A 5407: Authorizes the department of environmental conservation to issue special airport air strike hazard permits when the department finds that wildlife has become a nuisance, destructive to public or private property or a threat to public health or welfare.

  
  STATE OF NEW YORK ________________________________________________________________________ 5407 2025-2026 Regular Sessions  IN ASSEMBLY February 13, 2025 ___________ Introduced by M. of A. LUPARDO, JONES, WEPRIN, SEAWRIGHT, BENDETT -- Multi-Sponsored by -- M. of A. DAVILA -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to authorizing the issuance of special airport air strike hazard permits The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The environmental conservation law is amended by adding a 2 new section 11-0521-a to read as follows: 3 § 11-0521-a. Special airport air strike hazard permits. 4 1. For the purposes of this section: 5 a. "Airport" shall mean an airport as defined in subdivision five of 6 section two hundred forty of the general business law. 7 b. "Airport wildlife hazard specialist" shall mean an employee of or a 8 contractor for the federal or state government responsible for wildlife 9 management at an airport, or an employee of an airport when acting 10 consistent with an airport wildlife management plan and special airport 11 air strike hazard permit. 12 c. "Wildlife" shall mean species permitted to be taken pursuant to a 13 permit issued by the United States fish and wildlife service and the 14 department. 15 2. Airport wildlife hazard specialists shall be in compliance with 16 criteria established by the department that at a minimum shall require: 17 a. a minimum level of marksmanship qualifications appropriate to the 18 firearm or implement to be used; 19 b. liability insurance coverage or other financial arrangements iden- 20 tified by the department; 21 c. a copy of the special airport air strike hazard permit be on the 22 airport wildlife hazard specialist's person when exercising any privi- 23 lege of such permit; and 24 d. reporting requirements. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07210-01-5 
 A. 5407 2 1 3. In addition to other permitted wildlife management activities, the 2 department may, after reviewing the airport's permit application and 3 airport wildlife management plan, and upon a finding by the airport that 4 wildlife has become a nuisance, destructive to public or private proper- 5 ty or a threat to public health or welfare, issue to the airport a 6 special airport air strike hazard permit for use on a special airport 7 and within the boundaries of the affected area surrounding the airport 8 as determined by the federal aviation administration, authorizing use of 9 airport wildlife hazard specialists to take wildlife pursuant to the 10 terms of the special airport air strike hazard permit notwithstanding 11 subdivisions three and eight of section 11-0505 of this title, subdivi- 12 sions one and two of section 11-0901 of this article, and subdivisions 13 one, two, four and five of section 11-0931 of this article. 14 4. Each special airport air strike hazard permit application shall at 15 a minimum include requirements for: the timeframe during which the 16 permit is to be valid, an airport wildlife management plan, a geographic 17 description of the area for which the permit is being requested, a writ- 18 ten contract with the airport if applicable, a list which identifies 19 participating airport wildlife hazard specialists and the airport's 20 requests for departmental approval of any authorization pursuant to 21 subdivision three of this section, provided that any such authorization 22 subsequently granted shall be explicitly included on any special airport 23 air strike hazard permit, and details regarding expected local law 24 enforcement consultation. 25 5. Nothing in this section shall be construed as requiring or obligat- 26 ing the department to issue a permit to take wildlife or direct the 27 taking of any wildlife when in its opinion, the nuisance, destruction of 28 property or threat to public health and welfare will not be effectively 29 abated thereby. 30 § 2. This act shall take effect on the one hundred eightieth day after 31 it shall have become a law.