PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of sections 1.11 and 1.24 of Title 6 NYCRR.
Statutory authority:
Environmental Conservation Law, sections 11-0303, 11-0903, 11-0907, 11-0911 and 11-0913
Subject:
Deer hunting in Suffolk County.
Purpose:
Expand and simplify deer hunting seasons and regulations in Suffolk County.
Text of proposed rule:
Amend existing paragraph 6 NYCRR 1.11 (a) (3) and adopt a new paragraph (4) to read as follows:
(3) Westchester County [and Suffolk County].
Season
Season Dates
Regular
October 1 through December 31
(4) Suffolk County.
Season
Season Dates
Regular
October 1 through January 31
Repeal existing section 6 NYCRR 1.24 and adopt a new section 1.24 to read as follows:
§ 1.24 Special Firearms Deer Season in Suffolk County.
(a) Season Dates: The first Sunday in January through January 31.
(b) Hunting Hours: Sunrise to sunset.
(c) Legal Implements: During the special firearms season, deer may be taken only by: shotgun, using a single ball or slug; or muzzleloading rifle or pistol, shooting a single projectile, having a minimum bore of 0.44 inches. Shotgun barrels may be rifled, and telescopic sights may be used.
(d) Valid Tags: Regular Season Deer tag, Deer Management Permit (DMP) and Bonus DMPs for Unit 1C, Bow/Mz either-sex tag, and Bow/Mz antlerless-only tag. Deer of either sex may be taken with Regular season tag.
(e) Town Permit: No person shall hunt deer with a shotgun or muzzleloader during the special firearms season in Suffolk County unless such person possesses a special town hunting permit; provided, however, that a hunter is not required to possess a town hunting permit in any town which by local law has waived the requirement for the special permit in accordance with the requirements of Environmental Conservation Law § 11-0903. Special town hunting permits shall be issued as follows:
(1) Permits, furnished by the Department of Environmental Conservation, shall be issued by the town clerks or their designees for their respective towns only and only until the quota for each town is exhausted. The annual quotas are as follows:
Babylon
200
Brookhaven
5,000
East Hampton
3,000
Huntington
500
Islip
200
Riverhead
3,000
Shelter Island
1,000
Smithtown
1,000
Southampton
2,500
Southold
1,000
(2) In order to obtain a town permit, a hunter must complete the Application for a Town Permit and present it to the town clerk or his or her designee, along with a completed Landowner's Endorsement form and a valid hunting license, complete with big game carcass tags.
(3) A town permit may be issued only to a holder of a properly completed permit application. Each permit authorizes the holder to hunt deer only in the town specified on it, and only on the property for which the permit holder has a properly completed and endorsed Landowner's Endorsement form. Permits are not transferable.
(f) Landowner's Endorsement: The Landowner's Endorsement constitutes the landowner's or lessee’s written consent for a person to hunt on his or her lands with a shotgun or muzzleloader in accordance with the conditions of the special firearms season. The Landowner's Endorsement form must be signed by a person who owns or leases ten or more acres of land in the town where application is to be made, certifying that such owner or lessee gives consent to the applicant to hunt deer with a shotgun or muzzleloader on the owner’s or lessee’s premises in accordance with the conditions of the special season.
(g) Town permit applications and Landowner’s Endorsement forms may be obtained from the New York State Department of Environmental Conservation, Region 1 Bureau of Wildlife Office in Stony Brook or the Department’s website, and may be available at Department-approved outlets.
(h) While hunting during the special season, an individual must carry his or her hunting license and big game tag. If hunting with a shotgun or muzzleloader, the individual must also carry a valid Town Permit and signed Landowner’s Endorsement, unless the town has waived the special permit requirement.. Successful hunters must follow all deer reporting, tagging, and check station procedures, as specified in Environmental Conservation Law § 11-0911 or as otherwise directed by the Department.
(i) Any holder of a special town hunting permit who the Department has reason to believe has violated any provisions of the Environmental Conservation Law, or of regulations promulgated thereunder, while hunting pursuant to such permit, shall surrender the permit to the Department, and upon conviction or settlement for such violation such permit may be revoked. Any permit obtained by fraud, or by a person not entitled to be issued it or who makes a false statement in applying for it, shall be void. No special town hunting permit shall be replaced if it is lost, stolen, or destroyed.
Text of proposed rule and any required statements and analyses may be obtained from:
Vicky Wagenbaugh, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4754, (518) 402-8883, email: vicky.wagenbaugh@dec.ny.gov
Data, views or arguments may be submitted to:
Bryan L. Swift, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4754, (518) 402-8883, email: dec.sm.WildlifeRegs@dec.ny.gov
Public comment will be received until:
45 days after publication of this notice.
This rule was not under consideration at the time this agency submitted its Regulatory Agenda for publication in the Register.
