S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10631
 
                           I N  A S S E M B L Y
 
                               June 20, 2024
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Lavine) --
   read once and referred to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   establishing  a  county  of  Nassau  deer management pilot program; to
   repeal subdivision 10 of section 11-0505 of the environmental  conser-
   vation  law  relating thereto; and providing for the repeal of certain
   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-b to read as follows:
 § 11-0522-B. COUNTY OF NASSAU DEER MANAGEMENT PILOT PROGRAM.
   1. FOR THE PURPOSES OF THIS SECTION,  "NUISANCE  WILDLIFE  SPECIALIST"
 SHALL  MEAN  AN  EMPLOYEE  OF  OR  A CONTRACTOR FOR THE FEDERAL OR STATE
 GOVERNMENT RESPONSIBLE FOR WILDLIFE MANAGEMENT ACTING PURSUANT TO A DEER
 MANAGEMENT PLAN AND DEER CULL PERMIT.  A  NUISANCE  WILDLIFE  SPECIALIST
 MUST  BE  IN COMPLIANCE WITH CRITERIA ESTABLISHED BY THE DEPARTMENT THAT
 AT A MINIMUM SHALL REQUIRE:
   A. A MINIMUM LEVEL OF MARKSMANSHIP QUALIFICATIONS APPROPRIATE  TO  THE
 FIREARM OR HUNTING IMPLEMENT TO BE USED;
   B.  LIABILITY INSURANCE COVERAGE OR OTHER FINANCIAL ARRANGEMENTS IDEN-
 TIFIED BY THE DEPARTMENT;
   C. A COPY OF THE CULL PERMIT AND A COPY OF THE LOG OF  NUISANCE  WILD-
 LIFE  SPECIALISTS USING THE PERMIT, BE ON THE NUISANCE WILDLIFE SPECIAL-
 IST'S PERSON WHEN EXERCISING ANY PRIVILEGE OF SUCH PERMIT; AND
   D. REPORTING REQUIREMENTS.
   2. THE DEPARTMENT MAY, AFTER REVIEWING THE  COUNTY  OF  NASSAU'S  CULL
 PERMIT  APPLICATION  AND  SITE-SPECIFIC DEER MANAGEMENT PLAN, AND UPON A
 FINDING BY THE COUNTY OF  NASSAU  THAT  DEER  HAVE  BECOME  A  NUISANCE,
 DESTRUCTIVE  TO  PUBLIC OR PRIVATE PROPERTY OR A THREAT TO PUBLIC HEALTH
 OR WELFARE, ISSUE A DEER CULL PERMIT FOR USE WITHIN  THE  BOUNDARIES  OF
 THE  COUNTY OF NASSAU, AUTHORIZING USE OF A NUISANCE WILDLIFE SPECIALIST
 TO TAKE DEER PURSUANT TO THE TERMS OF THE DEER CULL PERMIT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15834-03-4
              

 A. 10631                            2
 
   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 COUNTY
 OF  NASSAU,  A  LIST  WHICH  IDENTIFIES  PARTICIPATING NUISANCE WILDLIFE
 SPECIALISTS AND ELIGIBILITY BASED ON THE  CRITERIA  ESTABLISHED  BY  THE
 DEPARTMENT,  PROVIDED BY THE COUNTY OF NASSAU, REQUESTS FOR ANY AUTHORI-
 ZATION PURSUANT TO SUBDIVISIONS THREE-A AND ELEVEN OF SECTION 11-0505 OF
 THIS TITLE, SUBDIVISION TWO-A OF SECTION 11-0901 OF  THIS  ARTICLE,  AND
 SUBDIVISIONS  TWO-A  AND  FOUR-A  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 CONSULTATION.
   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. Subdivisions 3 and 9 of  section  11-0505  of  the  environmental
 conservation  law,  subdivision  3 as separately amended by chapters 683
 and 704 of the laws of 2023, paragraph b of subdivision 3  and  subdivi-
 sion  9 as amended by chapter 65 of the laws of 2024, and paragraph c of
 subdivision 3 as amended by chapter 83 of the laws of 2024, are  amended
 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  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.
   [c.  a  nuisance  wildlife specialist with a permit issued pursuant to
 section 11-0522-a of this title may do so provided that such  activities
 are in furtherance of the site-specific deer management plan.]
   9.  A  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 consultation 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
 deer management plan.
   § 3.  Subdivision 10 of section 11-0505 of the environmental conserva-
 tion law is REPEALED.
   § 4. 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 NUISANCE WILDLIFE SPECIALIST WITH A  PERMIT  ISSUED  PURSUANT  TO
 THIS TITLE MAY DO SO PROVIDED THAT SUCH ACTIVITIES ARE IN FURTHERANCE OF
 THE SITE-SPECIFIC DEER MANAGEMENT PLAN.
   9.  A  NUISANCE  WILDLIFE  SPECIALIST WITH A PERMIT ISSUED PURSUANT TO
 THIS TITLE MAY, IN ACCORDANCE WITH THE PARAMETERS OF SUCH PERMIT AND THE
 CONSULTATION OF LOCAL LAW ENFORCEMENT, ENTICE DEER IN THE MANNER PROHIB-
 A. 10631                            3
 
