S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8526
 
                           I N  A S S E M B L Y
 
                              January 5, 2024
                                ___________
 
 Introduced by M. of A. HUNTER -- read once and referred to the Committee
   on Environmental Conservation
 
 AN  ACT to amend the environmental conservation law and a chapter of the
   laws of 2023 amending the environmental conservation law  relating  to
   an  urban  deer  management  pilot program, as proposed in legislative
   bills numbers S. 2630 and A. 783, in relation to an urban deer manage-
   ment pilot program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions 1, 2 and 3 of section 11-0522 of the environ-
 mental conservation law, as added by a  chapter  of  the  laws  of  2023
 amending  the  environmental  conservation law relating to an urban deer
 management pilot program, as proposed in legislative  bills  numbers  S.
 2630 and A. 783, are amended to read as follows:
   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 pursu-
 ant to a deer management plan[, who has been certified by the department
 as complying] AND DEER CULL PERMIT. A NUISANCE WILDLIFE SPECIALIST  MUST
 BE  IN COMPLIANCE with [the] criteria established by the department that
 at a minimum SHALL require:
   a. a minimum  level  of  marksmanship  [certification]  QUALIFICATIONS
 appropriate  to  the firearm or hunting implement to be used[, including
 ongoing certification];
   b. liability insurance coverage [levels] or other  financial  arrange-
 ments [approved] IDENTIFIED by the department; [and]
   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 city of Syracuse's CULL
 PERMIT APPLICATION AND site-specific deer management plan,  and  upon  a
 finding  by  the  city  of  Syracuse  that  deer have 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.
              

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 A. 8526                             2
 
 or welfare, issue [a certified nuisance wildlife specialist] a deer cull
 permit  for use within the boundaries of the city OF Syracuse, AUTHORIZ-
 ING USE OF A NUISANCE WILDLIFE SPECIALIST TO TAKE DEER PURSUANT  TO  THE
 TERMS OF THE DEER CULL PERMIT.
   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,  A  LIST  WHICH  IDENTIFIES  PARTICIPATING  NUISANCE  WILDLIFE
 SPECIALISTS  AND  ELIGIBILITY  BASED  ON THE CRITERIA ESTABLISHED BY THE
 DEPARTMENT, PROVIDED BY THE CITY OF SYRACUSE, requests for any  authori-
 zation  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] CONSULTATION.
   § 2. Paragraph b of subdivision 3 and subdivision 9 of section 11-0505
 of the environmental conservation law, paragraph b of subdivision  3  as
 amended  and  subdivision  9  as  added by a chapter of the laws of 2023
 amending the environmental conservation law relating to  an  urban  deer
 management  pilot  program,  as proposed in legislative bills numbers S.
 2630 and A. 783, are amended to read as follows:
   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] 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.  Paragraph b of subdivision 2 of section 11-0901 of the environ-
 mental conservation law, as amended by a chapter of  the  laws  of  2023
 amending  the  environmental  conservation law relating to an urban deer
 management pilot program, as proposed in legislative  bills  numbers  S.
 2630 and A. 783, is amended to read as follows:
   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
 a  chapter  of  the laws of 2023 amending the environmental conservation
 law relating to an urban deer management pilot program, as  proposed  in
 legislative  bills  numbers  S.  2630 and A. 783, 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
 activities are in furtherance of the site-specific deer management plan,
 A. 8526                             3
 
 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-
 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  NUISANCE  wildlife specialist with a permit
 issued pursuant 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  play-
 grounds,  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 playgrounds  provided  that  all
 the owners or lessees thereof have provided written consent;
   §  5. Section 5 of a chapter of the laws of 2023 amending the environ-
 mental conservation law relating  to  an  urban  deer  management  pilot
 program, as proposed in legislative bills numbers S. 2630 and A. 783, is
 amended to read as follows:
   § 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  Syracuse  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
 A. 8526                             4
 
 website,  no  later  than thirty months after the effective date of this
 act.
   §  6.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the  laws  of  2023  amending  the  environmental
 conservation  law relating to an urban deer management pilot program, as
 proposed in legislative bills numbers S. 2630 and A. 783, takes effect.