothing herein shall be deemed to authorize
 such persons to discharge a firearm within five hundred feet, a long bow
 within  one  hundred  fifty feet, or a crossbow within two hundred fifty
 feet of any other dwelling house, or a farm building or  farm  structure
 actually  occupied  or  used, or a school building or playground, public
 structure, or occupied factory or church;
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have  become a law. Effective immediately the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

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Assembly Bill A8646C

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

multi-Sponsors

2017-A8646 - Details

2017-A8646 - Summary

2017-A8646 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2017-A8646A - Details

2017-A8646A - Summary

2017-A8646A - Bill Text download pdf

co-Sponsors

multi-Sponsors

2017-A8646B - Details

2017-A8646B - Summary

2017-A8646B - Bill Text download pdf

co-Sponsors

multi-Sponsors

2017-A8646C (ACTIVE) - Details

2017-A8646C (ACTIVE) - Summary

2017-A8646C (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A8646C

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Sponsored By

HUNTER

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

Matthew Titone

Anthony D'Urso

William Magnarelli

Patricia Fahy

multi-Sponsors

William A. Barclay

David McDonough

2017-A8646 - Details

2017-A8646 - Summary

2017-A8646 - Bill Text download pdf

co-Sponsors

Matthew Titone

Anthony D'Urso

William Magnarelli

Patricia Fahy

multi-Sponsors

William A. Barclay

David McDonough

Fred Thiele

2017-A8646A - Details

2017-A8646A - Summary

2017-A8646A - Bill Text download pdf

co-Sponsors

Matthew Titone

Anthony D'Urso

William Magnarelli

Patricia Fahy

multi-Sponsors

William A. Barclay

David McDonough

Fred Thiele

2017-A8646B - Details

2017-A8646B - Summary

2017-A8646B - Bill Text download pdf

co-Sponsors

Matthew Titone

Anthony D'Urso

William Magnarelli

Patricia Fahy

multi-Sponsors

William A. Barclay

David McDonough

Fred Thiele

2017-A8646C (ACTIVE) - Details

2017-A8646C (ACTIVE) - Summary

2017-A8646C (ACTIVE) - Bill Text download pdf

Comments