Subparagraphs 1.18(d)(2) and (3) are amended as follows:
(2) A bow/mz season either sex tag is valid for the taking of a deer of either sex, in any special seasons and with any implement legal during that season [and is valid only for the special implement season for which the hunter is licensed, except as specified in section 1.22 of this Part]. Bow/mz season either sex tags are not valid for use during the regular seasons, except in Westchester and Suffolk Counties or by junior archers hunting during regular seasons.
(3) A bow/mz season antlerless tag is valid for the taking of antlerless deer only, in any special season and with any [legal] implement legal during that season [, except as specified in section 1.22 of this Part]. Bow/mz season antlerless tags are not valid for use during the regular seasons, except in Westchester and Suffolk Counties.
A new subparagraph (5) is added to 1.31(b) to read as follows:
(5) Youth bear season:
Bear range
Season dates
Wildlife management unit (WMU)
Northern
3 consecutive days beginning on the Saturday of Columbus Day weekend
(i) Legal implements for youth bear season are the same as for regular bear season, except that black bear may only be taken by longbow in Westchester County (WMU 3S) and in WMUs 4J and 8C.
(ii) During the youth bear season, junior bowhunters, hunting pursuant to a junior bowhunting license, may only take bear by longbow. Junior hunters, hunting pursuant to a junior hunting license, may take bear with a firearm.
(iii) Any youth participating in the youth bear season shall be accompanied by an adult as required by Environmental Conservation Law section 11-0929. An adult who is accompanying a junior hunter or bowhunter during the youth bear season may not possess a firearm, longbow or crossbow and shall not be actively engaged in any other hunting.
Subparagraph 1.31(c)(3) is amended as follows:
(3) It is unlawful for any person to take more than one bear during a license year (youth, regular, early, archery and muzzleloading seasons combined).
Text of proposed rule and any required statements and analyses may be obtained from:
Jeremy Hurst, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4754, (518) 402-8867, email: jeremy.hurst@dec.ny.gov
Data, views or arguments may be submitted to:
Same as above.
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. Section 11-0903 provides the Department specific authority to set manner of taking, possession, open seasons and bag limits for the harvest of deer and bear. Section 11-0907 governs open seasons and bag limits for deer and bear.
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 seasons and bag limits 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:
This rule making addresses four issues: (1) it increases hunting opportunities for junior hunters by allowing them to take bear as well as deer during the youth firearms hunt over Columbus Day weekend. This is a component of the Department’s effort to combat long-term declines in hunter recruitment and retention by increasing hunter satisfaction and provide additional opportunities for young hunters; (2) it rescinds an antlerless-only requirement established in 2015 during portions of the bow and muzzleloader season in some Wildlife Management Units (WMUs). This requirement, in addition to generating dissatisfaction among some hunters, did not appear to accomplish the management objectives for which it was designed; (3) it prohibits antlerless deer harvest during the early muzzleloader season in WMUs 6F and 6J with the goal of reversing observed population declines in those units; and (4) it corrects language regarding use of deer tags to clarify that bow/mz either-sex and antlerless-only deer tags may both be used during either bow or muzzleloader seasons by hunters who purchased both bow and muzzleloader privileges. This has always been the Department’s intent and how the regulation has been applied, but ambiguity in the current wording can lead to confusion.
The change allowing junior hunters to take black bear during the Youth Firearms Deer Hunt is not expected to substantially alter bear harvest numbers, because opportunities for hunters to take bear are generally infrequent. For the same reason, it may provide a very meaningful experience for those junior hunters and their mentors who are fortunate enough to encounter a bear during the youth hunt.
The removal of the antlerless-only requirement for portions of the bow and muzzleloader seasons in WMUs 1C, 3M, 3S, 4J, 8A, 8C, 8F, 8G, 8H, 8N, 9A, and 9F represents a return to pre-2015 regulations in those units. Based on the 2015 deer harvest reports submitted by hunters, it appears that the antlerless-only rule promulgated in 2015 did not result in substantially increased antlerless harvest and was therefore not an effective tool for reducing deer populations in those WMUs as needed. The antlerless-only rule, which was unpopular with most hunters who provided input to the Department, was implemented as Phase 2 of a 3-phase process to increase antlerless harvest, as outlined in Strategy 2.2.6 of the Department’s Management Plan for White-tailed Deer in New York State, 2012-2016. An alternative approach must soon be implemented to decrease deer populations in those WMUs, and the management plan calls for creation of a special antlerless-only season for muzzleloader hunters as Phase 3, but details of this approach have not been ironed out. The Department intends to use the next year to discuss with hunters the best way to implement Phase 3, or an alternative approach, to effectively reduce deer populations as necessary in these areas.
