S T A T E   O F   N E W   Y O R K
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           S. 4419                                                  A. 6428
                              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
       IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
         to the Committee on Environmental Conservation
       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.
   13    Environmentally speaking, the preserved lands and native landscapes of
   14  the East End are being destroyed. Increased browsing  on  deer-preferred
   15  plants  has  changed the type and species of plants that can survive and
   16  withstand the destruction. Rare wildflowers and common native herbaceous
   17  plants have declined. Forested lands show a clear browse line, and  tree
   18  saplings  are  now not surviving. Intense browsing of native species has
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07368-03-3
       S. 4419                             2                            A. 6428
    1  also led to an increase in  invasive  plant  species  which  cause  even
    2  further  destruction  to  natural habitats. The environmental changes in
    3  and degradation of these native habitats displaces wildlife. These long-
    4  term  changes  adversely  impact  the integrity of eastern Long Island's
    5  ecosystems.
    6    This legislation  would  give  local  towns  on  eastern  Long  Island
    7  increased  authority  to  implement  the state and local deer management
    8  plan goal of reducing deer populations by  providing  increased  hunting
    9  opportunities where local conditions allow. Without controlling the deer
   10  population, human health and safety will continue to be put in jeopardy.
   11    S  2.  Subdivision 7 of section 11-0903 of the environmental conserva-
   12  tion law is amended by adding a new paragraph h to read as follows:
   13    H. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION TO THE CONTRARY,
   14  THE TOWNS OF EAST HAMPTON,  RIVERHEAD,  SHELTER  ISLAND,  SOUTHOLD,  AND
   15  SOUTHAMPTON  IN  THE  COUNTY OF SUFFOLK, AND VILLAGES WITHIN SAID TOWNS,
   16  SHALL BE AUTHORIZED TO ENACT LOCAL LAWS TO: (I) PERMIT HUNTING ON SATUR-
   17  DAY AND SUNDAY DURING SUCH SEASON; (II) PERMIT THE USE OF A LONG BOW  TO
   18  TAKE  WILD DEER DURING SUCH SEASON IN AREAS DESIGNATED BY THE DEPARTMENT
   19  AND THE TOWN; AND (III) TO REPEAL THE REQUIREMENT OF  A  SPECIAL  PERMIT
   20  PROVIDED  BY  THE  DEPARTMENT  AND  ISSUED BY THE TOWN CLERK DURING SUCH
   21  SEASON AS PROVIDED FOR BY THIS SUBDIVISION.
   22    S 3. Subdivision 4 of section 11-0931 of the  environmental  conserva-
   23  tion  law,  subparagraph 3 of paragraph a as added by chapter 400 of the
   24  laws of 1973 and subparagraph 4 of paragraph a as added by chapter 67 of
   25  the laws of 1976, is amended to read as follows:
   26    4. a. No person shall:
   27    (1) discharge a firearm or long bow in such a way as  will  result  in
   28  the  load  or  arrow  thereof  passing over a public highway or any part
   29  thereof;
   30    (2) discharge a firearm or long bow within five hundred  feet  from  a
   31  dwelling  house,  farm  building  or farm structure actually occupied or
   32  used, school building, school playground, or occupied factory or church;
   33    (2-A) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH 2 OF PARAGRAPH  A
   34  OF  THIS  SUBDIVISION TO THE CONTRARY, THE TOWNS OF EAST HAMPTON, RIVER-
   35  HEAD, SHELTER  ISLAND,  SOUTHOLD,  AND  SOUTHAMPTON  IN  THE  COUNTY  OF
   36  SUFFOLK,  AND  VILLAGES  WITHIN SAID TOWNS, SHALL BE AUTHORIZED TO ENACT
   37  LOCAL LAWS TO PERMIT A PERSON TO DISCHARGE A LONG BOW A DISTANCE OF  NOT
   38  LESS THAN ONE HUNDRED FIFTY FEET FROM A DWELLING HOUSE, FARM BUILDING OR
   39  FARM  STRUCTURE ACTUALLY OCCUPIED OR USED, SCHOOL BUILDING, SCHOOL PLAY-
   40  GROUND, OR OCCUPIED FACTORY OR CHURCH.
   41    (3) use a firearm or a long bow for  the  hunting  of  migratory  game
   42  birds  in  Larchmont  Harbor, specifically those portions bounded by the
   43  following points of land:
   44    BEGINNING AT A POINT KNOWN AS UMBRELLA POINT  ON  THE  EAST  SHORE  OF
   45  LARCHMONT  HARBOR  THEN  PROCEEDING  IN  A  NORTHERLY DIRECTION TO CEDAR
   46  ISLAND; THENCE NORTHWESTERLY TO MONROE INLET;  THENCE  NORTHEASTERLY  TO
   47  DELANCY  COVE BEING IN THE TOWN OF MAMARONECK; THENCE IN A SOUTHWESTERLY
   48  DIRECTION FROM DELANCY COVE TO GREACEN POINT; THENCE  RUNNING  THE  AREA
   49  BETWEEN  DELANCY COVE AND THE WEST SHORE OF SATANS TOE NORTHEAST; THENCE
   50  SOUTHEAST THEN ALONG THE WEST SHORE OF SATANS  TOE  SOUTHWEST  AND  THEN
   51  SOUTH TO THE SOUTHERLY POINT OF SATANS TOE TO EDGEWATER POINT.
   52    (4)  Use  of a firearm or a long bow for the hunting of migratory game
   53  birds in Udall's Cove, specifically those portions of  Little  Neck  Bay
   54  within  Nassau  and  Queens  counties lying east of a line running north
   55  from the foot of Douglaston Parkway to the shore opposite.
       S. 4419                             3                            A. 6428
    1    b. The prohibitions contained in subparagraph 2 of paragraph a [above]
    2  OF THIS SUBDIVISION shall not apply to:
    3    (1) The owner or lessee of the dwelling house, or members of his imme-
    4  diate  family  actually  residing therein, or a person in his employ, or
    5  the guest of the owner or lessee of the dwelling house acting  with  the
    6  consent  of  said owner or lessee, provided however, that nothing herein
    7  shall be deemed to authorize such persons  to  discharge  a  firearm  or
    8  longbow  within five hundred feet of any other dwelling house, or a farm
    9  building or farm structure actually occupied or used, or a school build-
   10  ing or playground or occupied factory or church; OR IN THE TOWNS OF EAST
   11  HAMPTON, RIVERHEAD, SHELTER ISLAND, SOUTHOLD,  AND  SOUTHAMPTON  IN  THE
   12  COUNTY  OF  SUFFOLK, AND VILLAGES WITHIN SAID TOWNS, WHERE SUCH TOWN HAS
   13  ADOPTED A LOCAL LAW CONSISTENT WITH SUBPARAGRAPH 2-A OF PARAGRAPH  A  OF
   14  THIS SUBDIVISION;
   15    (2)  Programs  conducted  by  public  schools offering instruction and
   16  training in the use of firearms or long bow;
   17    (3) The authorized use of a pistol, rifle or  target  range  regularly
   18  operated  and maintained by a police department or other law enforcement
   19  agency or by any duly organized membership corporation;
   20    (4) The discharge of a shotgun over water by a person hunting migrato-
   21  ry game birds if no dwelling house or  public  structure,  livestock  or
   22  person  is situated in the line of discharge less than five hundred feet
   23  from the point of discharge.
   24    S 4. This act shall take effect immediately, and provided further that
   25  this act shall  expire  December  31,  2014  when  upon  such  date  the
   26  provisions  of  this act and any local laws enacted pursuant to this act
   27  shall be deemed repealed.