S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2725--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by  Sens.  SKOUFIS,  STEC, WALCZYK -- read twice and ordered
   printed, and when printed to be committed to the Committee on Environ-
   mental Conservation -- recommitted to the Committee  on  Environmental
   Conservation  in  accordance  with  Senate Rule 6, sec. 8 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   authorizing the issuance of special airport air strike hazard permits
 
   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 11-0521-a to read as follows:
 § 11-0521-A. AIRPORT AIR STRIKE HAZARD PERMITS.
   1. FOR THE PURPOSES OF THIS SECTION:
   A.  "AIRPORT"  SHALL MEAN AN AIRPORT AS DEFINED IN SUBDIVISION FIVE OF
 SECTION TWO HUNDRED FORTY OF THE GENERAL BUSINESS LAW.
   B. "AIRPORT WILDLIFE HAZARD SPECIALIST" SHALL MEAN AN EMPLOYEE OF OR A
 CONTRACTOR FOR THE FEDERAL OR STATE GOVERNMENT RESPONSIBLE FOR  WILDLIFE
 MANAGEMENT  AT  AN  AIRPORT, OR OF AN AIRPORT WHEN ACTING PURSUANT TO AN
 AIRPORT WILDLIFE HAZARD MANAGEMENT PLAN AND AIRPORT  AIR  STRIKE  HAZARD
 PERMIT.
   C.  "WILDLIFE"  SHALL MEAN SPECIES PERMITTED TO BE TAKEN PURSUANT TO A
 PERMIT APPROVED BY THE UNITED STATES FISH AND WILDLIFE SERVICE.
   2. AIRPORT WILDLIFE HAZARD SPECIALISTS SHALL  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 AIRPORT AIR STRIKE HAZARD PERMIT AND A COPY OF THE
 LOG OF NUISANCE WILDLIFE SPECIALISTS USING THE PERMIT, BE ON THE AIRPORT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03663-02-4
              

