PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of sections 6.2 and 6.3 of Title 6 NYCRR.
Statutory authority:
Environmental Conservation Law, sections 11-0303, 11-1101 and 11-1103
Subject:
Trapping.
Purpose:
To update and improve trapping regulations.
Text of proposed rule:
Title 6 of NYCRR, section 6.2, entitled “Mink, muskrat, raccoon, opossum, weasel, red fox, gray fox, skunk, coyote, fisher, bobcat and pine marten trapping seasons and bag limits,” is amended as follows:
Repeal existing paragraph 6.2(a)(2) and adopt new paragraph 6.2(a)(2) to read as follows:
(2) Raccoon, red fox, gray fox, skunk, coyote, opossum and weasel.
“Open season”
“Wildlife management units”
November 1st to February 25th, except closed for coyote
5A, 5C, 5F, 5G, 5H, 5J, 6A, 6C, 6F, 6G, 6H, 6J, 6K and 6N. Only restraining traps as defined in subdivision (i) of section 6.3 of this part may be used.
October 25th to February 15th
All other WMUs
Repeal existing paragraph 6.2(a)(5) and adopt new paragraph 6.2(a)(5) to read as follows:
(5) Pine marten.
“Open season”
“Wildlife management units”
October 25th to December 10th
5C, 5F, 5G, 5H, 5J, 6F and 6J
Closed
All other WMUs
Title 6 of NYCRR, section 6.3, entitled “General regulations for trapping beaver, otter, mink, muskrat, raccoon, opossum, weasel, red fox, gray fox, skunk, coyote, fisher, bobcat and pine marten,” is amended as follows:
Repeal existing paragraph 6.3(a)(4) and adopt new paragraph 6.3(a)(4) as follows:
(4) Trap check.
(i) Traps set for taking wildlife in the Southern Zone, as defined in Environmental Conservation Law section 11-0103, must be visited once in each 24 hours.
(ii) Traps set for taking wildlife in the Northern Zone, as defined in Environmental Conservation Law section 11-0103, must be visited as follows:
“Trap check interval”
“Wildlife management units”
Visited once in each 48 hour period
5C, 5F, 5G, 5H, 5J, 6F, 6J and 6N
Visited once in each 48 hour period
5A, 6A, 6C, 6G, 6H and 6K for traps set in water during the open season for beaver, otter, mink and muskrat.
Visited once in each 48 hour period
5A, 6A, 6C, 6G, 6H and 6K for body-gripping traps set on land.
Visited once in each 24 hour period
5A, 6A, 6C, 6G, 6H and 6K for restraining traps as defined in subdivision (i) of section 6.3 of this part.
Repeal existing paragraph 6.3(a)(7) and adopt new paragraph 6.3(a)(7) as follows:
(7) It is unlawful for any person to disturb a beaver den or house (an aggregate of sticks and mud, either free-standing in water or connected to a bank) at any time. This restriction does not apply to holes in a bank without a den or house. It is unlawful for any person to trap on a beaver dam or within 15 feet thereof, measured at ice or water level, except under the following conditions:
(i) During an open otter season.
(ii) During a closed otter season when using one of the following traps:
("a") body-gripping trap that measures less than 5.5 inches;
("b") foot encapsulating trap, as defined in subdivision (i) of section 6.3 of this part;
("c") leg-gripping trap (or "foothold trap") that measures 4.75 inches or less;
("d") cage or box trap, as defined in subdivision (i) of section 6.3 of this part.
Amend existing paragraph 6.3(a)(10) as follows:
(10) No person shall [disturb] set or place a trap of any kind on or within a muskrat house, den or other structure constructed by a muskrat in which it can take shelter. The boundary of the house, den or other structure shall be considered the edge of the water or ice.
Repeal existing paragraph 6.3(a)(11).
Existing paragraphs 6.3(a)(12) through (16) are renumbered as 6.3(a)(11) through (15), respectively.
A new paragraph 6.3(a)(16) is added to read as follows:
(16) “Use of carcasses.” Any carcass, as defined in subdivision (i) of section 6.3 of this part, used as bait and placed or used in conjunction with a leg-gripping trap (“foothold trap”) shall be completely covered at the time the trap is set or visited. Coverings shall include but not be limited to brush; branches; leaves; soil; snow; water; or enclosures constructed of wood, metal, wire, plastic or natural materials; and must completely cover the carcass so that it is not visible from directly above. The trapper shall ensure that any carcass used as bait is covered at all times.
Repeal existing subdivision 6.3(b) and adopt new subdivision 6.3(b) to read as follows:
(b) "Pine marten permit."
(1) No person shall trap pine marten unless he or she possesses a revocable pine marten permit.
(2) An application for a pine marten permit may be obtained from the department's Ray Brook or Warrensburg offices, or from the department's web site.