Regulatory Impact Statement
1. Statutory authority:
Section 11-0303 of the Environmental Conservation Law (ECL) directs the Department of Environmental Conservation (Department) to develop and carry out programs that will maintain desirable species in ecological balance, and to observe sound management practices. This directive is to be met with regard to ecological factors, the compatibility of production and harvest of wildlife with other land uses, the importance of wildlife for recreational purposes, public safety, and protection of private premises. Sections 11-0903, 11-0907, and 11-0911 govern and provide the Department’s regulatory authority to set open seasons, open areas, bag limits, manner of taking (including legal implements), possession, transportation and disposition of white-tailed deer. ECL Section 11-0903(7) provides the Department with express authority to adopt regulations to set open seasons and conditions for taking deer in Suffolk County, subject to certain specified restrictions.
2. Legislative objectives:
The legislative objectives of the statutory provisions listed above are to establish, or authorize the department to establish by regulation certain basic wildlife management tools, including the setting of open areas, seasons, bag limits, and restrictions on methods of take and possession, for deer. These tools are used by the Department to maintain deer populations in ecological balance, while observing sound management practices. Section 11-0903(7) was amended in August 2014 by Chapter 266 of the Laws of 2014 for the purpose of expanding and simplifying deer hunting seasons and regulations in Suffolk County to help control deer populations on eastern Long Island. These proposed regulations would expand hunting opportunities in accord with the statutory changes enacted in Chapter 266 in an effort to increase hunter harvest of deer and control increasing deer populations in Suffolk County.
3. Needs and benefits:
The purpose of this rule making is to amend the regulations pertaining to deer hunting seasons in Suffolk County. The proposed changes would expand and simplify deer hunting seasons and regulations for Suffolk County in accordance with the recent amendments to ECL Section 11-0903(7) and consistent with the Department’s recently adopted “Management Plan for White-tailed Deer in New York State, 2012-2016”. Chapter 266 authorized the Department to allow hunting on Saturdays and Sundays during the special January firearms season and permit bowhunting during January. It also authorized towns in Suffolk County to waive the requirement for special town hunting permits if they so desired. The proposed regulations are necessary to implement these provisions in time for the January 2015 hunting season.
Specifically, the proposed regulations would amend Sections 1.11 and 1.24 of 6 NYCRR Part 1 to:
1. extend the regular (bowhunting) season for deer in Suffolk County through January 31 (the season currently closes on December 31);
2. expand the special firearms season for deer in Suffolk County to run from the first Sunday in January through January 31 including weekends (the season currently is open weekdays only, from the Monday after the first Saturday in January through the last weekday in January);
3. clarify the landowner permission and town permit requirements (including that a town can waive the permit requirements) and legal implements for the special firearms season; and
4. increase permit quotas for each town to reflect current deer management needs.
These changes are necessary as one way to increase hunter harvest of deer in Suffolk County, where local landowners and municipal officials are desperately seeking ways to reduce the impacts of overabundant white-tailed deer. As stated in the justification for the legislation amending ECL Section 11-0903, “[t]he recent population explosion of white-tailed deer (Odocoileus virginianus) on Eastern Long Island threatens public health, public safety, personal property, and the environment. Local municipal deer management plans describe the uncontrolled increase in population as an emergency, crisis situation, requiring immediate action.”
In addition to the benefits of reducing the local deer population, the proposed regulation changes would simplify the administrative requirements for hunters, the Department and town governments in any towns that waive the permit requirement to hunt deer in Suffolk County during January.
4. Costs:
Adoption of these regulations would reduce administrative costs for local governments (towns) that opt to waive the hunting permit requirement. It would also reduce some administrative costs to the Department, which must provide permit application and landowner endorsement forms and related information in support of the Town permit system. However, the Department would incur some additional staff costs to manage hunting activities on State-owned properties on weekends during January, when our hunter check station would normally be closed. The benefits of additional deer hunting opportunity throughout Suffolk County, including on State lands, would outweigh these additional costs to the Department.
5. Local government mandates:
These proposed amendments would reduce a local government mandate for any town that chooses to waive the requirement for hunters to obtain a special Town hunting requirement to take deer during the special season.
6. Paperwork:
The proposed amendments would reduce paperwork for any town that chooses to waive the requirement for hunters to obtain a special Town hunting requirement to take deer during the special season.
7. Duplication:
None.
8. Alternatives:
The Department considered allowing the use of longbows in January only as a legal implement for the special “firearms” season, instead of extending the regular bowhunting season through that period. However, that would have imposed all of the requirements for hunting with firearms in January (limited to properties of 10 acres or more with written landowner permission and a Town hunting permit, unless the town has waived the permit requirement) that do not apply to the regular bowhunting season in Suffolk County, which currently runs from October 1 through December 31. By extending the regular bowhunting season through January 31, the requirements for bowhunters would be consistent and continuous from October 1 through January 31. If longbows were only allowed as a legal implement for the special season, there would also be a period of up to 6 days in early January when bowhunting would not be allowed, since the special season begins on the first Sunday in January.
