ENV-19-15-00009-P Deer Hunting Seasons and Deer Management Assistance Permits

5/13/15 N.Y. St. Reg. ENV-19-15-00009-P

NEW YORK STATE REGISTER

VOLUME XXXVII, ISSUE 19

May 13, 2015

RULE MAKING ACTIVITIES

DEPARTMENT OF ENVIRONMENTAL CONSERVATION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. ENV-19-15-00009-P

Deer Hunting Seasons and Deer Management Assistance Permits

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

Amendment of sections 1.11 and 1.30 of Title 6 NYCRR.

Statutory authority:

Environmental Conservation Law, sections 11-0303, 11-0903(10), 11-0903(11) and 11-0907

Subject:

Deer Hunting Seasons and Deer Management Assistance Permits.

Purpose:

Adjust antlerless deer harvest regulations to meet local population management needs, improve Deer Management Assistance Permits.

Text of proposed rule:

Amend paragraph 6 NYCRR 1.11(d)(7) as follows:

(7) During the Northern Zone muzzleloading seasons, the types of deer that may be legally harvested[,] and the open Wildlife Management Units (WMUs) as described in section 4.1 of this [Part] Title are as set forth below.

Season	Open WMUs for harvest of deer of either sex	Open WMUs for harvest [only] of antlerless deer only [or deer having both antlers less than three inches in length]	Open WMUs for harvest of antlered deer only
Early Muzzleloader	5A, 5C, 5F, 5G, 5H, 5J, [6A,] 6C, 6F, 6G, 6H, 6J, 6K		6A, 6N
Late Muzzleloader	5A, 5G, 5J, 6A, 6C, 6G, 6H

Adopt new paragraphs 6 NYCRR 1.11 (d) (8) and (9) to read as follows:

(8) During the early bowhunting season and the late bowhunting and muzzleloading seasons in the Southern Zone, the types of deer that may be legally taken in specified WMUs are as set forth below.

Season	Time Period	Open WMUs for harvest of antlerless deer only	Open WMUs for harvest of deer of either sex
Early Bowhunting	October 1 through October 15	3M, 4J, 8A, 8C, 8F, 8G, 8H, 8N, 9A, 9F	All other WMUs
	Remainder of season		All WMUs
Late Bowhunting and Late Muzzleloader	Entire season	3M, 4J, 8A, 8C, 8F, 8G, 8H, 8N, 9A, 9F	All other WMUs

(9) During the regular season in Suffolk and Westchester counties (WMUs 1C and 3S, respectively), only antlerless deer may be taken from October 1 through October 15.

Amend subdivisions (a), (c), (d), (e), (f), (g), (h), (i), and (j) of 6 NYCRR 1.30 as follows:

1.30 Deer Management Assistance [Permits] Program.

(a) Purpose. This section contains the administrative procedures for the [issuance and use of deer management assistance permits. These permits] program (DMAP). DMAP offers an additional tool [for the management of the white-tailed deer resource in New York State. A Deer Management Assistance Permit (DMAP) is a special permit issued] to a land/resource manager, or a group of land/resource managers, whose property is in need of site specific deer management efforts, and who meet the eligibility criteria established herein. [With each] Through DMAP, the department [will] may issue a permit and antlerless deer tags for use on lands owned and/or controlled by the permit holder. Deer taken under a DMAP permit are in addition to any deer an individual may otherwise legally take.

(c) Open Season. DMAP[s] permits and tags are valid during any open deer season established in accordance with sections 11-0903 or 11-0907 of the ECL [, except the early archery season occurring in September in the Northern Zone].

(d) License Requirements. No person shall hunt or take antlerless deer under the authority of a DMAP permit unless they are licensed to hunt deer during the appropriate hunting season.

(e) Legal Harvest. Only wild deer without antlers or having antlers measuring less than three inches in length ("antlerless deer") may be taken under the authority of a DMAP permit.