 ITED IN SUBDIVISION EIGHT OF THIS SECTION PROVIDED THAT SUCH  ACTIVITIES
 ARE IN FURTHERANCE OF THE SITE-SPECIFIC DEER MANAGEMENT PLAN.
   §  5.  Subdivision 2 of section 11-0901 of the environmental conserva-
 tion law, as separately amended by chapters 683 and 704 of the  laws  of
 2023,  paragraph  b  as  amended  by chapter 65 of the laws of 2024, and
 paragraph c as amended by chapter 83 of the laws of 2024, 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 nuisance wildlife specialist with a permit issued pursuant  to
 [section  11-0522  of] this article provided that such activities are in
 furtherance of the site-specific deer management plan.
   [c. by a nuisance wildlife specialist with a permit issued pursuant to
 section 11-0522-a of this article provided that such activities  are  in
 furtherance of the site-specific deer management plan.]
   §  6.  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 NUISANCE WILDLIFE SPECIALIST WITH A PERMIT ISSUED PURSUANT TO
 THIS ARTICLE PROVIDED THAT SUCH ACTIVITIES ARE  IN  FURTHERANCE  OF  THE
 SITE-SPECIFIC DEER MANAGEMENT PLAN.
   §  7. Subdivision 2 and subparagraph 1 of paragraph b of subdivision 4
 of section 11-0931 of the environmental conservation law, as  separately
 amended  by  chapters 65 and 83 of the laws of 2024, 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] SUCH LAW
 ENFORCEMENT OFFICER'S official duties or a nuisance wildlife  specialist
 with  a  permit  issued  pursuant  to [section 11-0522 of] this article,
 provided that such activities are in furtherance  of  the  site-specific
 deer  management  plan, [or a nuisance wildlife specialist with a permit
 issued pursuant to section 11-0522-a of this article, provided that such
 activities 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]
 SUCH  LAW  ENFORCEMENT  OFFICER  OR  NUISANCE WILDLIFE SPECIALIST ARE in
 possession or [is] ARE 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-
 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
 A. 10631                            4
 
 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] THE
 OWNER OR LESSEE OF THE DWELLING HOUSE'S immediate family actually resid-
 ing therein, or a person in [his] THE employ OF SUCH OWNER OR LESSEE, 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  nuisance  wildlife specialist with a permit
 issued pursuant to [section 11-0522 of] this article acting in  further-
 ance  of  the  [site  specific]  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 certified mail of the date or  dates,  and
 time period of the expected activity, and discharge a firearm within two
 hundred fifty feet of such dwelling houses, structures, schools or play-
 grounds  provided  that  all the owners or lessees thereof have provided
 written consent[; provided further, that a nuisance wildlife  specialist
 with  a  permit  issued  pursuant  to  section 11-0522-a 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 certified mail of the date or dates and
 time period of the expected activity, and discharge a firearm within two
 hundred fifty feet of such dwelling houses, structures, schools or play-
 grounds provided that all the owners or lessees  thereof  have  provided
 written consent];
   §  8. 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] SUCH LAW
 ENFORCEMENT OFFICER'S official duties OR A NUISANCE WILDLIFE  SPECIALIST
 WITH A PERMIT ISSUED PURSUANT TO 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]
 SUCH LAW ENFORCEMENT OFFICER OR  NUISANCE  WILDLIFE  SPECIALIST  ARE  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
 A. 10631                            5
 
 power other than muscle power, and which shall include but not be limit-
 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]
 SUCH OWNER OR LESSEE OF THE DWELLING HOUSE'S immediate  family  actually
 residing  therein,  or a person in [his] THE 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 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  play-
 ground,  public  structure,  or  occupied  factory  or  church; PROVIDED
 FURTHER, THAT A NUISANCE WILDLIFE SPECIALIST WITH A PERMIT ISSUED PURSU-
 ANT TO 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 CERTIFIED MAIL OF THE
 DATE OR DATES AND TIME PERIOD 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;
   § 9. The department of environmental conservation, following consulta-
 tion  with  the  county  of  Nassau shall prepare a report examining the
 effectiveness of the county of  Nassau  deer  management  pilot  program
 established pursuant to section 11-0522-b of the environmental conserva-
 tion  law  in  addressing  deer  overpopulation and the effectiveness in
 addressing destruction to public or private property in  the  county  of
 Nassau.  The report shall include the number of cull permits issued, and
 the number of deer taken. The report shall also include  recommendations
 for  program  improvements,  including  the  potential  effectiveness of
 authorizing future programs. The report shall be delivered to the gover-
 nor, 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.
   § 10. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law and  sections  one  and
 nine  of  this act shall expire and be deemed repealed three years after
 such date; provided further, however, that the  amendments  to  subdivi-
 sions  3  and 9 of section 11-0505 of the environmental conservation law
 made by section two of this act, subdivision 2 of section 11-0901 of the
 environmental conservation law made by section  five  of  this  act  and
 subdivision  2  and  subparagraph (1) of paragraph b of subdivision 4 of
 section 11-0931 of the environmental conservation law  made  by  section
 seven  of  this  act shall be subject to the expiration and reversion or
 repeal, as applicable, of such subdivisions and such paragraph  pursuant
 to  section  6  of chapters 683 and 704 of the laws of 2023, as amended,
 when upon such date the provisions of sections four, six, and  eight  of
 this act shall take effect.