S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8559
 
                           I N  A S S E M B L Y
 
                              January 9, 2024
                                ___________
 
 Introduced by M. of A. THIELE -- 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 a
   Long Island deer management pilot program, as proposed in  legislative
   bills  numbers  S.  4804-A and A. 5542-A, in relation to an urban deer
   management pilot program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 11-0522 of the environmental conservation law, as
 added by a chapter of  the  laws  of  2023  amending  the  environmental
 conservation  law  relating  to  a  Long  Island  deer  management pilot
 program, as proposed in legislative  bills  numbers  S.  4804-A  and  A.
 5542-A, is renumbered section 11-0522-a and subdivisions 1, 2, and 3 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 town of Southold's CULL
 PERMIT APPLICATION AND site-specific deer management plan,  and  upon  a
 finding  by  the  town  of  Southold  that  deer have become a nuisance,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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 A. 8559                             2
 
 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 boundaries of the town of Southold, AUTHORIZ-
 ING  THE  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 town of
 Southold,  A  LIST  WHICH  IDENTIFIES  PARTICIPATING  NUISANCE  WILDLIFE
 SPECIALISTS AND ELIGIBILITY BASED ON THE  CRITERIA  ESTABLISHED  BY  THE
 DEPARTMENT,  PROVIDED BY THE TOWN OF SOUTHOLD, 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, as added by a chapter of the laws
 of  2023  amending the environmental conservation law relating to a Long
 Island deer management pilot program, as proposed in  legislative  bills
 numbers S. 4804-A and A. 5542-A, are amended to read as follows:
   [b.]  C.  a  [certified]  nuisance  wildlife  specialist with a permit
 issued pursuant to section [11-0522] 11-0522-A of this title may  do  so
 provided  that  such  activities are in furtherance of the site-specific
 deer management plan.
   [9.] 10. A [certified] nuisance  wildlife  specialist  with  a  permit
 issued  pursuant  to  section  [11-0522] 11-0522-A 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 prohib-
 ited  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  added  by  a chapter of the laws of 2023
 amending the environmental conservation law relating to  a  Long  Island
 deer  management pilot program, as proposed in legislative bills numbers
 S. 4804-A and A.  5542-A, is amended to read as follows:
   [b.] C. by a [certified] nuisance wildlife specialist  with  a  permit
 issued  pursuant to section [11-0522] 11-0522-A of this article provided
 that such activities  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 a Long Island deer management pilot program, as proposed
 in legislative bills numbers S. 4804-A and A.  5542-A,  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
 A. 8559                             3
 
 issued pursuant to section [11-0522] 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 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, trac-
 tors, trailers and motorboats, 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] 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  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 a Long Island deer management  pilot
 program,  as  proposed  in  legislative  bills  numbers S. 4804-A and A.
 5542-A, is amended to read as follows:
   § 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]  11-0522-A  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 Southold 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
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 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 same date and in the same
 manner as a chapter of the  laws  of  2023  amending  the  environmental
 conservation  law  relating  to  a  Long  Island  deer  management pilot
 program, as proposed in legislative  bills  numbers  S.  4804-A  and  A.
 5542-A, takes effect.