(3) The holder of a pine marten permit must comply with all conditions stated on that permit.
(4) Only furbearer possession tags stamped with the word "marten" may be used to tag pine marten in accordance with the procedure provided for in subdivision (c) of this section.
Repeal existing subdivision 6.3(e) and adopt new subdivision 6.3(e) to read as follows:
(e) "Possession of dead animals or their parts."
(1) The carcasses, flesh, head, hide, feet, fur or parts thereof of fox, mink, muskrat, opossum, raccoon, skunk and weasel legally taken may be possessed, transported and bought and sold without restriction.
(2) A licensed trapper or small game hunter may possess small game, as defined in Environmental Conservation Law section 11-0103, found dead on a public highway during an open season for each respective small game animal. The tagging and sealing requirements described in subdivision 6.3(c) of this section are applicable.
Adopt new subdivision 6.3(i) to read as follows:
(i) "Definitions." For the purposes of implementing Title 11 of Article 11 of the Fish and Wildlife Law, and part 6 of this subchapter, these terms have the following meanings:
(1) Public highway. The traveled portion of a public highway. Culverts, drainage ditches, and the area under bridges are not considered the traveled portion of a public highway.
(2) Carcass. The dead body, organs or viscera of an animal, including fish. Feathers, bones, and hair that include no attached meat, organs or viscera are excluded from this definition.
(3) Suspension. This term applies to animals fully suspended in the air by means of the trap anchoring system (typically a chain, cable or wire). It does not apply to traps set in water or to traps that are directly and firmly attached to an elevated structure, such as a tree.
(4) Restraining trap. A device used to capture and restrain a mammal. These traps include leg-gripping traps ("foothold traps"), foot encapsulating traps, and cage or box traps.
(5) Foot encapsulating trap. A trap with the following mechanical attributes: The triggering and restraining mechanisms are enclosed within a housing; the triggering and restraining mechanisms are only accessible through a single opening when set; the opening does not exceed 2 inches in diameter; and the trap has a swivel mounted anchoring system.
(6) Cage or box trap. A type of restraining trap that fully encloses a captured animal within wood, wire, plastic, or metal.
Text of proposed 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: wildliferegs@gw.dec.state.ny.us
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Additional matter required by statute:
A programmatic environmental impact statement is on file with the Department of Environmental Conservation.
Summary of Regulatory Impact Statement
1. Statutory authority:
Section 11-0303 Environmental Conservation Law (ECL) addresses the general purposes and policies of the Department of Environmental Conservation (department) in managing fish and wildlife resources. Sections 11-1101 and 11-1103 of the ECL authorize the department to regulate the taking, possession and disposition of beaver, fisher, otter, bobcat, coyote, fox, raccoon, opossum, weasel, skunk, muskrat, pine marten and mink ("furbearers").
2. Legislative objectives:
The legislative objective behind the statutory provisions listed above is to authorize the department to establish the methods by which furbearers may be taken by trapping.
3. Needs and benefits:
The department proposes new regulations to improve the trapping and management of furbearers in New York State. Each element of the proposal is explained below:
Regulate the use of carcasses used as bait
The department proposes to regulate the use of carcasses used as bait to attract furbearing animals to foothold traps. Trappers using foothold traps would be required to cover a carcass so that birds of prey could not see the carcass from directly above.
Birds of prey may be attracted to carcasses that are used to bring furbearing animals close to traps set on the ground. This raises the chances that an owl, hawk, or eagle may be accidentally caught in traps. The use of carcasses to attract furbearing animals is a common practice, especially to lure coyotes, bobcat, fisher, or marten to areas where foothold traps are used. This proposal does not prohibit this practice, but simply requires trappers to fully cover the carcass so that it is not visible from directly above to birds of prey. In practice, this means that the carcass would need to be covered with branches, leaves, snow, water, other natural materials, or human-constructed containers. The trapper would be required to ensure that any carcass used as bait is covered at all times. Because birds of prey rely primarily on their sense of vision, while furbearers rely heavily on locating food by scent, the proposed requirement to cover carcasses is expected to be effective at preventing incidental captures of birds of prey while having minimal impacts on the success of efforts to trap legal furbearers.
Reform trap check regulation in the Northern Zone for land sets
The department proposes to establish a uniform 48 hour trap check requirement for body-gripping traps set on land in the entire Northern Zone (these traps work by killing an animal, typically within 3-5 minutes). Already, the trap check requirement is 48 hours in much of the Adirondacks and Tug Hill region. This proposal would extend the 48 hour trap check requirement to an additional six wildlife management units (WMUs) primarily in Region 6, but for body-gripping traps only.
