PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 1.40 Title 6 NYCRR.
Statutory authority:
Environmental Conservation Law, sections 11-0303, 11-0903 and 11-0905
Subject:
Hunting wild turkey.
Purpose:
To establish a fall turkey hunting season on Long Island, and to amend the methods of taking wild turkey statewide.
Text of final rule:
Paragraph (1) of subdivision 6 NYCRR 1.40 (c) is amended as follows:
(1) Fall. A permittee may hunt wild turkey only during those open seasons and in those wildlife management units (as described in section 4.1 of this title) listed below.
Open season
Wildlife management units
October 1st through the first Friday after October 15th
5 consecutive days beginning on the third Saturday of November
1C
Paragraphs (3) and (4) of subdivision 6 NYCRR 1.40 (f) are amended as follows:
(3) A permittee may hunt turkey with a shotgun or handgun loaded with shot no larger than number 2 and no smaller than number 8.
(4) a permittee may not take turkey with a rifle or handgun except as provided in paragraph (3) of this subdivision.
Final rule as compared with last published rule:
Nonsubstantive changes were made in section 1.40(c)(1).
Text of rule and any required statements and analyses may be obtained from:
Michael Schiavone, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4754, (518) 402-8883, email: Turkeyregs@gw.dec.state.ny.us
Additional matter required by statute:
A programmatic environmental impact statement is on file with the Department of Environmental Conservation.
Revised Regulatory Impact Statement
1. Statutory authority:
Section 11-0303 of the Environmental Conservation Law (ECL) 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. ECL sections 11-0903 and 11-0905 provides for the establishment of hunting regulations for wild turkey.
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 hunting wild turkey, and the methods of taking wild turkey. These tools are used by the department in recognition of the importance of wild turkey hunting for recreational purposes.
3. Needs and benefits:
The department proposes to establish a limited (5-day) fall turkey hunting season in Suffolk County (Wildlife Management Unit 1C) to provide new outdoor recreational opportunities for people who live on Long Island or in the New York metropolitan area.
Fall turkey hunting is currently allowed throughout most of upstate New York, and it is a popular outdoor activity enjoyed by more than 65,000 hunters annually. Almost 16,000 licensed turkey hunters live on Long Island, and the vast majority would welcome an opportunity to pursue these exciting game birds closer to home.
Long Island's wild turkey population is a relatively recent phenomenon, but it is secure enough to sustain a limited harvest. In the early 1990s, DEC staff held public meetings in Suffolk County to propose restoring the wild turkey to Long Island. (The possibility of a future public hunting opportunity was openly addressed during this outreach effort). With strong public support, DEC trapped approximately 75 wild turkeys in upstate New York and released those birds at three locations in Suffolk County. The Long Island population is now estimated at more than 3,000 birds and growing. Turkeys are a common sight at many locations in Suffolk County, attracting the interest of local hunters and non-hunters alike. In some localities, turkeys have become a nuisance or caused property damage, and these problems are likely to increase in the future in both suburban and agricultural areas. A hunting season would help control population growth and may help prevent or provide relief from some of these problems.
This proposal would provide an important opportunity for hunters on Long Island to engage in the sustainable use of the wild turkey resource. Wild turkey populations are very resilient, and DEC is confident that a limited fall hunting season will not put the Long Island population at risk. We expect that the turkey population will continue to grow even with the implementation of a limited fall hunting season. In recent years, other small game hunting opportunities on Long Island have declined as a result of loss of habitat to suburban development and its concomitant impacts on wildlife populations and public access to those populations. Establishing a fall turkey season would help offset the loss of these other hunting opportunities.
Based on staff judgment about turkey harvest potential on Long Island, DEC proposes to establish a limited 5-day fall hunting season beginning on the third Saturday in November. (In 2009, these dates are November 21-25). Most other small game hunting seasons on Long Island are already open at that time, so potential new conflicts with the non-hunting public should be minimal. This season timing also accommodates administrative considerations for DEC staff, who operate several major cooperative hunting areas in Suffolk County beginning November 1 each year.
In addition to the season dates above, DEC proposes that hunters be allowed to take a season limit of only one bird of either sex, using archery, shotgun, or handgun loaded with birdshot (see below). The department will strongly encourage hunters to bring harvested birds to the hunter check station so we can record biological data; however, this will not be mandatory. Shooting hours (one-half hour before sunrise to sunset) and other general hunting regulations would be the same as for other small game hunting on Long Island and for fall turkey hunting elsewhere in New York State.