 S. 2725--A                          2
 
 WILDLIFE HAZARD SPECIALIST'S PERSON WHEN  EXERCISING  ANY  PRIVILEGE  OF
 SUCH PERMIT; AND
   D. REPORTING REQUIREMENTS.
   3.  THE  DEPARTMENT MAY, AFTER REVIEWING THE AIRPORT'S PERMIT APPLICA-
 TION AND AIRPORT WILDLIFE MANAGEMENT PLAN, AND UPON  A  FINDING  BY  THE
 AIRPORT  THAT  WILDLIFE  HAS BECOME A NUISANCE, DESTRUCTIVE TO PUBLIC OR
 PRIVATE PROPERTY OR A THREAT TO PUBLIC HEALTH OR WELFARE, ISSUE  TO  THE
 AIRPORT  AN  AIRPORT  AIR STRIKE HAZARD PERMIT FOR USE ON AN AIRPORT AND
 WITHIN THE BOUNDARIES OF THE AFFECTED AREA SURROUNDING  THE  AIRPORT  AS
 DETERMINED  BY  THE  FEDERAL AVIATION ADMINISTRATION, AUTHORIZING USE OF
 AIRPORT WILDLIFE HAZARD SPECIALISTS TO TAKE  WILDLIFE  PURSUANT  TO  THE
 TERMS OF THE AIRPORT AIR STRIKE HAZARD PERMIT.
   4.  EACH AIRPORT AIR STRIKE HAZARD PERMIT APPLICATION SHALL AT A MINI-
 MUM INCLUDE REQUIREMENTS FOR: THE TIMEFRAME DURING WHICH THE PERMIT MUST
 BE  USED,  AN  AIRPORT  WILDLIFE  HAZARD  MANAGEMENT  PLAN, A GEOGRAPHIC
 DESCRIPTION OF THE AREA FOR WHICH THE PERMIT IS BEING REQUESTED, A WRIT-
 TEN CONTRACT WITH THE AIRPORT IF APPLICABLE,  A  LIST  WHICH  IDENTIFIES
 PARTICIPATING  AIRPORT WILDLIFE HAZARD SPECIALISTS AND ELIGIBILITY BASED
 ON THE CRITERIA ESTABLISHED BY THE DEPARTMENT, AIRPORT REQUESTS FOR  ANY
 AUTHORIZATION  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 AND FOUR OF SECTION 11-0931 OF THIS ARTI-
 CLE, PROVIDED THAT ANY SUCH AUTHORIZATION SUBSEQUENTLY GRANTED SHALL  BE
 EXPLICITLY  INCLUDED  ON  ANY  AIRPORT STRIKE HAZARD PERMIT, AND DETAILS
 REGARDING EXPECTED LOCAL LAW ENFORCEMENT CONSULTATION.
   5. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING OR OBLIGAT-
 ING THE DEPARTMENT TO ISSUE A PERMIT TO  TAKE  WILDLIFE  OR  DIRECT  THE
 TAKING OF ANY WILDLIFE WHEN IN ITS OPINION, THE NUISANCE, DESTRUCTION OF
 PROPERTY  OR THREAT TO PUBLIC HEALTH AND WELFARE WILL NOT BE EFFECTIVELY
 ABATED THEREBY.
   § 2.  Section 11-0505 of the environmental conservation law is amended
 by adding two new subdivisions 3-a and 11 to read as follows:
   3-A. NOTWITHSTANDING SUBDIVISION THREE OF THIS SECTION,  A  SALT  LICK
 MAY  BE  MADE,  SET,  OR  USED UPON LAND INHABITED BY DEER OR BEAR BY AN
 AIRPORT WILDLIFE HAZARD SPECIALIST WITH  A  PERMIT  ISSUED  PURSUANT  TO
 SECTION  11-0521-A  OF  THIS  TITLE PROVIDED THAT SUCH ACTIVITIES ARE IN
 FURTHERANCE OF THE AIRPORT WILDLIFE HAZARD MANAGEMENT PLAN.
   11. AN AIRPORT WILDLIFE HAZARD SPECIALIST WITH A PERMIT ISSUED  PURSU-
 ANT  TO  SECTION  11-0521-A  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 AIRPORT
 WILDLIFE HAZARD MANAGEMENT PLAN.
   § 3. Section 11-0901 of the environmental conservation law is  amended
 by adding a new subdivision 2-a to read as follows:
   2-A.  NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, WILDLIFE MAY BE
 TAKEN BY AN AIRPORT WILDLIFE HAZARD  SPECIALIST  WITH  A  PERMIT  ISSUED
 PURSUANT  TO SECTION 11-0521-A OF THIS ARTICLE PROVIDED THAT SUCH ACTIV-
 ITIES ARE IN FURTHERANCE OF THE AIRPORT WILDLIFE HAZARD MANAGEMENT PLAN.
   § 4. 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-
 S. 2725--A                          3
 
 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] THEIR offi-
 cial  duties  or  a  nuisance wildlife specialist OR AN AIRPORT WILDLIFE
 HAZARD 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 AIRPORT WILDLIFE HAZARD 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] THEY 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
 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]
 THEIR immediate family actually residing 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 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 playground, public
 structure, or occupied factory  or  church;  provided  further,  that  a
 nuisance  wildlife  specialist  OR AN AIRPORT WILDLIFE HAZARD 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 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-
 S. 2725--A                          4

 grounds provided that all the owners or lessees  thereof  have  provided
 written consent];
   § 5. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become a law; provided, however, that the amendments to
 subdivision 2 and subparagraph 1 of paragraph  b  of  subdivision  4  of
 section  11-0931  of  the environmental conservation law made by section
 four of this act shall survive the  expiration  and  reversion  of  such
 subdivision  and  such  subparagraph as provided in section 8 of chapter
 683 and section 6 of chapter 704  of  the  laws  of  2023,  as  amended.
 Effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive  date  are  authorized  to  be made and completed on or before such
 effective date.