S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9475
 
                             I N  S E N A T E
 
                               June 1, 2022
                                ___________
 
 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  an
   urban  deer  management pilot program; and providing for the repeal of
   such provisions upon expiration thereof
 
   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. URBAN DEER MANAGEMENT PILOT PROGRAM.
   1. FOR THE PURPOSES OF  THIS  SECTION,  "CERTIFIED  NUISANCE  WILDLIFE
 SPECIALIST" SHALL MEAN AN EMPLOYEE OF OR A CONTRACTOR FOR THE FEDERAL OR
 STATE GOVERNMENT RESPONSIBLE FOR WILDLIFE MANAGEMENT AND ACTING PURSUANT
 TO  A  DEER MANAGEMENT PLAN, WHO HAS BEEN CERTIFIED BY THE DEPARTMENT AS
 COMPLYING WITH THE CRITERIA ESTABLISHED BY  THE  DEPARTMENT  THAT  AT  A
 MINIMUM REQUIRE:
   A.  A  MINIMUM  LEVEL OF MARKSMANSHIP CERTIFICATION APPROPRIATE TO THE
 FIREARM OR HUNTING IMPLEMENT  TO  BE  USED,  INCLUDING  ONGOING  CERTIF-
 ICATION;
   B. LIABILITY INSURANCE COVERAGE LEVELS OR OTHER FINANCIAL ARRANGEMENTS
 APPROVED BY THE DEPARTMENT; AND
   C. REPORTING REQUIREMENTS.
   2.  THE  DEPARTMENT  MAY, AFTER REVIEWING THE CITY OF SYRACUSE'S SITE-
 SPECIFIC DEER MANAGEMENT PLAN, AND UPON A FINDING BY THE CITY  OF  SYRA-
 CUSE  THAT DEER HAVE BECOME A NUISANCE, DESTRUCTIVE TO PUBLIC OR PRIVATE
 PROPERTY OR A THREAT TO PUBLIC HEALTH  OR  WELFARE,  ISSUE  A  CERTIFIED
 NUISANCE WILDLIFE SPECIALIST A DEER CULL PERMIT FOR USE WITHIN THE BOUN-
 DARIES OF THE CITY SYRACUSE.
   3.  EACH  CULL  PERMIT APPLICATION SHALL AT A MINIMUM INCLUDE REQUIRE-
 MENTS FOR: THE TIMEFRAME DURING WHICH THE PERMIT MUST BE USED,  A  SITE-
 SPECIFIC  DEER MANAGEMENT PLAN, A GEOGRAPHIC DESCRIPTION OF THE AREA FOR
 WHICH THE PERMIT IS BEING REQUESTED, A WRITTEN CONTRACT WITH THE CITY OF
 SYRACUSE, REQUESTS FOR ANY AUTHORIZATION PURSUANT TO SUBDIVISIONS  THREE
 AND  NINE  OF  SECTION 11-0505 OF THIS TITLE, SUBDIVISION TWO OF SECTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15678-04-2
 S. 9475                             2
 
 11-0901 OF THIS ARTICLE,  AND  SUBDIVISIONS  TWO  AND  FOUR  OF  SECTION
 11-0931  OF  THIS  ARTICLE,  PROVIDED THAT ANY SUCH AUTHORIZATION SUBSE-
 QUENTLY 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 DEER 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 SECTION 11-0522 OF THIS TITLE MAY DO SO PROVIDED  THAT  SUCH
 ACTIVITIES ARE IN FURTHERANCE OF THE SITE-SPECIFIC DEER MANAGEMENT PLAN.
   9.  A  CERTIFIED  NUISANCE  WILDLIFE  SPECIALIST  WITH A PERMIT ISSUED
 PURSUANT TO SECTION 11-0522 OF THIS TITLE MAY, IN  ACCORDANCE  WITH  THE
 PARAMETERS  OF  SUCH  PERMIT AND THE PARTICIPATION OF LOCAL LAW ENFORCE-
 MENT, ENTICE DEER IN THE MANNER PROHIBITED IN SUBDIVISION EIGHT OF  THIS
 SECTION  PROVIDED  THAT  SUCH ACTIVITIES ARE IN FURTHERANCE OF THE SITE-
 SPECIFIC DEER 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  SECTION  11-0522 OF THIS ARTICLE PROVIDED THAT SUCH ACTIV-
 ITIES ARE IN FURTHERANCE OF THE SITE-SPECIFIC DEER 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
 duties  OR A CERTIFIED NUISANCE WILDLIFE SPECIALIST WITH A PERMIT ISSUED
 PURSUANT TO SECTION 11-0522 OF THIS ARTICLE, PROVIDED THAT  SUCH  ACTIV-
 ITIES  ARE  IN  FURTHERANCE  OF  THE SITE-SPECIFIC DEER 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 limit-
 S. 9475                             3
 
 ed to automobiles, trucks, motorcycles, tractors,  trailers  and  motor-
 boats,  snowmobiles and snowtravelers, whether operated on or off public
 highways.  Notwithstanding  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
 consent of said owner or lessee, 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 cross-
 bow within two hundred fifty feet of any other dwelling house, or a farm
 building or farm structure actually occupied or used, or a school build-
 ing or playground, public structure,  or  occupied  factory  or  church;
 PROVIDED FURTHER, THAT A WILDLIFE SPECIALIST WITH A PERMIT ISSUED PURSU-
 ANT TO SECTION 11-0522 OF THIS ARTICLE ACTING IN FURTHERANCE OF THE SITE
 SPECIFIC  DEER  MANAGEMENT  PLAN  MAY  DISCHARGE  A  FIREARM WITHIN FIVE
 HUNDRED FEET OF ANY DWELLING HOUSES, STRUCTURES, SCHOOLS OR PLAYGROUNDS,
 PROVIDED THAT THE OWNERS OR LESSEES THEREOF HAVE BEEN NOTIFIED BY CERTI-
 FIED MAIL OF THE DATE AND TIME OF THE EXPECTED ACTIVITY, AND DISCHARGE A
 FIREARM WITHIN TWO HUNDRED FIFTY FEET OF SUCH  DWELLING  HOUSES,  STRUC-
 TURES,  SCHOOLS  OR  PLAYGROUNDS PROVIDED THAT ALL THE OWNERS OR LESSEES
 THEREOF HAVE PROVIDED WRITTEN CONSENT;
   § 5. The department of environmental conservation, following consulta-
 tion with the city of Syracuse shall  prepare  a  report  examining  the
 effectiveness  of  the  urban  deer management pilot program established
 pursuant to section 11-0522 of the  environmental  conservation  law  in
 addressing  deer  overpopulation  and  the  effectiveness  in addressing
 destruction to public or private property in the  city  of  Syracuse  as
 well as the impacts on surrounding communities. The report shall include
 estimates regarding the size of the deer population in the city of Syra-
 cuse  prior  to  the  issuance  of deer cull permits pursuant to section
 11-0522 of the  environmental  conservation  law,  the  number  of  cull
 permits  issued,  and  the  number  of deer taken. The report shall also
 include recommendations for program improvements, including  the  poten-
 tial  effectiveness of authorizing future programs.  The report shall be
 delivered to the governor, the speaker of the assembly and the temporary
 president of the senate, as well as published on the department's public
 website, no later than thirty months after the effective  date  of  this
 act.
   §  6. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law and shall expire and be
 deemed repealed three years after such date.