Fisher trapping seasons and bag limits and general trapping regulations for furbearers.
Purpose:
Revise existing fisher seasons, establish a new season in central/western NY, update and clarify general trapping regulations.
Text of revised rule:
Title 6 / Part 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," and 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,” are amended as follows:
Amend existing subparagraphs 6.2(a)(2), (a)(4), (a)(5), (c)(2)-(4) to read as follows:
§ 6.2 Mink, muskrat, raccoon, opossum, weasel, red fox, gray fox, skunk, coyote, fisher, bobcat and pine marten trapping seasons and bag limits.
(a) No person shall trap the following listed species except during the open trapping seasons corresponding to the listed wildlife management units, or parts of units. Refer to Section 4.1 of this Title for a description of wildlife management units.
(2) Raccoon, red fox, gray fox, skunk, coyote, opossum and weasel.
Open season
Wildlife Management Units
November 1 to February 25, except closed for coyote
(2) No person shall trap fisher in the Wildlife Management Units listed in paragraph 6.2(a)(4) unless the person holds a revocable special permit for fisher issued by the department.
[(2)](3) Requirements and procedures for obtaining a bobcat or fisher permit will be described in the department's annual hunting and trapping syllabus and on the department's website.
[(3)](4) The holder of a bobcat or fisher permit must comply with all conditions stated on the permit.
Repeal existing subparagraph 6.3(a)(1) and renumber subparagraphs (a)(2) through (a)(16) as subparagraphs (a)(1) through (a)(15).
Amend renumbered subparagraph 6.3(a)(1) to read as follows:
(1) [(2)] No person shall use traps of the leg - gripping type [that have teeth in the jaws or that have a spread of jaws] with a dimension of greater than 5 3/4 inches except that traps up to 7 1/4 inches may be used when set under water during the open season for trapping beaver or otter. No person shall set or use a [body] leg - gripping type trap [with a dimension of more than 7 1/2 inches except when used in water during the open season for trapping beaver and otter. No person shall set a trap] in such a manner that the animal, when caught, would be suspended. No person shall use traps of the leg-gripping type that have teeth in the jaws.
Amend renumbered subparagraphs 6.3(a)(5) and (a)(6) to read as follows:
(5) [(6)] [No person shall trap beaver or otter with traps of the leg - gripping type that have teeth in the jaws or that are set under water and have a spread of jaws greater than 7 1/4 inches.] No person shall set or use on land a body - gripping type trap with a dimension of more than 7 1/2 inches [for trapping beaver or otter]. Body-gripping traps with a dimension of more than 7 ½ inches may be set in the water during the open season for beaver or otter. No [person shall set a trap for beaver or otter] body-gripping trap may be set in such a manner that the animal, when caught, would be suspended. No person shall use traps of the body-gripping type that have teeth in the jaws.
(6) [(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 or within 15 feet of a beaver dam, den or house, [or within 15 feet thereof,] measured at ice or water level, except under the following conditions:
(i) During an open otter season, traps of any legal size may be set on or within 15 feet of a beaver dam, but not on or within 15 feet of a beaver den or house.
(ii) During [a] an open or closed otter season, [when using one] any of the following traps may be set on or within 15 feet of a beaver dam, den, or house:
Amend renumbered subparagraph 6.3(a)(11) to read as follows:
(11) [(12)] Trigger specifications for body gripping traps in the Southern Zone. In the Southern Zone, no person shall use or set a body gripping trap with a dimension of more than [nine] 8½ inches in any wildlife management unit where the river otter trapping season is closed, unless the trap has only one triggering device and such device is a "two-way/parallel trigger" possessing all of the following design features:
Add new subparagraph 6.3(a)(16) to read as follows:
(16) In the northern zone (Wildlife Management Units 5A, 5C, 5F, 5G, 5H, 5J, 6A, 6C, 6F, 6G, 6H, 6J, 6K and 6N) body-gripping traps set on land may not be set with bait or lure during a closed season for fisher and/or marten. Refer to paragraphs 6.2(a)(4) and (5) for descriptions of fisher and pine marten seasons, respectively.
Revised rule compared with proposed rule:
Substantial revisions were made in section 6.2(a)(2), (4), (5) and (c)(2).
Text of revised proposed rule and any required statements and analyses may be obtained from
Michael Schiavone, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4754, (518) 402-8886, email: michael.schiavone@dec.ny.gov
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
30 days after publication of this notice.