The ECL requires a 24 hour trap check in all areas of the Southern Zone. In the Northern Zone, a 48 hour trap check is allowed but the department has regulatory authority to also establish a shorter trap check in all or parts of the Northern Zone. Currently, a 48 hour trap check is allowed for traps set in water throughout the Northern Zone. For traps set on land, a 48 hour trap check is allowed in 8 WMUs (this was done primarily in recognition of the remote nature of trapping in the central Adirondacks). This proposal extends the 48 trap check requirement to an additional 6 WMUs, primarily in Region 6 (and also a part of Clinton County), but only for body-gripping traps. By design, body-gripping traps are designed to catch and kill an animal quickly, typically within 3-5 minutes. Therefore, from an animal welfare perspective there is no difference whether these traps are checked at a 24 hour or 48 hour interval. Allowing the longer interval will accommodate trappers who run long "trap lines" and enable them to save fuel and time when checking their traps.
Reform regulation on trapping near a beaver dam during a closed otter season (statewide)
The department proposes to allow the use of select traps on or near beaver dams during a closed otter season on a statewide basis. The current regulations prohibit the placement of any traps on or within 15 feet of a beaver dam, regardless of the species being sought, during a closed trapping season for otter. This regulation was enacted to afford protection to otter from being caught incidentally in traps set for other species, primarily beaver. Specifically, the department proposes to allow the use of the following traps on or within 15 feet of a beaver dam during a closed otter season: body-gripping traps that measure less than 5.5 inches; foot encapsulating traps with an opening that measures 2 inches or less; foothold traps that measure 4.75 inches or less; and cage or box traps.
The department has found that the majority of incidentally trapped otter are captured in traps that are commonly set for beaver. The new regulation will maintain the prohibition on the use of "beaver-sized" traps on or within 15 feet of beaver dams, thereby maintaining protection for otter. The proposal would maintain the protection of otter while providing a liberalization that would benefit trappers seeking other species including muskrat, mink, raccoon, and fox.
Extend land trapping in the Northern Zone
The department proposes to allow Northern Zone trappers to trap for all land species (e.g., foxes, coyotes, raccoon) except bobcat, fisher, and American marten until February 15th (the season currently closes on December 10th). Trappers would be required to use only live-holding devices (e.g., foothold traps, cage or box traps) during the extended trapping period to protect bobcat, fisher, and marten.
Currently, land trapping seasons in much of the Northern Zone allow for the taking of bobcat, fisher, and marten from October 25th through December 10th. During this period trappers may also harvest other furbearers, including raccoon, red fox, gray fox, skunk, coyote, opossum, and weasel. Trappers may continue to harvest these other furbearers in WMUs 6A, 6C, 6G, 6H, and 6K through February 15th. The department proposes to extend land trapping seasons for these furbearers (excluding bobcat, fisher, and marten) in those WMUs where the season currently closes on December 10th. This extension would allow for the trapping of raccoon, red fox, gray fox, skunk, coyote, opossum, and weasel in WMUs 5A, 5C, 5F, 5G, 5H, 5J, 6F, 6J, and 6N from October 25th through February 15th resulting in a consistent season for these furbearers within the entire Northern Zone. During the lengthened trapping season in these WMUs, body-gripping traps would not be allowed to further protect fisher and pine marten.
Expand marten trapping to new WMUs
The department proposes to open four new WMUs to marten trapping (currently three WMUs are open to marten trapping). Also, the regulations pertaining to the issuance of a marten trapping permit would be simplified.
In 1978, and after a 42-year closure, New York reopened the trapping season for American (pine) martens in a 500-mi2 area of the High Peaks region of the Adirondacks. Since that time the department has incrementally increased the area where trappers can legally harvest martens; currently the open trapping area consists of approximately 6,000-mi2 in WMUs 5F, 5H, and 6J (i.e., central Adirondacks). An increase in the open trapping area over the past 32 years has been justified based on an expanding marten population into its historic Adirondack range. This population expansion has been documented by incidental captures by trappers targeting fishers and other furbearers, as well as observations of biologists, Environmental Conservation Officers, and Forest Rangers. Therefore, the department proposes to expand the open trapping area for martens to include WMU 5C, 5G, 5J, and 6F in addition to the existing open area of WMU 5F, 5H, and 6J. This expansion would result in an additional area of approximately 4,300-mi2 where martens could be trapped. All other existing regulations for the taking of marten would remain in effect, ensuring effective harvest and population monitoring of this species. Due to a conservative marten trapping season and limited access to much of this region, the division expects that expanding the open trapping area would not negatively affect New York's marten population.
Possession of dead furbearing animals found on public highways
The department proposes to allow trappers and small game hunters to possess dead furbearers found on the highway. The regulation would allow licensed trappers or small game hunters to keep furbearing animals if found in a location and during a time when the respective trapping or small game hunting season is already open. For example, in an area with an open fisher trapping season, a licensed trapper would be able to possess a fisher found dead on a public highway.