The department also proposes to allow the use of handguns loaded with shotshells to hunt wild turkeys statewide. Current regulations do not allow the use of a handgun of any kind to hunt wild turkeys. As originally contemplated in the early 1970s, this restriction primarily addressed the use of rifles and handguns shooting a single projectile (i.e., a bullet). However, handguns and handgun ammunition are now available that can safely and effectively harvest a turkey using shotshells that are loaded with the exact same ammunition as used in full-sized shotguns (shot pellets ranging from #2 - 8 in size). Turkeys are often called to within 20 yards or less of a hunter, and this is within the effective range for several styles of handguns available to hunters. Moreover, allowing the use of handguns firing shotshells will allow some persons with temporary or permanent disabilities to effectively hunt wild turkeys by allowing them the use of a smaller and lighter firearm. Accordingly, DEC proposes amending the turkey hunting regulations to allow the use of handguns loaded with shotshells firing shot pellets within the existing shot size restrictions established in the current turkey hunting regulations.
The department's final regulation includes some minor changes to the listings of wildlife management units because of recent changes to several boundaries and WMU designations.
4. Costs:
None beyond normal administrative costs.
5. Local government mandates:
There are no local governmental mandates associated with this proposed regulation.
6. Paperwork:
No additional paperwork is associated with this proposed regulation.
7. Duplication:
There are no other regulations similar to this proposal.
8. Alternatives:
The department considered the following alternatives related to turkey hunting on Long Island:
(a) No season. The department could defer opening a turkey hunting season on Long Island indefinitely, but valuable recreational opportunities would be lost. As the turkey population continues to grow in the absence of harvest, DEC expects nuisance and damage concerns to increase as well, requiring the issuance of depredation permits to remove offending birds.
(b) Spring turkey hunting season. Most hunters would favor a spring turkey hunting season on Long Island, because of the challenging and unique experience that comes from interacting with birds at that time of year. Many would favor a spring season also because there are no other hunting seasons open then, so it would provide another reason for people to spend time enjoying the outdoors. However, due to the multiple uses of public land where wild turkeys occur in eastern Long Island, DEC believes that a fall season would be more acceptable to implement, with fewer potential conflicts, than a more traditional spring hunting season.
(c) Fall hunting season with different dates. The department considered a wide range of possible season lengths and dates, from October through January. The department concluded that for the first year, a very limited (5-day) season was prudent. Impacts on the turkey population should be relatively small, and potential conflicts with non-hunting public should be minimized. The season timing most preferred by hunters was in October, but DEC does not have adequate seasonal staff on at that time to effectively manage the anticipated high demand for turkey hunting on DEC operated lands. The department also considered opening the season the second Saturday in November and running for 5 days. This would create opportunity for all but may increase user conflicts on the properties due to high hunting pressure.
The department considered the following alternatives relative to the use of handguns loaded with Shotshells for wild turkey hunting--
(a) No change to the existing regulations. As stated above, current regulations prohibit the use of all handguns for turkey hunting. The department could elect to continue this ban on handgun use; however, this does not address the limitations of hunters with disabilities who are not able to use a shotgun or bow. The department believes that use of handguns loaded with shotshells using shot pellets can be an effective tool for harvesting a wild turkey and does not pose a safety risk nor violate fair chase principles.
(b) Allow handguns and rifles with conventional single projectile ammunition. New York turkey hunters have long supported restricting ammunition to bird shot only as both a safety measure and as an ethical restriction to require hunters to use a combination of stealth, camouflage, and calls to lure or approach birds to relatively close range (less than 40 yards).
9. Federal standards:
There are no federal standards associated with turkey hunting.
10. Compliance schedule:
Hunters would have to comply with the new regulations beginning in the fall of 2009, if they are adopted as proposed.
Revised Regulatory Flexibility Analysis
The department made minor changes to the final rule because of new designations and boundaries for several wildlife management units. These minor technical changes do not have an impact on the regulatory effects of the proposed rule. Therefore, revision to the previously published Regulatory Flexibility Analysis is not needed.
Revised Rural Area Flexibility Analysis
The department made minor changes to the final rule because of new designations and boundaries for several wildlife management units. These minor technical changes do not have an impact on the regulatory effects of the proposed rule. Therefore, revision to the previously published Rural Area Flexibility Analysis is not needed.
Revised Job Impact Statement
The department made minor changes to the final rule because of new designations and boundaries for several wildlife management units. These minor technical changes do not have an impact on the regulatory effects of the proposed rule. Therefore, revision to the previously published Job Impact Statement is not needed.
Assessment of Public Comment
The department received comments on the proposed amendments. A summary of these comments and the department's response follows:
Fall Wild Turkey Hunting Season in Suffolk County, WMU 1C
Comment:
Comments simply stating support for or opposition to the department's proposed fall turkey hunting season in Suffolk County were received.