Revised Regulatory Impact Statement
1. Statutory Authority
Section 3-0301 of the Environmental Conservation Law (ECL) directs the Department of Environmental Conservation (DEC or department) to provide for the propagation, protection, and management wildlife.
Section 11-0303 of the ECL directs DEC 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 sections 11-0917 and 11-1101 describe the conditions under which wild game may be possessed, transported, or sold, and which trapping activities are prohibited.
ECL section 11-1103 states that the department may by regulation permit trapping of beaver, fisher, otter, bobcat, coyote, fox, raccoon, opossum, weasel, skunk, muskrat, pine marten and mink and may regulate the taking, possession and disposition of such animals.
ECL section 11-1105 describes how traps may be set, how often they must be checked, and how animals may be dispatched.
2. Legislative Objectives
The legislative objectives behind the statutory provisions listed above are to authorize the department to establish, by regulation, certain basic wildlife management tools, including the setting of open areas for trapping fisher and other furbearers. These tools are used by the department in recognition of the importance of trapping for recreational purposes.
3. Needs and Benefits
The Division of Fish, Wildlife and Marine Resources (Division) proposes to establish a new 6-day fisher trapping season in select Wildlife Management Units (WMUs) in central and western New York that can sustain a limited harvest opportunity based on analyses of fisher population data and estimates of trapping pressure. In addition, the Division proposes a restriction of the fisher season in Adirondack WMUs from 46 days to 30 days based on scientific evidence that harvest rates in those units is exceeding 20%, the threshold for sustainable harvest. Finally, the Division is proposing minor revisions to the general trapping regulations for furbearers to improve clarity and ease compliance and enforcement.
4. Costs
None beyond normal administrative costs.
5. Paperwork
The proposed revisions require participants in fisher trapping seasons to obtain a special permit from DEC free of charge and to complete a trapping effort log. These requirements allow wildlife managers to obtain important information on trapping harvest, participation, and effort to ensure that harvest is sustainable.
6. Local Government Mandates
These amendments do not impose any program, service, duty or responsibility upon any county, city, town village, school district or fire district.
7. Duplication
There are no other regulations similar to this proposal.
8. Alternatives
Alternatives for Fisher Trapping in Adirondack WMUs in Northern New York
No changes to fisher trapping seasons in Adirondack WMUs. A fundamental part of fisher management is that populations can generally sustain annual harvest rates of approximately 20%. Harvest and trapping effort data from the Adirondacks indicate that the fisher population has declined in recent years and that harvest rates exceed 20%. Based on our analysis of fisher harvest data, DFWMR staff concluded that some changes to trapping regulations are necessary to ensure that fisher harvests are managed on a sustainable basis as a public trust resource.
Temporarily close fisher trapping seasons in Adirondack WMUs. Fisher trapping season closures were implemented in New York in 1977, 1983, and 1984; however, the recently observed fisher harvest declines do not warrant such action at this time. While such measures may provide immediate relief of harvest pressure on fisher populations, short-term season closures are unlikely to provide long-term benefits if other harvest restrictions are not implemented when seasons are re-opened. Furthermore, because fishers and martens are trapped using the same methods, the marten trapping season in the Adirondacks would also be closed under this alternative. Fishers would also continue to be harvested incidental to other terrestrial furbearers with concurrent seasons (e.g., fox, raccoon, coyote). Lastly, when trapping seasons are closed, the Department loses a valuable source of data (i.e., biological data collected during pelt sealing) that is used to assess population status and make management decisions.
Alternatives for Fisher Trapping in Central and Western New York
Maintain a closed season for trapping fishers. While maintaining a closed season for fisher trapping is a viable management option, providing regulated trapping opportunities is consistent with the NYSDEC Bureau of Wildlife’s mission “To provide the people of New York the opportunity to enjoy all the benefits of the wildlife of the State, now and in the future.” These benefits include opportunities to harvest and observe fishers in the wild. Even with the proposed opening of a limited trapping season Central/Western New York, we expect fisher populations to continue to expand to other areas of western New York (e.g., the Lake Plains) which will provide additional opportunities for the public to observe and enjoy this species in the future.
Open a fisher trapping season with harvest regulations similar to other areas of New York (existing or proposed). We considered this option to address potential concerns regarding inequity of harvest opportunities among fisher management zones or having different trapping seasons and regulations across the state. However, our assessment of fisher populations and harvest data from ecologically-similar areas of southeastern New York, suggested that a more conservative season than occurs elsewhere currently (46 days) or than is proposed for the Adirondack WMUs (30 days) was more appropriate for opening a new season. The proposed 6-day season will almost certainly be sustainable, provide some new harvest opportunities, and provide data that we can use to evaluate possible season expansions in the future.