9. Federal standards:
There are no Federal government standards associated with the management of white-tailed deer in New York State.
10. Compliance schedule:
Hunters would be able to comply with the new regulations immediately beginning on January 1, 2015.
Regulatory Flexibility Analysis
The purpose of this rule making is to amend the Department of Environmental Conservation’s (Department) regulations pertaining to deer hunting seasons in Suffolk County. The proposed changes would expand and simplify deer hunting seasons and regulations in Suffolk County in accordance with recent legislative amendments to Environmental Conservation Law (ECL) Section 11-0903 and consistent with the Department’s “Management Plan for White-tailed Deer in New York State, 2012-2016”. Specifically, the Department proposes to: 1) extend the regular (bowhunting) season for deer in Suffolk County through January 31 (the season currently closes on December 31); 2) expand the special firearms season for deer in Suffolk County to run from the first Sunday in January through January 31 including weekends (the season currently is open weekdays only, from the Monday after the first Saturday in January through the last weekday in January); 3) clarify the landowner permission and Town permit requirements (including that a town can waive the permit requirements) and legal implements for the special firearms season; and 4) increase permit quotas for each town to reflect current deer management needs.
The Department has made revisions to its deer hunting regulations on many occasions in the past. Based on the Department’s experience in promulgating those revisions and the familiarity of the Department’s regional personnel with the affected areas, the Department has determined that this rule making would not have an adverse economic effect on small businesses or local governments.
Few, if any, small businesses directly participate in deer hunting activities. Such a business (e.g., professional hunting guides) would not suffer any adverse impact as a result of this proposed rule making because it would increase the number of days that are open to deer hunting in Suffolk County and could increase the number of participants or the frequency of participation in deer hunting activities.
Town governments in Suffolk County are currently required to issue permits to authorize hunters to take deer during the special firearms hunting season in January. Legislation enacted in August 2014 (Chapter 266) amended ECL Section 11-0903(7) to allow towns to waive the permit requirement to relieve an administrative burden on the town clerks and participating hunters. The proposed regulations include this waiver provision, to minimize the permit-issuing, record-keeping, and compliance requirements associated with deer hunting in Suffolk County to the extent allowed by law.
In summary, this rule making will not impose any reporting, record-keeping, or other compliance requirements on small businesses or local governments. Therefore, the Department has determined that a Regulatory Flexibility Analysis for Small Businesses and Local Governments is not required.
Rural Area Flexibility Analysis
Executive Law Section 481.7 defines “rural areas” as any counties within the state having a population of less than 200,000, and the municipalities, individuals, institutions, communities, programs, and such other entities or resources as are found therein. In counties with a population of 200,000 or greater, “rural areas” means towns with population densities of 150 persons or less per square mile, and the villages, individuals, institutions, communities, programs, and such other entities or resources as are found therein. The proposed rulemaking would apply only to Suffolk County, and the municipalities therein, none of which are defined as a “rural area” pursuant to this law. Therefore, the proposed rule would have no impact on any rural area in New York State.
Job Impact Statement
The purpose of this rule making is to amend the Department of Environmental Conservation’s (Department) regulations pertaining to deer hunting seasons in Suffolk County. The proposed changes would expand and simplify deer hunting seasons and regulations in Suffolk County in accordance with recent legislative amendments to Environmental Conservation Law (ECL) Section 11-0903 and consistent with the Department’s “Management Plan for White-tailed Deer in New York State, 2012-2016”. Specifically, the Department proposes to: 1) extend the regular (bowhunting) season for deer in Suffolk County through January 31 (the season currently closes on December 31); 2) expand the special firearms season for deer in Suffolk County to run from the first Sunday in January through January 31 including weekends (the season currently is open weekdays only, from the Monday after the first Saturday in January through the last weekday in January); 3) clarify the landowner permission and Town permit requirements (including that a town can waive the permit requirements) and legal implements for the special firearms season; and 4) increase permit quotas for each town to reflect current deer management needs.
Few, if any, persons actually hunt as a means of employment. Such a person, for whom hunting is an income source (e.g., professional guides), would not suffer any substantial adverse impact as a result of this proposed rule making because it would increase the number of days that are open to deer hunting in Suffolk County and could increase the number of participants or the frequency of participation in deer hunting activities. For this reason, the Department anticipates that this rule making would have no impact on jobs or employment opportunities.
Therefore, the Department has concluded that a job impact statement is not required.
