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S7952Senate2017-2018 SessionSame asA10863

Extend Wildlife Management Authority

Official title

“Relates to the authority of the department of environmental conservation to manage deer and bear”

Sponsor Thomas F. O'MaraSD-58Affects Environment & Energy
Status
Signed by Governor
Impact
3/10
Low
Outcome
Signed into law

Bill progress

Signed into law

What's happening

This bill extends the Department of Environmental Conservation's authority to manage deer and bear in New York through December 31, 2021.

Why it matters

  1. Ensures continued state oversight of deer and bear populations. , allowing the Department of Environmental Conservation (DEC) to respond to wildlife management needs such as overpopulation, property damage, or ecological impacts until at least the end of 2021.

  2. Allows flexibility for emergency or special hunting seasons and bag limits. , enabling the DEC to quickly adapt regulations in areas experiencing high deer or bear numbers, which can help prevent crop losses, vehicle collisions, and habitat degradation.

  3. Extends the authority for special permits and management tools. , such as deer management permits and quotas, which can be targeted to specific local circumstances—helping balance wildlife populations with available habitat and public interests.

  4. Prevents regulatory gaps in wildlife management. , ensuring there is no lapse in the legal ability of the DEC to set seasons, methods of take, and other important rules, which is critical for maintaining ongoing conservation programs and responding to community concerns.

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Who cares

Headline styles

Extend Wildlife Management Authority

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Thomas F. O'Mara

Senator · Senate District 58

Chair, Environmental Conservation

No co-sponsors yet.

History

  1. Signed chap.383
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading cal.1090
  6. Substituted for A10863
  7. Referred to environmental conservation
  8. Delivered to assembly
  9. Passed senateVote 61–1
  10. Advanced to third reading
  11. 2nd report cal.
  12. 1st report cal.990
Show 1 earlier action
  1. Referred to environmental conservation

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A10863Assembly

Extend Wildlife Management Authority

Assembly Floor Calendar · Sponsor Pamela J. Hunter

Impact 3 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

7952

IN SENATE

March 13, 2018

Introduced by Sen. O'MARA -- (at request of the Department of Environmental Conservation) -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation

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 deer, in relation to the effectiveness of such chapter

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 13 of chapter 600 of the laws of 1993, amending the environmental conservation law relating to the management of deer, as amended by chapter 209 of the laws of 2015, is amended to read as follows:

§ 13. This act shall take effect immediately, provided however, that the amendments made to paragraph c of subdivision 1 of section 11-0907 of the environmental conservation law made by section five of this act, paragraph a of subdivision 2 of section 11-0907 of the environmental conservation law made by section six of this act, paragraphs a and b of subdivision 3 of section 11-0907 of the environmental conservation law made by section seven of this act, paragraph b of subdivision 2 of section 11-0907 of the environmental conservation law made by section six of this act, paragraph c of subdivision 3 of section 11-0907 of the environmental conservation law made by section seven of this act, and subdivision 3 of section 11-0911 of the environmental conservation law made by section eight of this act shall expire on December 31, [2018] 2021.

§ 2. Subdivision 8, paragraph a of subdivision 9 and subdivision 10 of section 11-0903 of the environmental conservation law, as amended by chapter 209 of the laws of 2015, are amended to read as follows:

8. Notwithstanding any provision of law, rule or regulation to the contrary, the department may, until December thirty-first, two thousand [eighteen] twenty-one, fix by regulation the open seasons, open areas, bag limit, manner of taking, possession and disposition of bear and

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD14345-01-8

S. 7952 2

parts of bears, and the intentional and incidental feeding of bears. Such regulations shall implement the provisions of this article. Such regulations, as the department deems appropriate, may provide for special permits and permit quotas. When a special permit is required, the department may fix by regulation a fee for each such permit issued.

a. Until December thirty-first, two thousand [eighteen] twenty-one, whenever in its opinion deer shall become numerous enough in any area to cause substantial damage to property or overbrowsing of deer range, the department may fix by regulation special open seasons for taking wild deer of either sex. Subject to this subdivision, the department may fix the conditions of such seasons.

10. Notwithstanding any inconsistent provision of subdivision 10 of section 11-0901 or subdivision 2, subdivision 3 or subdivision 8 of section 11-0907 of this title, until December thirty-first, two thousand [eighteen] twenty-one, the department is authorized to adopt regulations with respect to the manner of taking, possession, open seasons and bag limits for deer. The authority to adopt such regulations is in addition to any authority contained in this section or section 11-0913 of this title respecting regulations fixing open seasons for deer and the issuance of deer management permits.

§ 3. Paragraph a of subdivision 1 of section 11-0913 of the environmental conservation law, as amended by chapter 209 of the laws of 2015, is amended to read as follows:

a. Until December thirty-first, two thousand [eighteen] twenty-one, whenever in its opinion the population of deer in any area of the state except in the northern zone is such that additional harvest of deer is reasonably necessary to properly manage the deer herd in the state in balance with the available deer range and natural food supply, the department may provide by regulation for issuance of deer management permits, permitting the taking of one deer for the permit, in addition to the limit of one deer that may otherwise be taken by one person in a license year.

§ 4. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

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 deer, 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 would amend Section 13 of Chapter 600 of the Laws of 1993 to extend, until December 31, 2021, the expiration date applica- ble to several provisions of the Fish and Wildlife Law related to the taking of deer.

Section 2 of this bill would amend Environmental Conservation Law (ECL) § 11-0903(8), (9)(a) and (10) to extend, until December 31, 2021, 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 would amend ECL § 11-0913(1)(a) to extend until December 31, 2021, DEC's authority to issue Deer Management Permits.

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

Justification

Authority to set regulations for big game provides a timely administra- tive process which optimizes the effectiveness of harvest management techniques. Each of the ECL provisions pertaining to management of black bear and deer is critical. 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 inef- fective big game management regimes.

Prior legislative history

DEC's regulatory authority for dear and bear was last extended by Chap- ter 209 of the Laws of 2015.

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.