PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed action:
Amendment of section 1.31 of Title 6 NYCRR.
Statutory authority:
Environmental Conservation Law, sections 11-0303, 11-0903 and 11-0907
Subject:
Hunting seasons for black bear.
Purpose:
To expand the areas open to bear hunting.
Text of proposed rule:
Subdivisions (a), (b), and (c) of 6 NYCRR section 1.31 are amended as follows:
Existing subdivisions 6 NYCRR 1.31 (a) and (b) are repealed and new subdivisions 6 NYCRR 1.31 (a) and (b) are adopted as follows:
(a) Definitions. For the purpose of this section, the following terms have the indicated meanings:
(1) “Bear” means any bear existing in a wild state.
(2) “Cub” means any bear less than one year old.
(3) “Northern bear range” means WMUs (as defined in section 4.1 of this Title) within the Northern Zone (as defined by Environmental Conservation Law section 11-0103).
(4) “Southern bear range” means WMUs (as defined in section 4.1 of this Title) within the Southern Zone (as defined by Environmental Conservation Law section 11-0103).
(b) “Bear hunting seasons.” Bears may be taken only during the open seasons and areas listed below:
(1) Regular bear seasons:
Bear range
Open Season
Northern
WMUs 5A, 5C, 5F, 5G, 5H, 5J, 6C, 6F, 6H, 6J, and that part of WMU 6K east of Route 26: Next to last Saturday in October through the first Sunday in December.
Southern
WMUs 7M, 7R, 7S, 8H, 8J, 8M, 8N, 8P, 8R, 8S, 8T, 8W, 8X, 8Y, 9G, 9H, 9J, 9K, 9M, 9N, 9P, 9R, 9S, 9T, 9W, 9X and 9Y: First Saturday after the opening of the Southern Zone regular deer season through the end of the Southern Zone regular deer season.
WMUs 3A, 3C, 3H, 3J, 3K, 3M, 3P, 4F, 4G, 4H, 4N, 4O, 4P, 4R, 4S, 4W and 4X: The opening of the Southern Zone regular deer season through the end of the Southern Zone regular deer season.
Rest of State
Closed
(2) Early bear season
Bear range
Open Season
Northern
WMUs 5A, 5C, 5F, 5G, 5H, 5J, 6C, 6F, 6H, 6J, and that part of WMU 6K east of Route 26: First Saturday after the second Monday in September through the Friday 15 days preceding the last Saturday in October.
Rest of State
Closed
(3) Bowhunting bear seasons:
Bear range
Open Season
Northern
WMUs 5A, 5C, 5F, 5G, 5H, 5J, 6C, 6F, 6H, 6J, and that part of WMU 6K east of Route 26: September 27th through Friday immediately preceding the next to last Saturday in October.
Southern
WMUs 3A, 3C, 3H, 3J, 3K, 3M, 3P, 4F, 4G, 4H, 4N, 4O, 4P, 4R, 4S, 4W, 4X, 7M, 7R, 7S, 8H, 8J, 8M, 8N, 8P, 8R, 8S, 8T, 8W, 8X, 8Y, 9G, 9H, 9J, 9K, 9M, 9N, 9P, 9R, 9S, 9T, 9W, 9X and 9Y: The Saturday following the second Monday in October (Columbus Day) through the day before the opening of the Southern Zone regular deer season and the nine-day period immediately following the Southern Zone regular deer season.
Rest of State
Closed
(i) 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
Open Season
Northern
WMUs 5A, 5C, 5F, 5G, 5H, 5J, 6C, 6F, 6H, 6J, and that part of WMU 6K east of Route 26: The seven day period immediately preceding the next to the last Saturday in October.
Southern
WMUs 3A, 3C, 3H, 3J, 3K, 3M, 3P, 4F, 4G, 4H, 4N, 4O, 4P, 4R, 4S, 4W, 4X, 7M, 7R, 7S, 8H, 8J, 8M, 8N, 8P, 8R, 8S, 8T, 8W, 8X, 8Y, 9G, 9H, 9J, 9K, 9M, 9N, 9P, 9R, 9S, 9T, 9W, 9X and 9Y: The nine day period immediately following the Southern Zone regular deer season.
