(i) Any person who hunts or takes bear during bowhunting season must possess a license and carcass tag valid to hunt big game granting special bowhunting season privileges.
(ii) Any person participating in the bowhunting bear hunting season may not have in his or her possession, or be accompanied by a person who has in his or her possession, any hunting implement other than a legal longbow.
(4) Muzzleloading bear seasons:
Bear range
Season Dates
Wildlife Management Unit (WMU)
Northern
Seven consecutive days beginning on the 1st Saturday after Columbus Day
5A, 5C, 5F, 5G, 5H, 5J, 6A, 6C, 6F, 6G, 6H, 6J, [and that part of WMU 6K east of Route 26] 6K, and 6N
Southern
Nine consecutive days immediately following the regular season
(i) Any person who hunts or takes bear during muzzleloading season must possess a license and carcass tag valid to hunt big game granting special muzzleloading season privileges.
(ii) Any person participating in the muzzleloading bear hunting season may not have in his or her possession, or be accompanied by a person who has in his or her possession, a firearm other than a muzzleloading firearm which is lawful for taking big game.
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 12233-4754, (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.
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 having 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(8) provides DEC the authority to set open seasons, open areas, bag limit, manner of taking, possession and disposition of bear and parts of bears, and the intentional and incidental feeding of bears. 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 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:
Black bears have been thriving in New York in recent years and have expanded their range considerably. In response to apparent and expected trends in bear populations throughout the state, we are proposing changes to allow harvest in all areas where bears may occur, to prevent bear population growth and reduce the potential for human-bear conflicts. We are also proposing new hunting opportunities in southeastern New York to reduce bear populations, consistent with the interests of local stakeholders.
Bear hunting remains the only viable and cost effective tool for controlling bear numbers on a landscape scale. This rulemaking is a proactive measure to help stabilize or reduce bear populations across the state. This is intended to help maintain a favorable balance between the positive and negative impacts that have been identified in these areas.
The Department recently adopted a new Black Bear Management Plan for New York State, 2014-2024, and the plan includes the regulation changes proposed here. Rationale for each of the proposed changes is as follows:
1. Establish bear hunting seasons in all portions of upstate New York.
Portions of the Southern Zone not previously open to bear hunting include parts of the Mohawk Valley, Capital District, northern Finger Lakes region, and Lake Ontario Plains (WMUs 4A, 4B, 4J, 5R, 6P, 6R, 6S, 7A, 7F, 7H, 7J, 8A, 8C, 8F, 8G, 9A, and 9F). These areas are largely incompatible for bears and present great potential for human-bear conflicts because of widespread agriculture and human densities. Bears are relatively infrequent in these areas, and the management objective is to prevent bear populations from becoming established by allowing hunters to opportunistically remove adult bears that disperse into these areas. WMU 9C would remain closed due to a statutory prohibition on big game hunting in this area.
Portions of the Northern Zone not previously open to bear hunting include parts of the St. Lawrence Valley, eastern Lake Ontario Plains, and Tug Hill (WMUs 6A, 6G, 6K and 6N). Bear populations have expanded into these areas.The Tug Hill provides substantial forest cover and low human density capable of supporting bears with minimal human-bear conflicts. The remainder of these areas includes a greater proportion of agriculture and is less suitable for bears due to the higher likelihood of human-bear conflicts. Management through hunting will prevent further population growth in this region and stabilize the bear population on the Tug Hill, allowing for sustainable use of the bear resource that is already established there.
Current regulations allow bear hunting in the small portion of WMU 6K east of State Route 26. This is an unusual carryover of past regulations; in all other cases, bear hunting boundaries encompass only full WMUs. As part of the proposed expansion of bear hunting into all of WMU 6K, DEC proposes to realign the season structure to be consistent with appropriate management for the entire unit. This involves including WMU 6K in the early bowhunting season but excluding it from the early firearms season, both of which begin in mid-September. In past years, bear harvest during the early firearms season in the open portion of 6K has been highly variable and generally resulted in fewer than 5 bears taken. While this change would reduce the firearms hunting opportunity slightly in 6K during the early part of the fall, the muzzleloader and regular firearms hunting opportunity would remain unchanged.
