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 of Title 6 NYCRR.
Statutory authority:
Environmental Conservation Law, sections 11-0303, 11-0903 and 11-0905
Subject:
Hunting wild turkey.
Purpose:
To revise the fall wild turkey hunting seasons statewide.
Text of final rule:
Title 6/Part 1 of NYCRR, Section 1.40, entitled "Hunting Wild Turkey” is amended as follows:
Amend existing paragraph 1.40(c)(1) and subparagraph 1.40(d)(1)(ii) to read as follows:
(c) Season dates and boundaries.
(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 14[5]th
(i) One turkey of either sex during the fall season on the Statewide carcass tag in any open area.
[(ii) A second turkey of either sex on the 2 bird area carcass tag only in Wildlife Management Units 3A, 3C, 3F, 3G, 3H, 3J, 3K, 3M, 3N, 3P, 3R, 3S, 4A, 4B, 4C, 4F, 4G, 4H, 4J, 4K, 4L, 4O, 4P, 4R, 4S, 4T, 4U, 4W, 4Y, 4Z, 5R, 5S, 5T, 6A, 6C, 6G, 6H, 6P, 6R, 6S, 7F, 7H, 7J, 7M, 7P, 7R & 7S (as described in section 4.1 of this Title).]
Final rule as compared with last published rule:
Nonsubstantive changes were made in section 1.40(c)(1) and (d)(1)(ii).
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: wildliferegs@dec.ny.gov
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 3-0301 of the Environmental Conservation Law (ECL) directs the Department of Environmental Conservation (DEC or department) to provide for the propagation, protection, and management of wildlife.
Section 11-0303 of the ECL directs DEC 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 direct DEC to promulgate regulations to establish seasons and bag limits for wild turkeys. ECL sections 11-0917 and 11-1101 describe the conditions under which wild game may be possessed, transported, or sold.
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 turkeys. These tools are used by the department in recognition of the importance of hunting for recreational purposes.
3. Needs and Benefits
The Division of Fish, Wildlife and Marine Resources (Division) proposes to amend the wild turkey hunting regulations to revise the fall hunting season structure (i.e., season zones, season length, bag limits) beginning in fall 2015. We are proposing a reduction in season length in most areas of the state in response to long-term population declines. A two-week season is proposed for each of three season zones (Northern Zone, Southern Zone, Long Island) with a seasonal bag limit of one bird of either sex. This represents a contraction of the fall turkey hunting season in much of the state, no change in the Great Lakes Plain, and a modest expansion in Suffolk County.
The Division proposes to revise fall hunting season zones statewide to better align harvest opportunities with current wild turkey populations and environmental conditions. Wild turkey populations in New York State have changed dramatically since the last time fall seasons were revised in 2002. Statewide, populations have declined significantly as measured by both the spring harvest and the bowhunter sighting log survey conducted during the fall. There are several reasons for this decline including a decline in reproductive success (e.g., nest success, poult success), loss of landscape-scale habitat diversity (particularly the loss of early successional habitats such as old fields, shrublands, and young forests that are important for nesting and brood rearing), and a more diverse and abundant predator community.
During the fall season a turkey of either sex may be taken. Overharvesting hens can cause populations to decline. In order to ensure that the turkey harvest is sustainable, we must adjust fall hunting seasons so that they are more appropriate for the current status of wild turkey populations in light of limiting factors such as hen survival, productivity, and habitat quality.
The proposed changes have been developed as part of a four-year research study. Department staff have banded and radio-tagged hen wild turkeys for two years under the current fall season structure (2013 and 2014) and will continue to do so for two years after the proposed seasons are implemented (2015 and 2016) to assess the effect of this management action. Information on harvest and survival, as well as abundance, productivity, and hunter survey data, will then be used to ensure that fall seasons are appropriate based on current environmental conditions and to update the New York State Wild Turkey Management Plan.
4. Costs
None beyond normal administrative costs.
5. Paperwork
There is no additional paperwork required based on this regulatory proposal. Wild turkey hunters have always been required to purchase a turkey hunting permit, complete a carcass tag for any bird harvested, and to report the harvest within 7 days. This regulatory proposal does not change any of these requirements.
6. Local Government Mandates
These amendments do not impose any program, service, duty or responsibility upon any county, city, town, village, school district or fire district.
7. Duplication
There are no other regulations similar to this proposal.
8. Alternatives
1. Close the fall season.
While New York’s turkey populations have declined, they can still sustain a limited fall harvest. The Division used a structured-decision making process (SDM) to identify the optimal season structure for various regions of the State that balances turkey abundance and hunter satisfaction. While eliminating the fall season would eliminate hunting mortality and maximize the number of turkeys on the landscape, it would disenfranchise the 50,000 New Yorkers who purse this popular game bird each fall, and the generations of New York hunters that have enjoyed a fall turkey hunting opportunity for over 50 years.
