PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of sections 6.1, 6.2 and 6.3 of Title 6 NYCRR.
Statutory authority:
Environmental Conservation Law, sections 11-1101, 11-1103 and 11-1105
Subject:
Trapping regulations.
Purpose:
To set trapping seasons for beaver, river otter, mink, and muskrat; and to improve general trapping regulations.
Text or summary was published
in the August 19, 2009 issue of the Register, I.D. No. ENV-33-09-00004-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Gordon R. Batcheller, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4754, (518) 402-8885, email: grbatche@gw.dec.state.ny.us
Additional matter required by statute:
A programmatic environmental impact statement is on file with the Department of Environmental Conservation.
Assessment of Public Comment
The department received comments on the proposal. A summary of these comments and the department's response follow:
Comment: The beaver and muskrat trapping season in wildlife management units 8H, 8J, 8M, 8N, 8P, and 8R should be March 1st to April 15th instead of November 25th to February 15th. This will minimize conflicts with deer and waterfowl hunters, and allow the taking of beaver in prime condition. It would also allow "open water" trapping instead of trapping under ice conditions.
Response: The department rarely receives complaints of conflicts between hunters and trappers based on the chronology of hunting and trapping seasons. Trappers and hunters are often afield at the same time without conflict. One of the principle reasons for the earlier trapping season date for beaver in these locations is to assure that problem beaver may be used for their fur values, rather than being discarded when trapped under a nuisance permit.
Comment: Several comments strongly supporting the department's proposals were received.
Response: The department appreciates the support for the proposal. Prior to formal rule making, the department met with many trappers and leaders of the statewide trapping organization to make sure we understood the views and attitudes of trappers on season dates and other regulatory reforms.
Comment: The muskrat trapping season in the western part of the State should start November 1st and end in early March to take advantage of open water trapping conditions.
Response: The proposed season date for the opening of muskrat trapping (November 25th) retains some open water trapping and represents the majority of input received during meetings held with trappers.
Comment: I do not support the change to the regulation on setting body-gripping traps on land. It will prevent trappers from setting traps on trees for mink and fisher.
Response: The proposed regulation will not impact the setting of body-gripping traps on trees for catching mink or fisher. It simply allows the setting of small "110" sized traps, with or without bait, at ground level and below four feet, an inadvertent omission in the original regulation that is being corrected by the department's proposal.
Comment: The trapping seasons for beaver, mink, and muskrat should be the same to allow trappers setting traps for beaver to keep mink and muskrat.
Response: While the department agrees that concurrent trapping seasons are desirable, there are circumstances when management concerns necessitate the separation of seasons. For example, in some cases beaver seasons should be shorter than seasons for mink and muskrat to make sure beaver are not overharvested in a specific wildlife management unit.
Comment: The trapping seasons should always open on a weekend, rather than on a "fixed" calendar date. This will enable young trappers to set traps for an entire weekend.
Response: The department appreciates interest in recruiting youths. With regard to opening dates, the department has previously led outreach efforts to determine preferences for fixed opening dates versus a calendar formula. Land seasons currently open on a fixed date and therefore, the change to a fixed date for water trapping is consistent with current regulations. The department believes that trappers (including young trappers) will have an easier time planning for the annual trapping season by using fixed calendar dates, rather than variable dates that always open on a weekend. The department agrees that recruiting young trappers is very important and the new youth mentoring program provides a new opportunity for youth participation and the department will continue to aggressively promote this program.
Comment: The restrictions on the use of body-gripping traps when set in water should be eliminated. Instead, trappers should be given educational materials to learn how to avoid catching river otter in beaver traps.
Response: The department has determined that reliance on a voluntary approach is ineffective in preventing river otter from being caught in traps set for beaver. For this reason, beaver trappers are required to modify their traps to avoid the accidental capture of a river otter.
Comment: The mink and muskrat trapping season should open on November 10th throughout the Southern Zone, instead of November 25th in central and western New York.
Response: There has been little demand for these trapping season dates from trappers who have previously contacted the department. The department will continue to meet with trappers from this area to monitor their preferences for future trapping season dates.
Comment: The beaver trapping season should open the day after the close of the regular deer firearms season. This would reduce the risk of a trapper being the victim in a hunting incident related to deer hunting.
Response: The department has not received a significant number of complaints about conflicts between hunters and trappers during the regular firearms deer season. Many trappers enjoy trapping and deer hunting at the same time, and the department does not see a need to shorten the trapping season to avoid the deer season.
Comment: A 48 hour trap check interval should be in place throughout New York for trapping in water.
Response: The department agrees that a 48 hour trap check interval for traps set in water is appropriate. However, the department only has the legal authority to establish a longer trap check interval in the Northern Zone. A change in law would be needed to extend the trap check interval in the Southern Zone.
Comment: The beaver, mink, and muskrat trapping season should open on November 1st when there are easier, open water trapping conditions.
Response: A central reason for the proposed season dates is to take advantage of open water trapping conditions. All of the proposed trapping season dates attempt to provide a balance between open water trapping and the primeness of furbearer pelts.
Comment: There should be a common opening date for all species trapped in water. The season should open early in November.
Response: New York is a large, diverse State with great variation in environmental conditions. The proposed trapping season dates attempt to recognize this variation while also taking into account the preferences expressed by trappers to department personnel.
Comment: The beaver season should extend into late April instead of ending in winter, especially in the Northern Zone.
Response: The department's proposal includes a closing date of April 7th in the Northern Zone and central and eastern New York. The proposed season dates provide for open water trapping opportunity both at the start of the season as well as at the end, and this season structure is expected to satisfy a large majority of trappers in these areas based on comments received by department personnel.
Comment: The current beaver trapping season dates in wildlife management unit 4S should remain unchanged. The proposed opening date (November 10th) is too early and the proposed closing date (April 7th) is too late. The beaver and otter season should run concurrently.
Response: The department's proposal seeks to provide additional trapping opportunity in this wildlife management unit in response to opinions expressed by trappers. The department has proposed a shorter river otter trapping season in this unit to protect river otter from the potential for overharvest.
The department has carefully considered the comments received on this proposal and has concluded that the original proposal remains appropriate. The department will continue to carefully monitor trapper opinions about season dates and chronology, and will consider future adjustments to trapping season when warranted by both biological considerations and trapper preferences.