(f) Permit Eligibility. [Only one application may be submitted per land/resource manager or group of land/resource managers per year.] To be eligible for a DMAP permit, the applicant(s) must meet one of the following criteria:

(1) The applicant(s) owns or controls land(s) where agricultural deer damage has been documented or can be documented by the department; or

(2) The applicant is a municipality that has identified social or ecological problems due to deer within their municipal boundary [a documented deer problem and a department approved plan for deer management]. Participating properties within the municipality need not be contiguous, but the municipality must be the named applicant; or

(3) The applicant(s) owns or controls land(s) where deer damage to significant natural plant communities has been documented or can be documented by the department. Such damage must be identified in an existing land management plan for the property; or

(4) The applicant(s) owns or controls at least 100 acres of forest land contained in one or more parcels all sharing a contiguous boundary or multiple, non-contiguous parcels of forest land of at least 100 acres each within the same or adjacent Wildlife Management Unit(s), where forest regeneration is negatively impacted by deer. This negative impact must be identified in an existing forest and/or land management plan for the property. Parcels of less than 100 acres may also be considered, if enrolled in the Real Property Tax Law Section 480a program. Two or more landowners may cooperate to meet the acreage requirements; or

(5) The applicant(s) owns or controls at least 1,000 acres of land contained in one or more parcels all sharing a contiguous boundary and involved in custom deer management. Two or more landowners may cooperate to meet the acreage requirements. A deer management plan specifically designed for the property must be submitted to and approved by the [appropriate regional office of the] department.

(6) The applicant(s) owns or controls land(s) where deer damage has been documented or can be documented by the department, and which is adjacent to or bordering a parcel of publically-owned land that is at least 250 acres and is not open to deer hunting by law, regulation, or public agency policy.

(g) Application Procedures and permit duration. [Application for a DMAP shall be made through the DEC regional wildlife office in the Region where the land(s) is located.] Application instructions will be maintained on the department’s website. [forms, permit summary cards, antlerless deer carcass and report tags will be supplied by the department.] There is no fee for the application [and] or issuance of a DMAP permit. All applications are subject to the following requirements:

(1) Application [postmark] deadline [is September prior to the opening of the big game hunting seasons for that license year. Applications not meeting this deadline will be considered at the discretion of the department.] will be posted with the application instructions on the department’s website. Applications not meeting the posted deadline will be considered for enrollment the following year. Permits will expire July 31, three years following the year of application, unless revoked earlier by the department.

(2) Each application must designate one person to be the named “permit holder” who will serve as the contact for all communication with the department. This person must have authority to represent all parties having a controlling interest in deer hunting activities on the property(s) identified in the application. This person shall be responsible for the distribution of all DMAP tags and provide other information the department may deem necessary under the permit.

(3) The application form must include the Farm Service Agency (FSA) number or the tax map identification number as recorded in the county clerk's office for the property(s) included in the DMAP application. Individual properties or land parcels may not be listed on more than one DMAP application. Municipal applications shall cover all public and private properties within their border, but the municipal permit holder must maintain a list of all participating properties with written consent of the associated landowners.

(4) Each application shall describe the background and scope of the deer problem or state the deer management goals and the reasons why such goals cannot be met through standard hunting seasons and permits. Where a deer management plan is not otherwise required under this section, such a plan may be required at the discretion of the department.

(5) Information regarding past deer harvests, existing conditions, and deer management objectives within the Wildlife Management Unit(s) in which the application is applied for, will be considered each year to determine DMAP eligibility.

(6) Nothing in this section shall be construed as requiring or obligating the department to [issue] approve a DMAP[s] application when in its opinion the [nuisance] deer damage problem will not be effectively abated thereby or when in its opinion the deer management goals of the applicant can [effectively] be met though effective utilization of existing deer hunting opportunities.

(h) Tag Issuance and Procedures. Under a DMAP permit, a specified number of antlerless deer carcass tags will be issued to the applicant in accordance with the following:

(1) The [maximum] total number of tags issued will be at the discretion of the department, [no more than one for every 50 acres of land identified in a DMAP. At the discretion of the Department, additional tags may be issued for instances of deer damage that are documented or can be documented by the Department.]

(2) DMAP tag(s) are valid only on the land(s) specified in the DMAP permit.