Response:
The department recognizes that the management of wild turkeys is important to many people. In 2007, the department surveyed the hunting and non-hunting public that use state lands in Suffolk County to assess public opinion regarding a potential turkey hunting season there. The department's proposal to open a fall turkey hunting season in Suffolk County is a partial outcome of that survey as well as formal and informal meetings with sportsmen's groups and others. Suffolk County has a healthy and growing wild turkey population. Opening the proposed area to hunting will not jeopardize this wild turkey population, but will provide a new opportunity for hunters in southern New York and enhance our ability to control turkey populations in agricultural and suburban areas where we have received complaints about nuisance birds.
Comment:
Fall turkeys hunters using shotguns will disrupt bow hunting activities or pose a safety risk to bow hunters pursuing deer.
Response:
Beginning on November 1, hunters may pursue several species of small game (e.g., rabbit, squirrel, pheasant, quail) in Wildlife Management Units 1A and 1C (Nassau and Suffolk counties, respectively) using a firearm. These seasons have run concurrently with the archery season for deer in WMU 1C (October 1-December 31) for several years, thus the presence of hunters with shotguns afield during the archery season will not be a new occurrence.
In upstate New York (north of the Bronx-Westchester boundary), fall turkey seasons and the archery seasons for deer have run concurrently for decades. Hunting accidents during the fall turkey seasons are rare (about two/year statewide, on average, of about 65,000 fall turkey hunters per year), and the number of incidents between turkey hunters and bow hunters is negligible.
Comment:
There should be a spring turkey hunting season in Suffolk County rather than a fall turkey hunting season.
Response:
Most hunters would favor a spring turkey hunting season on Long Island because of the special experience that comes from interacting with birds at that time of year. Many would also favor a spring season because there are no other hunting seasons open then, so it would provide another reason for people to spend time enjoying the outdoors. However, due to the multiple uses of public land where wild turkeys occur in eastern Long Island, the department believes that a fall season would be more acceptable to implement at this time, with fewer potential conflicts between the hunting and non-hunting public, than a spring hunting season.
Comment:
The proposed season dates for the fall turkey season in Suffolk County conflict with the opening date of the Southern Zone deer season in upstate New York. Change the season dates for the fall turkey season in Suffolk County (prior to or after the close of the Southern Zone deer season) to avoid any conflicts.
Response:
Based on the results of a survey of turkey permit holders and other hunters who use public lands on Long Island, there was a high level of hunter interest, and potentially a high level of participation, in a fall turkey season. The department will need to carefully manage hunter access to lands we oversee to ensure equitable opportunities are afforded and user conflicts are minimized. Based on staff judgment about turkey harvest potential on Long Island, and the public input we received, we proposed establishing a limited 5-day fall hunting season beginning on the third Saturday in November. Most other small game hunting seasons on Long Island are already open at that time, so potential new conflicts with the non-hunting public should be minimal. This season timing also accommodates administrative considerations for department staff who operate several major cooperative hunting areas in Suffolk County beginning November 1 each year.
Staff have discussed several different options for season dates and decided that the season would be most easily implemented if it were to open on the third Saturday in November and ran for 5 days. The DEC check station, which manages hunter access to DEC-managed lands, is better equipped to accommodate turkey hunters at this time due to a significant proportion of the hunting community that will opt to participate in the opening day of the regular deer season in the Southern Zone (upstate). While these dates might impact the ability of some to participate in the Long Island Turkey season, it would lessen the hunting pressure on both the state land and on private properties.
We considered a wide range of possible season lengths and dates, from October through January. We concluded that for the first year, a very limited (5-day) season was prudent until we gain some experience with turkey hunting on Long Island. Impacts on the turkey population should be relatively small, and potential conflicts with non-hunting public should be minimized. The season timing most preferred by hunters was October, but we do not have adequate seasonal staff available at that time to effectively manage the anticipated high demand for turkey hunting on DEC-operated lands. We also considered opening the season the second Saturday in November and running for 5 days. This would create opportunity for all, but may increase user conflicts on the properties due to high hunting pressure. We would be amenable to changing the dates after we had a chance to evaluate results and experiences during the first few seasons.
Comment:
Hunters should only be allowed to harvest adult male turkeys (toms).
Response:
The Long Island wild turkey population is now estimated at more than 3,000 birds and growing, and is secure enough to sustain a limited either-sex harvest. A fall season would provide an important opportunity for hunters on Long Island to engage in the sustainable use of the wild turkey resource. Wild turkey populations are very resilient, and we are confident that a limited fall hunting season will not put the Long Island population at risk. In addition, due to the presence of 1.5 year-old male turkeys, "young-of-the-year" birds, and bearded hens during the fall, it may be difficult for hunters to accurately differentiate sex and age classes.
In some localities, turkeys have become a nuisance or caused property damage, and we expect these problems to increase in the future in both suburban and agricultural areas. A hunting season where male or female turkeys can be harvested would help control population growth and may help prevent or provide relief from some of these problems.