Rest of State
Closed
(i) 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.
Existing subdivision 6 NYCRR 1.31 (c) is amended as follows:
Paragraphs (9) and (10) are amended as follows:
(9) In the [Allegany and Catskill bear ranges] Southern bear range, it is unlawful for any person to shoot or take a bear from any group of bears.
(10) In the [Allegany and Catskill bear ranges] Southern bear range, it is unlawful for any person to shoot a bear in a den or take bear from a den.
Text of proposed rule and any required statements and analyses may be obtained from:
Gordon R. Batcheller, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233, (518) 402-8885, e-mail: grbatche@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.
Additional matter required by statute:
A programmatic Environmental Impact Statement has been prepared and is on file with the Department of Environmental Conservation.
This action was not under consideration at the time this agency's regulatory agenda was submitted.
Regulatory Impact Statement
1. Statutory Authority:
Section 11-0303 of the Environmental Conservation Law directs the Department of Environmental Conservation 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(8) provides 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:
The department proposes a proactive strategy to reduce conflicts between black bears and people before those conflicts grow to unacceptable numbers. In the past, black bear hunting areas have been expanded when conflicts became numerous. This proposal seeks to slow or end the expansion of black bear numbers before these conditions become the norm. The proposal expands hunting in areas of Central and Western New York considered to have high potential for exceeding human tolerance for problems associated with bears occupying densely settled areas of New York.
Specifically, the department proposes an amendment to the department s black bear hunting regulations that would:
1. Open WMUs 7M, 7R, 7S, 8H, 8J, 8M, 8N, 8P, 8R, 8S, 9G and 9H to black bear hunting for the archery, regular and muzzleloading seasons. Season dates for these units will be the same as those in place for adjacent units already open to bear hunting, and
2. Open WMU 4N to black bear hunting for the archery, regular and muzzleloading seasons. The season dates for this unit will be the same as adjacent areas to the east (the firearms season for bear is the same as the firearms season for deer).
Black bears have been thriving in New York in recent years and have expanded their range considerably. This has lead to a growing number of interactions between bears and people. Predictably in areas with high agricultural activity or human densities these interactions have been numerous, including some serious conflicts, including bears that have entered homes or cabins. Not only does this pose a threat to human safety and property, it also has required a higher commitment of department staff time and resources.
In 2001, the Division developed a Statewide Black Bear Management Plan. Two documents were released in the fall of 2003 which comprise a management plan using the Adaptive Impact Management (AIM) model. AIM uses public input to identify and prioritize the impacts caused by bears. A statewide mail survey of residents throughout the state was completed by the Human Dimensions Research Unit of Cornell University in 2002 to better define and more fully understand the importance of these impacts. This study found that while a majority enjoy having black bears in New York, about a third worry about the problems bears may cause (See: http://www.dec.ny.gov/animals/7215.html). The survey also found that about two-thirds of respondents approve of regulated hunting in general and about half supported the use of hunting as a means to address problems by reducing bear numbers.
A key component of the Black Bear Management Plan 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, five SIGs have been convened and have consistently expressed interest in the state maintaining healthy bear populations and have encouraged education efforts to boost understanding and tolerance of bears. In areas where bears have a long-standing presence, with associated bear-human interactions and conflicts, SIGs have routinely supported the expansion of hunting as a means to control bear populations.
In the fall and winter of 2007–2008, the department held a series of about 30 public meetings, attended by approximately 750 people, throughout upstate New York to provide an overview of the natural history and current status of black bears, including recent range expansion, and to seek public input on future management. Much like the findings of the above noted survey and recommendations provided by SIGs, attendees at these meetings expressed interest in maintaining a healthy bear population; where bears have a noticeable presence, they asked for and supported management, including hunting, to control bear numbers and problems.