2. Continue with the existing fall season structure.
The current hunting season structure does not account for current ecological conditions such as weather, landscape-scale habitat, turkey abundance, productivity, and survival, and social conditions such as hunters’ motivation and what drives hunter satisfaction. We evaluated various harvest alternatives based on biological and social data for major physiographic regions of the State to determine the optimal season structure. Where changes are proposed to season length or bag limit, it was because the new season structure provided a better balance between turkey abundance and hunter satisfaction than the existing season does.
3. Only allow the harvest of male turkeys during the fall season.
Data from hunter-killed birds in the fall indicate that hunters often have difficulty identifying the age and sex of the birds they harvest. Many of the birds hunters encounter during the fall are young, so the physical characteristics that help identify sex and age may not be conspicuous, making it difficult to comply with hunting regulations.
Were we to allow only the harvest of “bearded birds”, this would significantly restrict hunting opportunities as the vast majority of birds with conspicuous beards during the fall are adult males, which currently only make up about 22% of the total fall harvest.
4. Consider other harvest alternatives (longer/shorter, different bag limit).
The Division evaluated four harvest alternatives that represented a range of opportunity and hunting pressure from a conservative season (2 weeks, 1 bird bag limit) to a liberal season (7 weeks, 2 bird bag limit). As mentioned above, the SDM process that was employed identified the optimal season structure for various regions of the State that balanced turkey abundance and hunter satisfaction. Social science surveys indicated that fall turkey hunters place greater value on seeing and hearing turkeys over other aspects such as harvest success or avoiding conflicts with other hunters. Since “hearing and seeing more turkeys” is directly tied to turkey abundance, the relatively conservative two-week season minimizes the impacts of hen harvest mortality while still providing hunters the chance to go afield. More lengthy seasons and liberal bag limits would provide more hunting opportunity, but would also increase the probability that populations would continue to decline.
Survey data indicate that fall turkey hunters spend 4-6 days afield on average, regardless of whether they hunt in a region with a two-week season (i.e., the Lake Plains) or a seven-week season (southeastern New York). Because the proposed season dates in the three proposed zones do not overlap (Northern Zone: Oct. 1-14; Southern Zone: Oct. 17-30; Suffolk County: Nov. 21-Dec. 4), a very dedicated hunter could hunt turkeys for up to six weeks in total if they were willing to move around the State.
Important factors in hunter satisfaction include hearing and seeing more birds (i.e., a stable or growing turkey population), a season that includes at least two weekends, and a season that does not overlap with the firearms deer season. The optimal two week-one bird season structure identified by the SDM process will meet these criteria.
5. Consider alternate season dates (e.g., earlier or later opening date in the Southern Zone).
The October 1 start date in the Northern Zone was selected because it represented a time when small game hunters can go afield prior to the start of the firearms deer season. The season dates in the Southern Zone were selected to grant hunters the opportunity to go afield during the peak of small game hunting, prior to the firearms deer season, and to minimize conflicts with archery deer hunting which, harvest data indicate, is higher during early October and early November.
Fall turkey hunting has run concurrently with seasons for other species for several years without complicating or negatively effecting law enforcement or hunter compliance with regulations. It is incumbent upon hunters to know the season dates, legal implements, and other regulations for the species they are pursuing.
Turkey harvest data indicate that hunting activity is highest during the opening week of the fall season regardless of whether is starts on October 1 or mid to late October. In addition, the fall turkey seasons in western New York have opened in mid to late October for several years, so the proposed season start dates are not a significant departure from what hunters there have previously experienced.
9. Federal Standards
There are no federal standards associated with wild turkey hunting.
10. Compliance Schedule
Licensed hunters would have to comply with the new regulations beginning in the fall of 2015, if they are adopted as proposed.
Revised Regulatory Flexibility Analysis
The purpose of this rule making is to amend the wild turkey hunting regulations to revise the fall hunting season structure (i.e., season zones, season length, bag limits) beginning in fall 2015, including a reduction in season length in most areas of the State in response to long-term population declines. A two-week season is proposed for each of three season zones (Northern Zone, Southern Zone, Long Island) with a seasonal bag limit of one bird of either sex. This rule will not impose any reporting, record-keeping, or other compliance requirements on small businesses or local government. Therefore, a Regulatory Flexibility Analysis is not required.
All reporting or record keeping requirements associated with hunting in general, and wild turkey hunting in particular, are administered by the New York State Department of Environmental Conservation (department). Small businesses may, and town or village clerks do, sell hunting licenses, but this rule does not affect that activity. Thus, there will be no effect on reporting or record keeping requirements imposed on those entities.
