S T A T E   O F   N E W   Y O R K
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                                  5542--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2023
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on  Environmental  Conservation -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the environmental conservation law,  in  relation  to  a
   Long  Island  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. LONG ISLAND 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 TOWN OF SOUTHOLD'S SITE-
 SPECIFIC DEER MANAGEMENT PLAN, AND UPON A FINDING BY THE TOWN  OF  SOUT-
 HOLD  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 TOWN OF SOUTHOLD.
   3.  EACH  CULL  PERMIT APPLICATION SHALL AT A MINIMUM INCLUDE REQUIRE-
 MENTS FOR: THE TIMEFRAME DURING WHICH THE PERMIT MUST BE USED,  A  SITE-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07252-04-3
              

 A. 5542--A                          2
 
 SPECIFIC  DEER MANAGEMENT PLAN, A GEOGRAPHIC DESCRIPTION OF THE AREA FOR
 WHICH THE PERMIT IS BEING REQUESTED, A WRITTEN CONTRACT WITH THE TOWN OF
 SOUTHOLD, REQUESTS FOR ANY AUTHORIZATION 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 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
 A. 5542--A                          3
 
 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
 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 town of Southold shall  prepare  a  report  examining  the
 effectiveness  of  the  Long Island deer management pilot program estab-
 lished 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 town of Southold as
 well as the impacts on surrounding communities. The report shall include
 estimates regarding the size of the deer population in the town of Sout-
 hold 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.