S T A T E   O F   N E W   Y O R K
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                                   5849
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2019
                                ___________
 
 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 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.
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04962-01-9

 S. 5849                             2
 
   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.
   § 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

 S. 5849                             3
 
 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.