Establishes an interagency task force to be known as the Hudson valley white-tail deer mitigation task force

Summary of provisions

Section 1: Legislative Findings.

Section 2: Amends Agriculture and Markets Law section 16 to add a new subdivision 45 to authorize the Department of Agriculture and Markets to prepare a report outlining the activities of the Hudson Valley WhiteTail Deer Damage Mitigation Task Force.

Section 3: Adds Agriculture and Markets Law section 298 to establish an interagency task force consisting of the Departments of Agriculture and Markets, Environmental Conservation, Health, Insurance, Motor Vehicles, Transportation and the Office of Temporary and Disability Assistance. This Task Force will have two charges as it relates to deer populations in the counties of Columbia, Dutchess, Greene, Orange, Putnam, Rockland, Ulster and Westchester Counties:

1. To develop innovative ways to curtail future deer population increases to reduce damage to agricultural crops and minimize personal injury and physical property damage to motor vehicles. The Task Force shall look into the feasibility of purchasing in bulk fencing supplies or other deer control equipment, supplies or devices that can then be distributed to farmers, academic or applied researchers and other land owners. In addition, the Task Force should determine if cheaper fencing materials can be identified and utilized to keep deer out of farms and off the roadways to minimize damage to crops and minimize automobile accidents involving deer in the region. Further, the Task Force shall explore whether new deer herd warning systems could be economically developed to alert motorists of the presence of deer in high risk areas or at certain times of the day.

To assist the Task Force in its deliberations, the Task Force shall conduct a study to identify and quantify where, when and how motor vehicle accidents involving deer occur in the state. By quantifying the circumstances which lead to motor vehicle accidents, the Task Force may be able to identify measures to mitigate personal injury and property damage from such accidents.

2. To identify new ways to encourage more deer hunter licensees to donate venison to charitable organizations that supply food to the poor. The Task Force shall also look into how to streamline the way venison is processed and delivered to those in need of food.

The Task Force shall designate already existing personnel to conduct the work of the Task Force. In addition, an ad hoc advisory committee of no more than 20 private persons may be appointed to assist the Task Force with its work. A report on the Task Force's finding is to be prepared within 270 days after it has been convened and sent to the Governor and to Legislative Leaders.

Existing law

There is no task force in existence at this time.

Justification

Since the 1960s the amount of land that is under cultivation in the Hudson Valley has decreased substantially. In place of these farms have grown secondary growth forests which have greatly expanded the habitat for deer. Further, the increased suburbanization of the Hudson Valley has curtailed the ability of sports persons to hunt deer in the area. Consequently, deer populations, particularly in the Hudson Valley, have been and continue to grow very rapidly.

Unfortunately, the sizable increase in deer populations has had many significant detrimental effects. Among the detrimental effects include, the loss of millions of dollars in agricultural production and income each year, damage to new and old fruit trees and vineyards, the defoliation of many home vegetable and flower gardens, increases in the number of motor vehicle accidents with deer with consequential loss of life and property, the increased spread of diseases such as lyme disease by deer acting as disease vectors, and the destruction of home and commercial landscaping in residential neighborhoods.

An insurance industry study concluded that nationwide over 150 people die each year due to deer induced traffic accidents. Further, the direct economic damages from these accidents is approximately $1.1 billion each year. In New York, one group cited that annually there are approximately 10,000 reported incidents where deer are hit by motor vehicles. However, other researchers maintain that the number is closer to between 50,000 and 70,000 each year because many collisions go unreported. The Insurance Information Institute estimates that each deer accident costs approximately $2,000 for each claim. Therefore, the property/casualty and personal injury claims caused by deer accidents in New York is at least $20,000,000 each year and could be as high as $140,000,000 each year.

The losses sustained by New York agriculture from deer browsing damage are quite high. In the Hudson Valley, local tree fruit growers sustain annual losses of between $46,960 and $67,740 of damage due to deer browsing (approximately $367 per acre of orchards and vineyards). Annual damage just to orchard and vineyard farmers is $3,544,000 each year. This does not include any damage to the valley's substantial number of vegetable and horticultural farmers. This bill was developed and comes out of the work of the NYS Senate Task Force for Hudson Valley Fruit Growers. With the surge in deer populations and the reduced numbers of individuals that hunt deer, Cornell University reports that other means of deer management need to be developed and instituted to stem the loss of life and property/casualty damage due to motor vehicle accidents and loss of agricultural crops. This bill tries to set in motion the beginnings of a collaborative interagency effort to identify new and innovative ways to curtail future deer population increases in that section of the state that is experiencing the highest amount of damage. Without identifying new ways to curtail future deer population increases, deer populations will continue to grow beyond the bounds of our current environment to sustain these populations. This will lead to further loss of human life, economic damage and more deer dying during winter seasons due to the lack of food.

S.1964/A.6428, which established a statewide task force to study deer population issues across the state, passed both houses, but was vetoed by Governor Pataki in 2005. The Veto message suggested that the deer herd browsing problem was not a statewide problem. It was encouraging that in his veto message, the Governor directed DEC to evaluate the issues raised in the bill. The reason this new bill is being introduced is because the over abundance of deer herds is clearly evident in the Hudson Valley. This bill takes into consideration Governor Pataki's veto message and incorporates many of its suggestions in it. That is why the task force created in this bill would only look at deer population issues affecting the Hudson Valley.

Legislative history 2006

A.9468 Held for consideration in Agriculture 2007-08: A.3740 Held for consideration in Agriculture 2009-10: A.1964 Held for consideration in Agriculture

Fiscal implications

None.

Local fiscal implications

None.

Effective date

Immediate.