The department will strongly encourage hunters to bring harvested birds to the DEC-operated check station so we can record biological data and track hunter success and the age and sex composition of the harvest. Based on our monitoring efforts, we can adjust hunting regulations in future years if needed.
Comment:
Hunters cannot be effective using traditional fall turkey hunting techniques (i.e., scattering a flock and calling them back together) on public lands in Suffolk County that may be limited in size and/or heavily hunted.
Response:
While scattering a turkey flock is one way of harvesting a wild turkey in the fall, it is not the only effective method. For example, individual birds as well as entire flocks may be called in without scattering them first. In addition, the department carefully manages hunting access on public lands in Suffolk County to avoid overcrowding and safety concerns. The department will carefully monitor hunting activity and satisfaction to determine whether any subsequent regulatory adjustments are needed to best match the interests of Long Island turkey hunters to the status and distribution of wild turkeys in Suffolk County.
Comment:
A fall turkey season should be limited to local residents only and should be restricted to the eastern end of Long Island.
Response:
The wild turkey resource is owned by the people of the State and New York and consequently, the opportunity to hunt them on Long Island should be available to all members of the public. The department will carefully monitor turkey hunting pressure and hunter satisfaction with this new opportunity. One likely benefit of holding the season in all of Wildlife Management Unit 1C is that hunting activity will be dispersed over a broader area, and department surveys have documented the presence of turkeys in townships throughout Suffolk County.
Use of Handguns Loaded with Shot Shells/Pellets for Wild Turkey Hunting
Comment:
Handguns loaded with shot shells/pellets are an ineffective implement for harvesting a wild turkey and will result in an increase in "crippling loss" (birds mortally wounded but not recovered) and could have negative population-level impacts for wild turkeys.
Response:
The proposed regulation restricts shot size for handguns to size 2 through 8, the same as is currently allowed for shotguns. In addition, many handguns that fire shot shells/pellets actually use a.410 shot shell, an implement that has been allowed for turkey hunting for decades without detrimental impacts.
Due to the specialized nature of handgun hunting in general, and handgun hunting with shot shells/pellets in particular, the potential increase in the total number of turkey hunters based on this regulation change is negligible. The use of handguns for hunting is permitted for many game species (e.g., deer, bear, fox, coyote, and ruffed grouse). Handguns are used most frequently for deer and bear hunting, but even for these species, the number of hunters that use handguns is small relative to the total number of hunters.
When changing the regulations that govern the take of wild turkeys, our primary goal is to protect the long-term security of the wild turkey population while still providing responsible opportunities for hunters and others to enjoy the wild turkey resource now and in the future. We do not anticipate that this regulation change will increase overall hunting pressure, harvest, or crippling loss for wild turkeys; therefore, we do not feel that allowing the use of handguns loaded with shot shells/pellets poses a risk to the security of wild turkey populations. Moreover, by allowing the use of handguns firing shot shells, members of the disabled community will be accommodated in their interest to use a light weight firearm that can be shot with one hand.
Comment:
Handguns loaded with shot shells/pellets are a violation of hunting ethics because they are an ineffective implement for harvesting a wild turkey and will not result in a "quick, clean kill".
Response:
Based on consultation with staff and others familiar with available handguns and loads, as well as some simple ballistic tests, we concluded that hunters who select their equipment properly and practice to learn their capabilities and limitations could use certain handguns and loads to ethically take a turkey. As with other hunting implements (e.g., using a long bow for deer), the effective range of a handgun is more limited than some shotguns, but a hunter who practices and knows the limitations of their firearm can effectively harvest a bird. Regardless of the implement used or the species pursued, hunters are required to make difficult choices within the standards of fair chase when pursuing game. The department has established laws and regulations that help protect wildlife populations and public safety, but we often rely on hunters to decide on the most appropriate methods and conditions to harvest game in an ethical and safe manner.
Comment:
Hunters who need to use a handgun due to physical disabilities should be allowed to do so through a "special license" rather than a change to the turkey hunting regulations.
Response:
The special licenses currently offered by the department to accommodate hunters with disabilities (e.g., Modified Archery Permit, Modified Crossbow Permit, Non-Ambulatory Hunter Permit) are inappropriate for allowing the use of a handgun loaded with shot shells/pellets, and the department sees no strong justification for creating a new type of special license. In addition, some non-disabled hunters may have an interest in using a handgun for hunting wild turkey to enhance their hunting experience by challenging their skills and abilities (i.e., the challenge of calling a bird for a very close shot).
The department has determined that it remains appropriate to allow a limited fall hunting season for wild turkeys on Long Island, and to allow the use of handguns (using shot shells) on a statewide basis. Consequently, the regulation is being adopted as originally proposed.