The restriction on antlerless deer harvest during the early muzzleloader season in WMUs 6F and 6J is a response to declining population indices. Recent deer harvests in those WMUs have fallen well below long-term averages, and the harvest in both WMUs in 2014 was the lowest in recent times at 0.5 bucks taken per square mile. Winter weather conditions are a primary driver of deer abundance in those units, and the winters of 2013 and 2014 were especially harsh. Preliminary assessments of 2015 deer harvest reports suggest that harvest likely declined again. Further reducing the harvest of antlerless deer should allow populations to rebound, particularly in light of the mild winter of 2015-16.
The technical correction to the language on use of bow/mz tags will simply remove some ambiguity in the wording so that it more clearly conveys the intent of the regulation. Bow and muzzleloader hunters are awarded a bow/mz either-sex tag with the purchase of their first special season privilege and an antlerless-only tag with their second special season privilege. The current regulatory language could be interpreted as though the bow/mz either-sex tag may only be used during the special season for which it was purchased (bow or muzzleloader) regardless of whether hunters also purchased the second privilege. However, since this tag structure was implemented in 2002, the Department’s intent and hunters’ understanding has been that hunters who hold both privileges could use both tags in either season.
4. Costs:
The costs associated with adopting the proposed regulation relate to the outreach needed to inform hunters and other members of the regulated community of these changes. These costs are minimal and entail such things as production of press releases, notifications in the Department’s annual Hunting & Trapping Regulations Guide, and updates to the Department’s website.
5. Local government mandates:
The proposed changes do not impose any mandates on local governments.
6. Paperwork:
The proposed changes do not require any additional paperwork by any regulated entity.
7. Duplication:
The proposed changes do not duplicate any state or federal requirement.
8. Alternatives:
Youth Hunt: Retain the existing rules. Junior hunters would not be allowed to take black bear during the youth deer hunt. This would not address the Department’s hunter recruitment and retention goal of increasing opportunities for young hunters.
Antlerless-only rules in WMUs 1C, 3M, 3S, 4J, 8A, 8C, 8F, 8G, 8H, 8N, 9A, and 9F:
(1) Rescind the existing Phase 2 approach of the antlerless-only portion of the bow and muzzleloader season and propose immediate implementation of Phase 3 (new muzzleloader season for antlerless deer). The Department believes it may be more productive to use this coming year to discuss several options with hunters and identify the best form of Phase 3 which may increase antlerless harvest, provide new opportunity, and be compatible with hunter interests.
(2) Retain the antlerless-only portion of the bow and muzzleloader season. This would yield an additional year of data, but would be likely to further degrade hunter satisfaction, and would probably not improve the Department’s ability to manage deer in those units.
Antlerless harvest in 6F and 6J:
(1) Restrict antlerless deer harvest during both the bow and muzzleloader season in WMUs 6F and 6J. About ¼ as many antlerless deer in 6F and 6J are taken during bowhunting season as during muzzleloading season. Restricting antlerless harvest during bowhunting season would not appreciably change the herd structure and would be inconsistent with similar season structures in WMU 6A and 6N where DEC limits take of antlerless deer for muzzleloader hunters but not archery hunters.
(2) Restrict antlerless deer harvest during muzzleloader season in all Adirondack WMUs. Wildlife Management Units in the eastern Adirondacks have not shown a consistent decline in deer harvests similar to WMUs 6F and 6J. Harvests in the eastern WMUs have varied according to winter severity, but overall have stayed stable or increased in the past decade. There may be small sections of the eastern WMUs where deer harvests have decreased locally, but the units as a whole are faring well, so there is no need to reduce antlerless harvests.
(3) Restrict antlerless deer harvest during muzzleloader season in WMU 6F only. Region 6 staff heard most concern from hunters in St. Lawrence County specifically about WMU 6F. WMU 6J is included in the current proposal because the harvest trends were similar in both units and St. Lawrence County also includes a large portion of 6J.
