PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of sections 1.22 and 1.27 of Title 6 NYCRR.
Statutory authority:
Environmental Conservation Law, sections 11-0303 and 11-0907
Subject:
Deer hunting regulations.
Purpose:
To expand antler restrictions in the Catskills and update muzzleloading regulations in the Northern Zone.
Text of proposed rule:
Subdivision (a) of 6 NYCRR section 1.22 is amended as follows:
(a) "Northern Zone." The types of deer that may be legally harvested, the open Wildlife Management Units (WMUs) as described in section 4.1 of this Title and the open season dates (First and Second splits) for muzzleloading in the Northern Zone are set forth below.
"Open WMUs for harvest of deer of either sex"
"Open WMUs for harvest of antlerless deer or deer having both antlers less than three inches in length"
"Open WMUs for harvest of antlered deer only"
FIRST SPLIT of the muzzleloading season for deer shall be the seven days immediately proceeding the Northern Zone regular big game season:
SECOND SPLIT of the muzzleloading season for deer shall be the seven days immediately following the Northern Zone regular big game season:
5A, 5G, [5J,] 6A, 6C, 6G, 6H
Paragraph (2) of 6 NYCRR subdivision 1.27 (a) is amended as follows:
(2) The table below describes the minimum antler requirements, by Wildlife Management Unit (WMU) as described in section 4.1 of this title, for an antlered deer to be legally taken.
Minimum Antler Requirements
Wildlife Management Unit
(i) At least one antler with at least 3 points. Each point must be at least 1 inch long measured from the main antler beam.
3A, 3C, 3H, 3J, 3K, 4G, 4O, 4P, 4R, 4S, 4W, 4X
(ii) Any antlered deer
all other WMUs
Text of proposed rule and any required statements and analyses may be obtained from:
Jeremy Hurst, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233, (518) 402-8883, email: jehurst@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.
This action was not under consideration at the time this agency's regulatory agenda was submitted.
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. ECL section 11-0907 provides for the regulation of deer and black bear hunting seasons.
2. Legislative objectives:
The legislative objective behind the statutory provisions listed above is to establish, or authorize the department to establish by regulation, certain basic wildlife management tools, including the setting of open areas, and restrictions on methods of take and possession. These tools are used by the department to maintain desirable wildlife species in ecological balance, while observing sound management practices.
3. Needs and benefits:
The department proposes to amend 6 NYCRR section 1.22 (Muzzleloading firearm deer season) to open wildlife management unit (WMU) 5A and close WMU 5J for either-sex deer harvest during the late muzzleloading season. The department also proposes to amend 6 NYCRR section 1.27 (Alternative deer harvest strategies) to include WMUs 3A, 4G, 4O, 4P, 4R, 4S, 4W, and 4X in the list of units where the minimum antler requirement is at least one antler with at least 3 points. These proposals are described as follows:
Northern Zone Muzzleloading Seasons
WMU 5A (primarily in Clinton County) was previously open for the late muzzleloading season from 1999 through 2002. Harsh winters in the unit in 2000 and 2003 reduced the deer population and the deer harvest, and the late muzzleloading season was closed beginning in 2003 to allow the deer herd to recover. Deer harvests since 2003 have increased, and winter weather has not been a major factor since then, so the harvest of more antlerless deer is appropriate.
WMU 5J has experienced harsh winter weather in three of the last four years, especially in the northern part of Fulton County and extreme southern Hamilton County. Above average snow depths for extended periods have caused winter deer mortality, and the current winter will likely have a similar impact. Deer have been documented concentrating in wintering areas in early December, well before the end of the muzzleloading season, making them extremely vulnerable to hunters, resulting in high harvests and high hunting pressure near roads. A field inspection of a wintering area in Fulton County during the late muzzleloading season last fall revealed vehicles lining the roads and numerous drag trails in the snow at each access point, indicating the removal of a shot deer. Closing the late muzzleloading season will reduce the harvest of deer in the WMU, allowing the population to rebound from recent losses. It will also protect those deer that move into wintering areas early in the winter from harvest when they are especially vulnerable to hunters.
Antler Restrictions
In recent years there has been growing interest and debate among hunters about programs to establish antler restrictions for deer hunting. Antler restrictions prohibit hunters from taking bucks unless the buck meets a specific antler standard (e.g., 3 or more points on one antler). Simply stated, antler restrictions protect a majority of young bucks from harvest allowing them to live another year or two so that they become slightly larger and heavier, and grow larger antlers with more points.