Alternatives for Revisions to General Trapping Regulations for Furbearers
Make no changes to existing general trapping regulations in NYCRR Section 6.3. We can continue to manage furbearers without making changes to the general regulations described in Section 6.3, but the current wording has led to confusion among both trappers and law enforcement personnel, making compliance and enforcement a challenge.
9. Federal Standards
There are no federal standards associated with fisher trapping.
10. Compliance Schedule
Trappers would have to comply with the new regulations beginning in the fall of 2016, if they are adopted as proposed.
Revised Regulatory Flexibility Analysis
The purpose of this rule making is to revise existing fisher trapping seasons in northern New York and establish a new six-day trapping season in select Wildlife Management Units in central and western New York. In addition, this rule making is needed to update and clarify general trapping regulations for furbearers. This rule will not impose any reporting, record-keeping, or other compliance requirements on small businesses or local government. Therefore, a Regulatory Flexibility Analysis is not required.
All reporting or record keeping requirements associated with trapping in general, and fisher trapping in particular, are administered by the New York State Department of Environmental Conservation (department). Small businesses may, and town or village clerks do, sell trapping licenses, but this rule does not affect that activity. Thus, there will be no effect on reporting or record keeping requirements imposed on those entities.
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 fisher trapping, particularly in select Wildlife Management Units in central and western New York. Some small businesses currently benefit from trapping because trappers spend money on goods and services, and thus an increase in trapper participation should lead to positive economic impacts on such businesses.
Additional trapping activity will not require any new or additional reporting or record-keeping by any small businesses or local governments. For these reasons, the department has concluded that this rulemaking does not require a Regulatory Flexibility Analysis.
Revised Rural Area Flexibility Analysis
The purpose of this rule making is to revise existing fisher trapping seasons in northern New York and establish a new six-day trapping season in select Wildlife Management Units in central and western New York. In addition, this rule making is needed to update and clarify general trapping regulations for furbearers. This rule will not impose any reporting, record-keeping, or other compliance requirements on public or private entities in rural areas, other than individual trappers.
All reporting or record keeping requirements associated with trapping are administered by the New York State Department of Environmental Conservation (DEC or department). Small businesses may, and town or village clerks do, issue trapping licenses, but this rule making does not affect that activity.
Additional trapping activity will not require any new or additional reporting or record-keeping by entities in rural areas, and no professional services will be needed for people living in rural areas to comply with the proposed rule. Furthermore, this rule making is not expected to have any adverse impacts on any public or private interests in rural areas of New York State. For these reasons, the department has concluded that this rulemaking does not require a Rural Area Flexibility Analysis.
Revised Job Impact Statement
The purpose of this rule making is to revise existing fisher trapping seasons in northern New York and establish a new six-day trapping season in select Wildlife Management Units in central and western New York. In addition, this rule making is needed to update and clarify general trapping regulations for furbearers. The New York State Department of Environmental Conservation (DEC or department) has historically made regular revisions to its trapping regulations. Based on DEC’s experience in promulgating those revisions and the familiarity of regional department staff with the specific areas of the state impacted by this proposed rulemaking, the department has determined that this rule making will not have a substantial adverse impact on jobs and employment opportunities. Few, if any, persons actually use trapping as a means of employment, but a modest increase in trapping participation in some select Wildlife Management Units in central and western New York may benefit local businesses and businesses that sell trapping supplies and equipment.
For these 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.
Assessment of Public Comment
The Department received almost 90 comments on the proposed amendment to fisher seasons and general trapping regulations. A summary of comments and Department responses follows.
Comment: There should not be a trapping season for fishers in central/western New York (C/WNY).
Response:
Some people do not approve of trapping; however, New York’s Environmental Conservation Law (ECL) authorizes trapping as a legitimate use of our wildlife resources. Consequently, the proposed regulations provide for this use, while ensuring it is done sustainably.
The Department conducted intense trail camera surveys in C/WNY over the last three winters to estimate fisher occupancy and density, including surveys in Wildlife Management Units (WMUs) currently open to fisher trapping, and based on these data, is confident fisher populations in select areas of C/WNY can sustain a limited harvest.
Comment: The proposed changes are not science-based.
Response:
The proposed regulations are based on analyses of available data including harvest totals and sex ratios, trapping effort, and both mail and field survey results. The draft Plan incorporates numerous references to scientific literature from peer-reviewed professional journals on fisher management and furbearer management.
