Relates to extending the authority of the department of conservation to manage deer and bear

BILL NUMBER:S5135

Title of bill

An act to amend the environmental conservation law, in relation to extending the authority of the department of environmental conservation to manage deer and bear and to amend chapter 600 of the laws of 1993, amending the environmental conservation law relating to the management of bear, in relation to the effectiveness of such chapter

Purpose of the Bill:

The purpose of this bill is to extend the authority of the Department of Environmental Conservation (DEC) to manage big game (white-tailed deer and black bear).

Summary of Provisions:

Section 1 of this bill amends Section 13 of Chapter 600 of the Laws of 1993 to extend, until December 31, 2018, the expiration date applicable to several provisions of the Fish and Wildlife Law related to the taking of deer.

Section 2 of this bill amends Environmental Conservation Law (ECL) 11-0903(8), (9)(a) and (10) to extend, until December 31, 2018, DEC's authority to: 1) regulate the taking of bear and the possession and disposition of bear parts, and the intentional and incidental feeding of bears; 2) fix by regulation special open seasons for taking wild deer of either sex when in its opinion deer shall become numerous enough to cause substantial damage to property and overbrowsing; and 3) adopt regulations with respect to the manner of taking of, the possession of, and open seasons and bag limits for, deer.

Section 3 of this bill amends ECL § 11-0913(1)(a) to extend, until December 31, 2018, DEC's authority to issue Deer Management Permits.

Section 4 of this bill provides that the bill will take effect imme- diately.

Existing Law:

ECL §§ 11-0907(1)(c), 11-0907(2)(a) and (b), 11-0907(3)(a), (b) and (c) and 11-0911(3), related to the taking of deer, are repealed effective October 1, 2015 pursuant to Section 13 of Chapter 600 of the Laws of 1993. ECL §§ 11-0903(8), (9)(a), and (10), and 11-0913(1)(a), all related to the management of deer and bear, are repealed effective Octo- ber 1, 2015

Prior Legislative History:

DEC's regulatory authority for dear and bear was last extended by Chap- ter 437 of the Laws of 2011.

Statement in Support:

Authority to set regulations for big game provides a timely administra- tive process which optimizes the effectiveness of harvest management techniques. Achieving management objectives for these species requires the ability to tailor seasons, bag limits, and other hunting regulations to reflect changing conditions for management units in the State. The ability to amend regulations provides the flexibility needed to respond to these needs on a timely basis. In the absence of these renewed authorities, DEC's deer and bear management programs would revert to the "default" statutes, thereby instituting archaic and ineffective big game management regimes.

Budget implications:

None.

Local impact:

This bill would have no impact on local governments.

Effective Date:

This act shall take effect immediately.