S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 4419--A                                            A. 6428--A
                              2013-2014 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                    March 27, 2013
                                      ___________
       IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
         ed, and when printed to be committed to the Committee on Environmental
         Conservation  -- recommitted to the Committee on Environmental Conser-
         vation  in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
         to the Committee on Environmental Conservation -- recommitted  to  the
         Committee  on  Environmental  Conservation in accordance with Assembly
         Rule  3,  sec.  2  --  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 towns of  East  Hampton,  Riverhead,  Shelter  Island,
         Southold, and Southampton in the county of Suffolk to adopt local laws
         in certain cases related to the taking of wild deer; and providing for
         the repeal of such provisions upon expiration thereof
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative findings. The recent  population  explosion  of
    2  white-tailed  deer  (Odocoileus  virginianus)  on  Eastern  Long  Island
    3  threatens public health, public safety, personal property, and the envi-
    4  ronment. Local municipal deer management plans describe the uncontrolled
    5  increase in population as  an  emergency,  crisis  situation,  requiring
    6  immediate action.
    7    There  are several indicators of the crisis. Tick borne illnesses such
    8  as Lyme disease, Babisiosis and Ehrlichiosis have increased exponential-
    9  ly.  The incidence of reported deer/vehicle collisions on  eastern  Long
   10  Island  has  increased.  The incidence of property damage complaints has
   11  increased, including huge financial  losses  to  the  region's  critical
   12  agricultural economy.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07368-05-4
       S. 4419--A                          2                         A. 6428--A
    1    Environmentally speaking, the preserved lands and native landscapes of
    2  the  East  End are being destroyed. Increased browsing on deer-preferred
    3  plants has changed the type and species of plants that can  survive  and
    4  withstand the destruction. Rare wildflowers and common native herbaceous
    5  plants  have declined. Forested lands show a clear browse line, and tree
    6  saplings are now not surviving. Intense browsing of native  species  has
    7  also  led  to  an  increase  in  invasive plant species which cause even
    8  further destruction to natural habitats. The  environmental  changes  in
    9  and degradation of these native habitats displaces wildlife. These long-
   10  term  changes  adversely  impact  the integrity of eastern Long Island's
   11  ecosystems.
   12    This legislation  would  give  local  towns  on  eastern  Long  Island
   13  increased  authority  to  implement  the state and local deer management
   14  plan goal of reducing deer populations by  providing  increased  hunting
   15  opportunities where local conditions allow. Without controlling the deer
   16  population, human health and safety will continue to be put in jeopardy.
   17    S  2.  Subdivision 7 of section 11-0903 of the environmental conserva-
   18  tion law is amended by adding a new paragraph h to read as follows:
   19    H. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION TO THE CONTRARY,
   20  THE TOWNS OF EAST HAMPTON,  RIVERHEAD,  SHELTER  ISLAND,  SOUTHOLD,  AND
   21  SOUTHAMPTON  IN  THE  COUNTY OF SUFFOLK, AND VILLAGES WITHIN SAID TOWNS,
   22  SHALL BE AUTHORIZED TO ENACT LOCAL LAWS TO: (I) PERMIT HUNTING ON SATUR-
   23  DAY AND SUNDAY DURING SUCH SEASON; (II) PERMIT THE USE OF A LONG BOW  TO
   24  TAKE  WILD DEER DURING SUCH SEASON IN AREAS DESIGNATED BY THE DEPARTMENT
   25  AND THE TOWN; AND (III) TO REPEAL THE REQUIREMENT OF  A  SPECIAL  PERMIT
   26  PROVIDED  BY  THE  DEPARTMENT  AND  ISSUED BY THE TOWN CLERK DURING SUCH
   27  SEASON AS PROVIDED FOR BY THIS SUBDIVISION.
   28    S 3. Subdivision 4 of section 11-0931 of the  environmental  conserva-
   29  tion  law,  subparagraph 3 of paragraph a as added by chapter 400 of the
   30  laws of 1973 and subparagraph 4 of paragraph a as added by chapter 67 of
   31  the laws of 1976, is amended to read as follows:
   32    4. a. No person shall:
   33    (1) discharge a firearm or long bow in such a way as  will  result  in
   34  the  load  or  arrow  thereof  passing over a public highway or any part
   35  thereof;
   36    (2) discharge a firearm or long bow within five hundred  feet  from  a
   37  dwelling  house,  farm  building  or farm structure actually occupied or
   38  used, school building, school playground, or occupied factory or church;
   39    (2-A) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH 2 OF PARAGRAPH  A
   40  OF  THIS  SUBDIVISION TO THE CONTRARY, THE TOWNS OF EAST HAMPTON, RIVER-
   41  HEAD, SHELTER  ISLAND,  SOUTHOLD,  AND  SOUTHAMPTON  IN  THE  COUNTY  OF
   42  SUFFOLK,  AND  VILLAGES  WITHIN SAID TOWNS, SHALL BE AUTHORIZED TO ENACT
   43  LOCAL LAWS TO PERMIT A PERSON TO DISCHARGE A LONG BOW A DISTANCE OF  NOT
   44  LESS THAN ONE HUNDRED FIFTY FEET FROM A DWELLING HOUSE, FARM BUILDING OR
   45  FARM  STRUCTURE ACTUALLY OCCUPIED OR USED, SCHOOL BUILDING, SCHOOL PLAY-
   46  GROUND, OR OCCUPIED FACTORY OR CHURCH.
   47    (3) use a firearm or a long bow for  the  hunting  of  migratory  game
   48  birds  in  Larchmont  Harbor, specifically those portions bounded by the
   49  following points of land:
   50    BEGINNING AT A POINT KNOWN AS UMBRELLA POINT  ON  THE  EAST  SHORE  OF
   51  LARCHMONT  HARBOR  THEN  PROCEEDING  IN  A  NORTHERLY DIRECTION TO CEDAR
   52  ISLAND; THENCE NORTHWESTERLY TO MONROE INLET;  THENCE  NORTHEASTERLY  TO
   53  DELANCY  COVE BEING IN THE TOWN OF MAMARONECK; THENCE IN A SOUTHWESTERLY
   54  DIRECTION FROM DELANCY COVE TO GREACEN POINT; THENCE  RUNNING  THE  AREA
   55  BETWEEN  DELANCY COVE AND THE WEST SHORE OF SATANS TOE NORTHEAST; THENCE
       S. 4419--A                          3                         A. 6428--A
    1  SOUTHEAST THEN ALONG THE WEST SHORE OF SATANS  TOE  SOUTHWEST  AND  THEN
    2  SOUTH TO THE SOUTHERLY POINT OF SATANS TOE TO EDGEWATER POINT.
    3    (4)  Use  of a firearm or a long bow for the hunting of migratory game
    4  birds in Udall's Cove, specifically those portions of  Little  Neck  Bay
    5  within  Nassau  and  Queens  counties lying east of a line running north
    6  from the foot of Douglaston Parkway to the shore opposite.
    7    b. The prohibitions contained in subparagraph 2 of paragraph a [above]
    8  OF THIS SUBDIVISION shall not apply to:
    9    (1) The owner or lessee of the dwelling house, or members of his imme-
   10  diate family actually residing therein, or a person in  his  employ,  or
   11  the  guest  of the owner or lessee of the dwelling house acting with the
   12  consent of said owner or lessee, provided however, that  nothing  herein
   13  shall  be  deemed  to  authorize  such persons to discharge a firearm or
   14  longbow within five hundred feet of any other dwelling house, or a  farm
   15  building or farm structure actually occupied or used, or a school build-
   16  ing or playground or occupied factory or church; OR IN THE TOWNS OF EAST
   17  HAMPTON,  RIVERHEAD,  SHELTER  ISLAND,  SOUTHOLD, AND SOUTHAMPTON IN THE
   18  COUNTY OF SUFFOLK, AND VILLAGES WITHIN SAID TOWNS, WHERE SUCH  TOWN  HAS
   19  ADOPTED  A  LOCAL LAW CONSISTENT WITH SUBPARAGRAPH 2-A OF PARAGRAPH A OF
   20  THIS SUBDIVISION;
   21    (2) Programs conducted by  public  schools  offering  instruction  and
   22  training in the use of firearms or long bow;
   23    (3)  The  authorized  use of a pistol, rifle or target range regularly
   24  operated and maintained by a police department or other law  enforcement
   25  agency or by any duly organized membership corporation;
   26    (4) The discharge of a shotgun over water by a person hunting migrato-
   27  ry  game  birds  if  no dwelling house or public structure, livestock or
   28  person is situated in the line of discharge less than five hundred  feet
   29  from the point of discharge.
   30    S 4. This act shall take effect immediately, and provided further that
   31  this  act  shall  expire  December  31,  2015  when  upon  such date the
   32  provisions of this act and any local laws enacted pursuant to  this  act
   33  shall be deemed repealed.