Although we received a fair number of comments on the draft Plan and proposed regulations, none contained any new scientific information that would cause us to re-evaluate the conclusions and proposals presented in the plan.
Comment: Take-per-unit-effort (TPUE) is not a useful metric for monitoring fisher populations.
Response:
Many comments indicated that changes in annual harvests are likely due to a number of factors including weather, pelt prices, gas prices, and trapper interest, all resulting in decreased effort. The Department agrees these factors can reduce effort and therefore, harvest. However, TPUE accounts for these sources of variation by normalizing harvest by effort expended. TPUE is the product of the number of traps set and the number of nights these traps are set (expressed as the number of fisher harvested per 100 trap-nights). Normalizing harvest data by effort facilitates year-to-year comparisons and addresses changes in effort and resulting harvest. TPUE does not account for changes in trapping vulnerability that occur in response to food availability, but this can be considered when interpreting TPUE trends. The scientific literature has several references that demonstrate the utility of using TPUE to monitor furbearer populations.
Comment: More research is needed before decreasing the season length in the Adirondacks.
Response:
Several commenters felt that additional research was necessary to document fisher population declines in Adirondack WMUs. We do not believe more research would change the outcome of our proposals. All indicators (TPUE and harvest rates) point to a decreasing fisher population. We believe this warrants the proposed season reduction to achieve a 20% harvest rate to stabilize the population.
Comment: Fisher harvest in the Adirondacks is declining due to public land access losses and lack of habitat management.
Response:
Some comments stated that access to land in the Adirondacks and/or lack of habitat management within the Adirondack Park (Park) are drivers of decreased fisher populations. The Department recognizes that access to some lands within the Park have become more restrictive; however, it is unlikely these changes have been significant enough over the previous decade to cause the population declines identified. In addition, if restricted access has resulted in decreased trapping effort and harvest, that is accounted for by using estimates of TPUE as described above.
Over the last decade it is unlikely that a lack of habitat management could be a source of population decline for fisher, since habitats in the Adirondacks have changed little during that time. Finally, the State Constitution prohibits the Department from conducting habitat management on State lands within the Park, so management must be based with that constraint in mind.
Comment: Trapping season dates should be set for when fur is “prime.”
Response:
Many trappers suggested a later season start date in eastern New York to improve the quality of fur on harvested fisher. While later dates would lead to an improvement in pelt quality, there are other factors to consider. First, fishers harvested in late October are routinely sold at reasonable prices, so the difference in pelt quality from a modest delay in season dates is small. In addition, incidental capture of fisher by trappers targeting other species using body-grip traps prior to the later opening date is problematic. Body-grip traps are lethal traps and non-target catches cannot be released. In addition, the 2010-11 Trapper Mail Survey showed that a majority of trappers (57%) prefer a concurrent opening season date of October 25th for all land species. Later seasons also are more likely to experience access limitations due to weather and road closures. For these reasons the start date for the existing season in Southeastern New York and proposed new units in C/WNY is October 25th.
In response to the input received for Northern New York (NNY), the Department has amended the proposed regulations as described below:
1. Establish a 30-day season, from November 1 to November 30, in Adirondack WMUs. This will reduce the season length sufficiently to achieve the desired reduction in fisher harvests and also shift season dates later in response to the desires expressed during the public comment period.
2. Modify existing regulations prohibiting the use of baited/lured body-grip traps on land after December 10th in the northern zone to prohibit the use of baited/lured body-grip traps on land in the northern zone whenever the fisher and/or marten seasons are closed. With a proposed start date of November 1 in some Adirondack WMUs, this change will require trappers to use live-restraint type traps from October 25 to October 31 when targeting other land species and allow incidentally captured fisher/marten to be released unharmed.
Comment: There should be no bag limit for the proposed fisher trapping season in C/WNY.
Response:
Many comments were opposed to the proposed limit of one fisher per trapper in select WMUs in C/WNY. The Department understands the challenges of using bag limits to control trapper harvest. Trapping is a passive activity and the possibility of a trapper unintentionally exceeding a one-fisher bag limit exists any time more than a single trap is set; however, bag limits are used successfully in other northeastern states. In response to the opposition to the proposed bag limit, the Department calculated various harvest scenarios and determined that a shorter season length with no bag limit would result in an annual estimated take that is sustainable. Therefore, we have amended the proposed regulation to a season length of six days with no bag limit for select WMUs in C/WNY.