Bear hunting remains the only viable and cost-effective tool for controlling bear numbers on a landscape scale. Providing bear hunting opportunity in the proposed units is intended as a continuation of efforts to manage population growth and range expansion. In central and western New York, it is an important first step in an effort to slow or stop growth into the Lake Plains where agricultural activity and human population densities are high as is the probability of conflict between bears and human interests. In addition to addressing the bear population through hunting, the department remains committed to provide educational outreach to increase the public s awareness of bears and inform the public on techniques to avoid conflicts with bears. The recently produced “Living with New York Black Bears” DVD, recent public meetings, and information available on the department s website (www.dec.ny.gov/animals/6960.html) are examples of this outreach.
A minor reorganization of the regulation is also proposed in recognition that the former “Catskill bear range” and “Allegany bear range” have blended into one conterminous bear range in New York's Southern Zone. In view of this, the bear ranges are renamed simply “Southern range” (combining the former Catskill and Allegany bear ranges) and “Northern range” (the former Adirondack bear range).
4. Costs:
This change will not effect the costs for either the department or for hunters.
5. Local Government Mandates:
This regulation does not impose any program, service, duty or responsibility upon any county, city, town, village, school district or fire district.
6. Paperwork:
This amendment does not require any additional paperwork by any regulated entity.
7. Duplication:
None.
8. Alternatives:
Failure to implement actions to control the number and distribution of bears could result in further increase in bear nuisance and damage problems and consequently result in an increase in the number of destruction permits issued outside of the normal seasons. Therefore, the department does not consider a “no action” alternative to be viable.
9. Federal Standards:
There are no federal standards associated or applicable to the proposed rule.
10. Compliance Schedule:
Hunters will be required to comply with the new regulations beginning with the start of the archery deer and bear hunting seasons in the Southern Zone during the 2008–2009 license year, which begins October 1, 2008.
Regulatory Flexibility Analysis
The proposed rule making will increase the number of wildlife management units open to bear hunting in portions of New York's Southern Zone. The Department of Environmental Conservation (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 Southern Zone, the department has determined that this rule making will 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.
The department has also determined that these amendments will not impose any reporting, record-keeping, or other compliance requirements on small businesses or local governments. All reporting or record-keeping requirements associated with black bear hunting are administered by the department.
Therefore, the department has concluded that a regulatory flexibility analysis is not required.
Rural Area Flexibility Analysis
The proposed rule making will increase the number of wildlife management units open to bear hunting in the Southern Zone. The Department of Environmental Conservation (department) has historically made regular revisions to hunting regulations in an effort to maintain long-term black bear population viability while observing sound management practices, and improving hunter satisfaction. Based on the department s experience in promulgating those revisions and the familiarity of the department s regional personnel with the Southern Zone, the department has determined that this rule making will not impose an adverse economic impact on rural areas.
The proposed rule making will 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 making is expected to reduce negative bear human interactions and to reduce the levels of bear nuisance activity, thereby reducing property damage in the Southern Zone. The proposed changes will continue management actions recommended by the public and enhance bear hunter satisfaction, thereby having a positive effect on rural areas.
The department has also determined that this rule will not impose any reporting, record-keeping, or other compliance requirements on public or private entities in rural areas. All reporting or record-keeping requirements associated with hunting are administered by the department.
Therefore, the department has concluded that a rural area flexibility analysis is not required.
Job Impact Statement
The proposed rule making will increase the number of wildlife management units open to bear hunting in New York's Southern Zone. The Department of Environmental Conservation (department) has historically made regular revisions to hunting regulations in an effort to maintain long-term black bear population viability while observing sound management practices, and improving hunter satisfaction. Based on the department's experience in promulgating those revisions and the familiarity of the department's regional personnel with the Southern Zone, the department has determined that this rule making will not impose a substantial adverse impact on jobs and employment opportunities.
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), 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. 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.