[(3) Deer taken under this subdivision are in addition to the one deer per year authorized in section 11-0907 of this title, or to any other deer lawfully authorized by section 11-0907.]

(3[4]) No more than two DMAP tags may be used per hunter per year per DMAP permit, except that the department, in its discretion, may authorize the use of up to [two additional] four DMAP tags per hunter per year on DMAP permits in Wildlife Management Units where the objective is to reduce the deer population [buck take is expected to significantly exceed the buck take objective]. For those permits where more than two tags per hunter per year may be used, the permit conditions shall state the number of tags allowed per hunter. There is no limit on the number of DMAP permits that a hunter may be authorized to take deer on.

(4[5]) DMAP tags may not be sold.

(5[6]) It shall be the responsibility of the permit holder to distribute all DMAP tags. [DMAP tags shall not be transferred or reissued other than by the permit holder.] If the permit holder is a state or municipal government agency, the permit holder must ensure a process of tag distribution that provides equal opportunity for licensed hunters.

(i) Manner of Taking, Transporting, and Reporting.

(1) Immediately upon taking a deer under the authority of a [deer management assistance] DMAP permit [(DMAP)], the taker must use [a] an indelible pen or indelible pencil to sign the carcass tag and fill in all information on the carcass tag. The carcass tag must be attached to the deer, except the carcass tag does not need to be attached while the deer is actually being dragged to a camp, dwelling, or point where transportation is available. The carcass tag must not be removed until the deer is prepared for consumption. The taker must report each harvested deer to the permit holder and to the department in accordance with current game harvest reporting requirements as set forth in 6 NYCRR 180.10.

(2) Antlerless deer taken pursuant to [this section] a DMAP permit must not be transported without the carcass tag attached to it except in accordance with the provisions of subdivisions 4 and 5 of section 11-0911 of the ECL.

(3) The permit holder is responsible for submitting to the department [a]an annual report of all [harvested] deer taken under the authority of their DMAP permit, by February 15 for permits issued for properties in Suffolk County and by January 15 for properties in all other counties [within five business days of the close of the deer hunting season in the area where the DMAP has been issued].

(j) Other Regulations. All information requested on the DMAP application must be complete in order to receive consideration. The department may revoke or suspend a DMAP permit where it is obtained through fraud, or where it is obtained by persons not entitled to a DMAP permit, or where false statements are made in [applying for a]the DMAP application. Failure to comply with conditions of the DMAP permit, failure to provide an annual report in accordance with permit conditions, and/or violations of the fish and wildlife law may result in revocation of a DMAP permit and/or denial of future DMAP applications at the discretion of the Department.

Text of proposed rule and any required statements and analyses may be obtained from:

Bryan Swift, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4754, [phone], email: [e-mail]

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 directs the Department of Environmental Conservation (DEC or 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(10) provides the specific authority to set manner of taking, possession, open seasons and bag limits for the harvest of deer. Section 11-0903(11) provides authority to administer the Deer Management Assistance Program. Section 11-0907 governs open seasons and bag limits for deer.

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 is challenged to manage deer populations across a diverse range of environmental conditions and desired population levels. Currently, despite not issuing Deer Management Permits (DMPs) in Wildlife Management Unit (WMU) 6A in the St. Lawrence Valley since 2011, managers have identified the need to further restrict antlerless harvest to increase deer populations. Antlerless deer continue to be harvested during bow and muzzleloader hunting seasons, with the greatest harvest occurring during the 7-day early muzzleloader season. Over the past 25 years, the department has modified muzzleloader season opportunities in the Northern Zone, switching between either-sex, antlerless-only, or antlered-only as needed to achieve management objectives. This rulemaking will restrict harvest during the early muzzleloader season to antlered deer only in WMU 6A until such time as populations increase to desired levels and the season may again be returned to an either-sex opportunity.