2. Create a supplemental early firearms season for bears in the Central and Southern Catskill Region of the Southern Zone.
Consistent with public input of former Stakeholder Information Groups (“SIGs”), the management objective for this area is to reduce the bear population from the current level and reduce human-bear conflicts. Recent changes in season structure (i.e., shifting opening day of the regular firearms season earlier to coincide with regular deer season [2005 and 2008], and starting bow season October 1 [2012]) appear to have slowed population growth but not reduced the population. An early firearms season in September would increase bear harvest to achieve the desired population reduction. Additionally, by timing the additional harvest during a period when agricultural damage commonly occurs, the early season may yield increased take of nuisance bears. Once desired population reduction is achieved, the early firearms season may be removed and population stability maintained with the traditional season structure.
3. Provide a uniform start date for bowhunting and early bear season in the Northern Zone.
The bowhunting season for bear in the Northern Zone has typically begun on September 27, whereas early bear season, which also allows hunting with bowhunting equipment, has routinely begun on the 1st Saturday after the 2nd Monday in September (2nd Saturday after Labor Day). By starting bowhunting season for bear throughout the Northern Zone on the same date as the early season, season structures in the Northern Zone would be simplified and bowhunters in the expanding hunting areas (WMUs 6A, 6G, 6K and 6N) would have additional opportunity.
4. Costs:
Implementation of this regulation has no additional costs, other than normal administrative expenses of the department associated with game management.
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 the areas open to hunting or season dates would allow continued growth of bear populations and expansion of bear range in closed areas. This would result in a higher likelihood of negative human-bear interactions with increased risks of property damage and increased costs for department interventions.
2) Reduce the size of the area to be opened. Opening a smaller area would likely lead to a more rapid increase in bear populations and negative human-bear interactions in WMUs that were not opened. This would result in the department needing to open hunting in those areas at some later date under more critical circumstances, and would be counter to the department’s efforts to prevent population growth and limit negative bear-human conflicts in these areas in the interim.
3) Allow bowhunting only in new harvest areas. This would be a more cautious approach to address any concerns that opening a season might eliminate bears from this region. However, opening bear hunting only during bowhunting season would likely reduce the potential bear harvest by more than 50%. Given the patterns of bear population growth experienced in other portions of New York, such limited harvest may be insufficient to stem bear population growth in those areas. And ultimately, the goal in our management plan for many of the units that would be opened is to prevent establishment of bear populations in proximity to urban centers from Buffalo to Syracuse. Once a population is established, it is unlikely that regular hunting seasons would be able to eliminate this potential source of frequent human-bear conflicts in those areas.
4) Drop or modify the proposed September season in the Catskills. Current harvest levels have been unable to reduce the bear population as desired, despite several hunting rule changes over the past decade that increased the areas open to hunting and lengthened the regular firearms season. Additional harvest is necessary to reduce the population in the Catskills and western Hudson Valley, and a supplemental early firearms season is an appropriate method to achieve this objective. Additionally, the current level of human-bear conflicts in this area is unacceptable, and harvest of bears in September may have additional benefit of removing some problem bears, particularly in areas with agricultural damage. We considered a variety of options for season length and timing and concluded that a 16-day season beginning the weekend after Labor Day was preferred because it avoided potential conflicts over the holiday weekend, while providing considerable opportunity for hunters to go afield. It also provides opportunity for people experiencing agriculture or property damage to remove an offending bear as soon as possible. Opening this season on the same formula as the Northern Zone was also considered, but would result in a shorter season (less than 16 days) in some years if it would close when bowhunting season for deer begins (October 1). Also, using a longer regular firearms season rather than an early supplemental season would either require shortening the bowhunting season, an option which would be dissatisfactory for many hunters, or extending the firearms season through late December, a time when most bears have already gone to den.