(4) Reduce or eliminate the DMAP in WMUs 6F and 6J. DMAP is an important tool for landowners to conduct site-specific management to achieve their land or deer management goals and should not affect overall deer population size in the units. In recent years, average DMAP harvest equates to 1 antlerless deer per 18-20 square miles in WMUs 6F and 6J. Department staff will continue to scrutinize DMAP applications to ensure that permits are only being approved for properties with sufficient need.
(5) Maintain current muzzleloader hunting opportunity in both 6F and 6J. This might lead to further deer population declines in these units.
Use of bow/mz tags: Retain the existing language. This would perpetuate confusion for hunters and law enforcement interpreting the regulations.
9. Federal standards:
There are no federal government standards associated with this proposal.
10. Compliance schedule:
Hunters will be required to comply with the new regulations beginning with the 2016-17 license year, which starts on September 1, 2016.
Regulatory Flexibility Analysis
The proposed regulation would amend the Department of Environmental Conservation’s (department) white-tailed deer and black bear hunting regulations to reduce harvest of antlerless deer in two Wildlife Management Units (WMUs) in northern New York, rescind an unpopular and ineffective rule of 2015, increase opportunity for junior hunters to take black bear, and make a technical correction to a rule about use of certain special season deer tags. The department has historically made regular revisions to its hunting regulations in New York. 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 will not have an adverse economic effect on small businesses or local governments.
All reporting, recordkeeping, and compliance requirements associated with deer hunting is administered by the department. Therefore, the department has determined that this rule making will not impose any reporting, recordkeeping, 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 needed.
Rural Area Flexibility Analysis
1. Types and estimated numbers of rural areas:
White-tailed deer are ubiquitous and black bear common in New York. Consequently, the proposed regulation impacts rural areas throughout New York State.
2. Reporting, recordkeeping and other compliance requirements; and professional services:
All reporting, recordkeeping and other compliance requirements; and professional services associated with white-tailed deer and black bear are the responsibility of the New York State Department of Environmental Conservation (department).
3. Costs:
All costs associated with the implementation and enforcement of the proposed regulation are the responsibility of the department.
4. Minimizing adverse impact:
The proposed rule making will reduce harvest of antlerless deer in Wildlife Management Units (WMUs) 6F and 6J in portions of Franklin, Hamilton, Herkimer, Lewis, and St. Lawrence counties where deer populations are below the level desired by local stakeholders. The proposed rule making also seeks to rescind an unpopular and ineffective rule of 2015 which sought to increase the harvest of antlerless deer in a number of WMUs in southeastern New York and throughout the Lake Plains and northern Finger Lakes area of central and western New York. The proposed rule also will create additional opportunity for junior hunters by allowing them to take black bear during the youth firearms season. Because this rulemaking seeks to balance deer populations with the recommendations of local stakeholders and increase opportunity for hunters, the proposed changes are expected to have a positive effect on rural areas.
5. Rural area participation:
A key component of the New York State White-tailed Deer Management Program is the use of stakeholder engagement processes to discuss local deer-related impacts. This rulemaking furthers the department’s effort to align deer populations to the interests expressed by local stakeholders.
Job Impact Statement
The proposed regulation would amend the Department of Environmental Conservation’s (department) white-tailed deer and black bear hunting regulations to reduce harvest of antlerless deer in two Wildlife Management Units (WMUs) in northern New York, rescind an unpopular and ineffective rule of 2015, increase opportunity for junior hunters to take black bear, and make a technical correction to a rule about use of certain special season deer tags. Few, if any, persons hunt as a means of employment. Such a person, for whom hunting is an income source (e.g., professional guides), are not expected to suffer substantial adverse impact as a result of this proposed rule making. Though this rule will reduce hunting opportunity for antlerless deer during the 7-day early muzzleloader season in WMUs 6F and 6J but will increase opportunity for antlered deer in several WMUs for during a portion of the early bowhunting season and all of the late bow and muzzleloader seasons. Ample opportunity to hunt deer remains in other seasons and throughout the state. For this reason, the department anticipates that this rule making will have no impact on jobs and employment opportunities.
Therefore, the department has concluded that a job impact statement is not required.