In stark contrast, antlerless deer harvest must be increased in WMUs 1C, 3M, 3S, 4J, 8A, 8C, 8F, 8G, 8H, 8N, 9A, and 9F, which include portions of southeastern New York and throughout the Lake Plains and northern Finger Lakes area of central and western New York. In these areas, deer populations are above levels desired by local stakeholders, resulting in unacceptable impacts to residents and local ecosystems. Offering increasing numbers of DMPs each year is no longer a productive way to increase antlerless take in these areas because the number available has exceeded hunter demand, and there is an urgent need to achieve greater antlerless deer harvests. Consistent with the Department’s Management Plan for White-tailed Deer in New York State, 2012-2016, this rule making proposes to allow hunters to only take antlerless deer during the first 15 days of the bow season and during all of the late bow and muzzleloader seasons in the areas listed above.

Additionally, this rule making will refine the Deer Management Assistance Program (DMAP), which provides site-specific deer management options for landowners and land-managers. This rule making will expand opportunity for landowners adjacent to unhunted public lands to mitigate deer-related damage, reduce paperwork burden for applicants and staff, increase flexibility for staff in administering DMAP, and improve reporting of harvest through DMAP.

4. Costs:

Implementation of this regulation has no additional costs, other than the normal administrative expenses of the Division of Fish, Wildlife and Marine Resources associated with game management. This change will not affect costs for the landowner, the resource manager or participating hunters within the DMAP program. There is no fee for DMAP permits. The increase in program efficiency will lead to a decrease in department staff time spent on the program.

5. Local government mandates:

There are no local governmental mandates associated with this proposal.

6. Paperwork:

This amendment does not require any additional paperwork by any regulated entity.

7. Duplication:

None.

8. Alternatives:

1) No change. No change in antlerless harvest strategies would maintain a lower than desired deer population in WMU 6A and perpetuate deer overabundance and associated negative social and ecological impacts in many WMUs in the Lake Plains and northern Finger Lakes area.

2) Establish a special muzzleloader season for antlerless deer in areas where additional antlerless harvest is needed. This option is identified in the deer management plan as the Phase-3 action for increasing antlerless harvests and will be considered in areas where the Phase-2 action is insufficient. A special muzzleloader season would likely yield a greater increase in antlerless harvest and more quickly achieve the desired population reduction than the proposed antlerless-only portions of the bow and muzzleloader seasons. However, this alternative has been strongly contested by some bowhunters who perceived potential loss of their own exclusive opportunities prior to opening of the regular firearms season. Nonetheless, Phase-3 may be needed by 2017 in some WMUs.

3) Establish an “earn-a-buck” system in areas where additional antlerless harvest is necessary. Earn-a-buck systems require that hunters take one or more antlerless deer before they are eligible to harvest a buck or before they are eligible to take a second buck. While this approach was not proposed in the department’s deer management plan, it has been suggested by some hunters and been effective in some jurisdictions. However, earn-a-buck strategies are generally unpopular with most hunters and entail logistical costs to implement and enforce. An earn-a-buck system may be necessary at some point in New York’s deer management future, but the department believes the Phase-2 and Phase-3 strategies are more reasonable as preliminary options.

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 during the 2015-16 license year, which begins on September 1, 2015.

Regulatory Flexibility Analysis

The proposed regulation would amend the Department of Environmental Conservation’s (department) white-tailed deer hunting regulations to reduce harvest of antlerless deer in one Wildlife Management Unit (WMU) in northern New York and increase harvest of antlerless deer in several WMUs in southeastern and western New York. The proposed rule making would also amend regulations governing the Deer Management Assistance Program to improve program efficiency. 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 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 is 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 Unit (WMU) 6A in portions of St. Lawrence, Franklin and Jefferson counties where deer populations are below the level desired by local stakeholders. The proposed rule making also seeks 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 where deer populations are greater than desired by local stakeholders. Because this rulemaking seeks to balance deer populations with the recommendations of local stakeholders, 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 Citizen Task Forces to discuss local deer-related impacts and generate a stakeholder recommendation for deer population change. 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 hunting regulations to reduce harvest of antlerless deer in one Wildlife Management Unit (WMU) in northern New York and increase harvest of antlerless deer in several WMUs in southeastern and western New York. The proposed rule making would also amend regulations governing the Deer Management Assistance Program to improve program efficiency. 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 WMU 6A and reduce 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.