Comment: There should be a longer fisher trapping season in C/WNY.
Response:
Some comments took exception to the short, nine-day proposed season in C/WNY. Based on our decision to eliminate the bag limit of one fisher per trapper in C/WNY, we had to further reduce the proposed length of the season to six days. This change will allow trappers to target fisher without concerns over exceeding the bag limit but also allow the Department to keep harvest levels within projected sustainable limits. A longer season may be considered in the future if data collected over the next several years supports such a change.
Comment: All trapping seasons should end on the same date.
Response:
Several comments called for all fisher seasons to end on the same date (rather than start on the same date) so that it would be easier for trappers to understand and easier for Department staff to handle pelt sealing demands. The Department cannot say conclusively whether it is easier for trappers to understand uniform start or uniform end dates but it is logical to assume that either could be equally easy to comprehend.
Concerns about pelt sealing are unfounded. Staff need to be prepared to seal pelts from the first day of the season until 10 days after the close of the season. Aligning seasons to end on the same date would not change the nature of this responsibility. Finally, there are seasons for many species with variable end dates and we are unaware of any issues resulting from this practice.
Comment: Restricting the fisher trapping season in the Adirondacks will negatively affect marten trapping opportunity.
Response:
Trapping methods for fisher and marten are very similar and therefore, regulations designed to protect one species must also be applied to the other. Were marten seasons to remain unchanged, there is the strong possibility that marten trappers could incidentally take fisher after fisher season closed. We recognize that the proposed changes will result in the loss of marten trapping opportunity, but to avoid the incidental take of fisher, seasons for the two species must be aligned.
Comment: Do not use a “special permit” system for fisher trapping.
Response:
The proposed amendment for fisher trapping specified the requirement for a “special permit” that is obtained from the Department free of charge. The special permit system is a mechanism that has been used successfully for furbearer species to obtain estimates of participation and effort that cannot be obtained from pelt-sealing alone. As stated above, estimates of TPUE are a more accurate representation of abundance than raw harvest totals. The Department envisions that use of a special permit system is temporary as we seek to better understand fisher populations over the next 3-5 years.
Comment: Start fisher trapping seasons later to reduce trapping pressure on fishers or to minimize conflicts between trappers and others (e.g., hunters).
Response:
While it is true that currently most fisher are trapped during the first few weeks of the season, it is unknown if starting fisher seasons on a later date would result in an overall reduction in fisher trapping pressure. It is possible that trapping pressure would remain the same or increase with a later start date to the season.
Starting the season on a later date would also not guarantee a reduction in potential conflicts between trappers and others (e.g., hunters). New York has multiple hunting seasons for various species that span from September to March. In addition, later season dates could overlap with snowmobiling “season”, which typically begins after the close of deer season, opening up the possibility for previously unknown conflicts.
Comment: Trapping harvest favoring female fishers is "normal" and sustainable, contrary to what is stated in the draft Fisher Management Plan.
Response:
Peer-reviewed published research found that adult female fishers had lower mortality rates and were less vulnerable to trapping than adult males, indicating that sex ratios which favor males or approach 1:1 female:male (F:M) reflect a sustainable harvest. Although Fur Harvesters Auction (FHA) data presented to the department indicated a F:M ratio similar to that presented in the draft plan, there are important differences. First, sex ratio data from New York contain both spatial and temporal components, enabling us to calculate ratios and their variability over time within discrete areas with the same trapping regulations (e.g., northern vs. southeastern NY). Furthermore, the department evaluated additional harvest data (e.g., TPUE, harvest density, success rate) to corroborate sex ratio data. FHA data were pooled across a large geographic area that varied greatly in F:M ratios and trapping regulations, precluding an understanding of how differences in regulations across jurisdictions influence these ratios, and prohibiting a comparison with other harvest data. Lastly, even if FHA data were an accurate reflection of the fisher sex ratio, it’s important to note that other eastern and mid-western states are observing similar declines in fisher harvests, which suggests that ratios exceeding 1:1 indicate increasing harvest intensity and potentially overharvest.
Comment: The phrases “leg hold” traps and traps with “teeth in the jaws” reflect poorly upon trappers.
Response:
Regulatory language regarding “leg hold” traps and the prohibition against using traps with “teeth in the jaws” mirror the language used in ECL § 11-1101. We recognize that “foot-hold” trap is a more accurate reflection of this device and that traps with “teeth in the jaws” have been prohibited in New York State for decades; however, the Department uses these phrases to remain consistent with statute. Changing this language would require a law change.