This proposal would allow the lawful possession of road-killed animals if they are collected by a licensed individual, and the respective trapping or small game hunting season is open (small game hunters are allowed to hunt bobcats, coyotes, foxes, and raccoons). This would eliminate the waste of perfectly good pelts, and in the case of certain species (e.g., bobcat, fisher, marten, otter) enable the easier collection of biological information on animals that otherwise would not be examined. For species that require pelt seals, this regulation would be written so that trappers and small game hunters would still be mandated to get a pelt seal for the continued legal possession of road-killed animals. Thus, we will be able to collect more information on the population status of these species than currently available.
Allow trapping within 5 feet of a muskrat lodge
The department proposes to allow the setting of traps within 5 feet of a muskrat lodge. This amendment would repeal that restriction primarily to make it easier for young trappers to catch a muskrat, a species sought by most new trappers.
The current prohibition is unnecessary and does little to regulate the harvest of muskrats or their populations (traps set above the waterline and within the muskrat lodge will not be allowed. This is needed to protect the integrity of the muskrat lodge). The regulation of muskrat take is better accomplished through changes to season length and chronology.
Definition of terms
Several terms used in the Environmental Conservation Law should be defined to provide clarity for both trappers and enforcement personnel. The department proposes to define the term "public highway" to clearly include the traveled portion of the highway; to define "carcass" to provide for the enforcement of the new regulation on the restriction on the use of carcasses; to define the term "suspension" so that the prohibition on setting traps in a manner that suspends an animal is clear; and several modern traps are defined so that they are clearly allowed for use wherever foothold traps are lawful.
4. Costs:
None, other than the administrative costs associated with notifying trappers of the changes, and the costs associated with enforcing new regulations.
5. Local government mandates:
This rulemaking does not impose any program, service, duty or responsibility upon any county, city, town, village, school district or fire district.
6. Paperwork:
The proposed rules do not impose additional reporting requirements upon the regulated public (trappers).
7. Duplication:
There are no other local, state or federal regulations concerning the taking of furbearing animals.
8. Alternatives:
With the exception of the proposal to regulate the use of carcasses near traps, the proposals generally liberalize trapping opportunities or simplify trapping regulations. In the case of the proposal to regulate the use of carcasses to avoid the capture of birds of prey, the department could step up our efforts to further educate the public about the need to take measures to protect these species. However, reasonable outreach efforts have already occurred and given the serious consequences associated with capturing, injuring, or killing birds of prey, a regulatory approach with the associated enforcement capacity should now be implemented.
9. Federal standards:
There are no federal government standards.
10. Compliance schedule:
Trappers will be required to comply with the new rule as soon as it takes effect.
Regulatory Flexibility Analysis
The purpose of this rule making is to amend trapping regulations to improve trapping and furbearer management programs in New York State. Small businesses or local governments will not be directly affected by the proposed rule making because it applies only to individual persons who are licensed to trap in New York State. Based on the department's past experience in promulgating regulations of this nature, and based on the professional judgment of department staff, the department has determined that this rulemaking may increase the number of participants or the frequency of participation in trapping. Some small businesses currently benefit from trapping because trappers spend money on goods and services, and thus an increase in trapper participation could lead to positive economic benefits for such businesses. However, this rule will not impose any new reporting, record-keeping or other compliance requirements on small businesses or local governments. For the above reasons, the department has concluded that this rulemaking does not require a formal Regulatory Flexibility Analysis.
Rural Area Flexibility Analysis
The purpose of this rule making is to amend trapping regulations to improve trapping and furbearer management programs in New York State. Trappers will not have to comply with any new or additional reporting or record-keeping requirements, and no professional services will be needed for people living in rural areas (or elsewhere) to comply with the proposed rule. Furthermore, this rule making is not expected to have any adverse economic impacts on any public or private entities in rural areas of New York State. For these reasons, the department has concluded that this rulemaking does not require a formal Rural Area Flexibility Analysis.
Job Impact Statement
The purpose of this rule making is to amend trapping regulations to improve trapping and furbearer management programs in New York State. Based on the department's past experience in promulgating regulations of this nature, and based on the professional judgment of department staff, the department has determined that this rulemaking may slightly increase the number of participants or the frequency of participation in trapping statewide. Trapping does not often involve professional guide services or other employment opportunities, and relatively few jobs exist as a direct result of trapping. The department expects that the net impact on jobs or employment opportunities to be negligible.
For all of the above reasons, the department anticipates that this rulemaking will have no impact on jobs and employment opportunities. Therefore, the department has concluded that a job impact statement is not required.