5) Increase bag limits during existing seasons. We also considered increasing the number of bears that a hunter is allowed to take in the areas where the early season is proposed. However, increasing the bag limit (i.e., the number of bear tags issued with a hunting license) would result in minimal additional harvest. Most bears are taken opportunistically by people out hunting for deer, and less than 0.5% of all hunters take a bear each year. The opportunities for a hunter to take more than one bear are even less, and many hunters may not choose to take a second bear. The annual harvest of bears (and most other game species) is related primarily to time spent in the field by hunters (as it affects the chance of an encounter), rather than daily or seasonal limits. The September season is specifically designed to increase the available time that potential bear hunters can spend in the field, and create a unique bear hunting opportunity separate from deer hunting seasons. Increasing the bag limit for bears would also require modifications to bear tag issuance procedures associated with hunting license sales, which would not be possible (or very costly) to implement in the foreseeable future, as we are already far along with implementing a new license-issuing system across the state.
9. Federal standards:
There are no federal government standards associated with the management of black bears.
10. Compliance schedule:
Hunters would be required to comply with the new regulations beginning with the start of the archery deer and bear hunting seasons in the 2014-15 license year, which begins on September 1, 2014.
Regulatory Flexibility Analysis
The proposed regulation would amend the Department of Environmental Conservation’s (department) black bear hunting regulations to allow hunting of black bears throughout upstate New York (north of New York City), create an early firearms season for bears in the Central and Southern Catskill Region of the Southern Zone, and provide a uniform start date for bowhunting and early bear season in the Northern Zone. 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 the proposed rule would not have an adverse economic effect on small businesses or local governments.
Few, if any, small businesses directly participate in hunting activities. Such a business (e.g., professional hunting guides) will not suffer any substantial adverse impact as a result of this proposed rule making because it increases the number of wildlife management units open to bear hunting and could increase the number of participants or the frequency of participation in the bear hunting season.
All reporting, recordkeeping, and compliance requirements associated with black bear hunting are administered by the department. Therefore, the department has determined that the proposed rule would 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 required.
Rural Area Flexibility Analysis
1. Types and estimated numbers of rural areas:
Black bears live in most areas of New York, but their populations are particularly numerous in the Adirondacks, southeastern New York, eastern New York, and portions of Central and Western New York, especially along the Pennsylvania border. 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 black bears are the responsibility of the Department of Environmental Conservation (department).
3. Costs:
All costs associated with the implementation and enforcement of the proposed regulation would be the responsibility of the department.
4. Minimizing adverse impact:
The proposed rule would increase the number of wildlife management units open to bear hunting and could increase the number of participants or the frequency of participation in the bear hunting season. The proposed rule is expected to reduce negative human-bear interactions and to reduce the levels of bear nuisance activity, thereby reducing property damage in the Southern Zone and throughout the state. The proposed changes would continue management actions recommended by the public and enhance bear hunter satisfaction, thereby having a positive effect on rural areas.
5. Rural area participation:
A key component of the New York State Black Bear Management Program is the creation and use of Stakeholder Input Groups (SIGs) that are tasked to identify and prioritize bear impacts and to help department staff articulate black bear management objectives that would enhance positive impacts and lessen negative impacts. Since 2003, six SIGs have been convened throughout the Southern Zone. In each case, stakeholders recognized the value of having bears in their area and have encouraged education efforts to boost understanding and tolerance of bears. Stakeholders also identified concern for bear-related property damage and interest in reducing bear-human conflicts. The department has promoted education efforts through seminars, web and print information, and development and distribution of the DVD, “Living with Black Bears in New York.” The department now proposes that population management through additional regulated hunting is a necessary and appropriate mechanism to continue to address stakeholder concerns.
Job Impact Statement
The proposed regulation would amend the Department of Environmental Conservation’s (department) black bear hunting regulations to allow hunting of black bears throughout upstate New York (north of New York City), create an early firearms season for bears in the Central and Southern Catskill Region of the Southern Zone, and provide a uniform start date for bowhunting and early bear season in the Northern Zone. Few, if any, persons actually hunt as a means of employment. Such a person, for whom hunting is an income source (e.g., professional guides), would not suffer any substantial adverse impact as a result of this proposed rule because it would increase the number of wildlife management units open to bear hunting and could increase the number of participants or the frequency of participation in the bear hunting season. For this reason, the department anticipates that this rule would have no impact on jobs and employment opportunities.
Therefore, the department has concluded that a job impact statement is not required.