A coalition of hunters from Sullivan, Delaware, Ulster, Greene, and Schoharie Counties proposed an expansion of the existing antler restriction program to include WMUs 3A, 4G, 4O, 4P, 4R, 4S, 4W, and 4X. Endorsement for expanding the antler restriction area has come from the Sullivan County Federation of Sportsmen, Ulster County Federation of Sportsmen, Greene County Federation of Sportsmen, Schoharie County Conservation Association, and others.
While antler restriction programs do not meet a critical biological or management need, the department recognizes that antler restrictions can be part of a viable deer management program when hunter support for such restrictions is widespread. Because interest in antler restrictions reflects social values of hunters rather than essential management changes for biological purposes, and because antler restrictions would entail a substantial change for New York hunters, the department has established a guideline: at least two thirds (67 percent) support and no more than 20 percent strong opposition should be evident before considering formal rule making proposals. This proposal is consistent with those guidelines.
To fully evaluate the level of support for antler restrictions, questionnaires were mailed in early February 2009 to a random sample of over 3,900 hunters who hunt in the WMUs included in the antler restriction proposal, and responses were evaluated in 4 WMU groupings: 3A-4X, 4O-4P-4W, 4R-4S, and 4G. The mail survey response rate was 53.3 percent and results varied significantly (P<0.0001) from a subsequent phone survey of non-respondents. When adjusted for non-response bias, hunter support for mandatory antler restrictions exceeded the department's guidelines in WMUs 4O-4P-4W (67.4 percent) and WMUs 3A-4X (69.5 percent). However, strong opposition for the proposed restriction also exceeded the department's guidelines in both WMUs 4O-4P-4W (22.1 percent) and WMUs 3A-4X (20.1 percent). The statistical confidence intervals for the survey results "bracket" the guidelines established by the department. This means that the data could be interpreted to either support moving forward with antler restrictions (as proposed) or to support taking no action. The department has determined that it is appropriate to propose the antler restriction amendments to benefit from the additional statewide 45 day comment period that commences upon publication of this notice. Moreover, given the equivocal results, the department intends to continue evaluating hunter attitudes towards antler restrictions in these WMUs five years following the potential implementation of the proposed regulations.
Additionally, because an antler restriction program will result in a multi-year period of reduced buck harvest opportunity, there is potential that the proposed antler restriction may increase antlerless harvest rates. In units with low deer densities, such as WMUs 3A and 4X, additional antlerless harvest may negatively impact the deer population. The department will monitor changes in buck harvest and antlerless harvest to evaluate the impact of the proposed rule making on the deer populations.
4. Costs:
Implementation of this regulation has no additional costs, other than the normal administrative expenses.
5. Local government mandates:
This rule making imposes no mandates upon local governments.
6. Paperwork:
No additional paperwork is associated with this rule-making.
7. Duplication:
None.
8. Alternatives:
The department did not consider any alternatives to the changes in the muzzleloading seasons in the Northern Zone because the proposal is needed to meet deer population management needs. The department considered not proposing the new regulations on antler restrictions because of the equivocal results from the survey of hunters, as explained above, or to only move forward with a few WMUs. However, the department concluded that the formal 45 day public comment period that starts upon publication of this notice should provide an opportunity to further clarify the attitudes of deer hunters towards antler restrictions in this area.
9. Federal standards:
There are no federal standards associated with this rule making.
10. Compliance schedule:
Hunters will need to comply with the new regulations during the 2009-2010 hunting seasons.
Regulatory Flexibility Analysis
The Department of Environmental Conservation (department) has determined that the proposed amendments to the late muzzleloader season for deer hunting in the Northern Zone and expansion of the antler restriction program for deer hunting in southeastern New York will not impose any adverse economic impact or reporting, recordkeeping or other compliance requirements on small businesses or local governments. All reporting or record-keeping requirements associated with hunting are administered by the department. Therefore, the department has concluded that a regulatory flexibility analysis is not needed.
Rural Area Flexibility Analysis
The Department of Environmental Conservation (department) has determined that the proposed amendments to the late muzzleloader season for deer hunting in the Northern Zone and expansion of the antler restriction program for deer hunting in southeastern New York will not impose any adverse impact on rural areas or reporting, record keeping, or other compliance requirements on public or private entities in rural areas. All reporting or record-keeping requirements associated with hunting are administered by the department. Therefore, the department has concluded that a regulatory flexibility analysis is not needed.
Job Impact Statement
The Department of Environmental Conservation (department) has determined that the proposed amendments to the late muzzleloader season for deer hunting in the Northern Zone and expansion of the antler restriction program for deer hunting in southeastern New York will have no direct effect on jobs or employment. Therefore, the department has concluded that a job impact statement is not needed.