Based on the department’s past experience in promulgating regulations of this nature, and based on the professional judgment of department staff, the department has determined that this rulemaking may slightly decrease the number of participants or the frequency of participation in fall turkey hunting over the short-term, but will ultimately result in higher participation if and when turkey populations recover from current low levels. Some small businesses currently benefit from hunting because hunters spend money on goods and services, and thus an increase in hunting participation should lead to positive economic impacts on such businesses over the long-term.
Changes in hunting activity will not require any new or additional reporting or record-keeping by any small businesses or local governments. For these reasons, the department has concluded that this rulemaking does not require a Regulatory Flexibility Analysis.
Revised Rural Area Flexibility Analysis
The purpose of this rule making is to amend the wild turkey hunting regulations to revise the fall hunting season structure (i.e., season zones, season length, bag limits) beginning in fall 2015, including a reduction in season length in most areas of the State in response to long-term population declines. A two-week season is proposed for each of three season zones (Northern Zone, Southern Zone, Long Island) with a seasonal bag limit of one bird of either sex. 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 New York State Department of Environmental Conservation (department). Small businesses may, and town or village clerks do, issue hunting licenses, but this rule making does not affect that activity.
Any changes in hunting activity over the short-term or long-term that may result from this rulemaking will not require any new or additional reporting or record-keeping by entities in rural areas, and no professional services will be needed for people living in rural areas to comply with the proposed rule. Furthermore, this rule making is not expected to have any adverse impacts on any public or private interests in rural areas of New York State. For these reasons, the department has concluded that this rulemaking does not require a Rural Area Flexibility Analysis.
Revised Job Impact Statement
The purpose of this rule making is to amend the wild turkey hunting regulations to revise the fall hunting season structure (i.e., season zones, season length, bag limits) beginning in fall 2015, including a reduction in season length in most areas of the State in response to long-term population declines. A two-week season is proposed for each of three season zones (Northern Zone, Southern Zone, Long Island) with a seasonal bag limit of one bird of either sex. The New York State Department of Environmental Conservation (DEC or department) has historically made regular revisions to its hunting regulations. Based on DEC’s experience in promulgating those revisions and the familiarity of regional department staff with the specific areas of the State impacted by this proposed rulemaking, the department has determined that this rule making will not have a substantial adverse impact on jobs and employment opportunities. Few persons, if any, actually use recreational hunting as a means of employment. This rulemaking will help ensure the long-term security of wild turkey populations while providing sustainable harvest opportunities. This rulemaking may slightly decrease the number of participants or the frequency of participation in fall turkey hunting over the short-term, but will ultimately result in higher participation if and when turkey populations recover from current low levels. A more abundant turkey population may benefit local businesses and businesses that sell hunting supplies and equipment.
For these reasons, the department anticipates that this rulemaking will have no impact on jobs and employment opportunities. Therefore, the department has concluded that a job impact statement is not required.
Assessment of Public Comment
The Department received approximately one hundred comments on the proposed amendment. A summary of comments and the Department’s response follows.
Comment:
Many comments stated support for the proposed fall turkey hunting seasons.
Response:
Many commenters were concerned about declines in wild turkey populations and were in favor of the proposed fall turkey hunting regulations and the process used to develop the proposal. The Department appreciates this support and will evaluate the impact of the season changes on harvest and survival to ensure that fall harvest opportunities are sustainable. We will continue to monitor turkey populations, including regional variation based on differences in environmental factors, and adjust seasons as necessary.
Comment:
Some people felt that turkeys were abundant in their local area so no changes to fall hunting regulations were necessary. Others had observed a decline in turkey numbers, but felt that changes to fall hunting regulations would not slow or reverse this trend.
Response:
The Department’s goal when adjusting hunting regulations is to ensure that harvest opportunities are sustainable based on current population levels and ecological conditions. Multiple data sources indicate that turkey populations have declined throughout upstate New York over the past 15 years, and environmental factors such as habitat and predator populations have changed as well. We developed and used a population model based on data from New York to evaluate various harvest alternatives. Although recent studies by the Department indicate that fall harvest rates are relatively low, the model indicated that the proposed season should improve hen survival and did a better job at minimizing the potential negative impacts of harvest on turkey abundance than other season alternatives.
The proposed changes were developed as part of a four-year research study. Department staff banded and radio-tagged hen wild turkeys for two years under the current fall season structure (2013 and 2014) and will continue to do so for two years after the proposed seasons are implemented (2015 and 2016) to assess the effect of this management action. Information on harvest and survival, as well as abundance, productivity, and hunter survey data, will then be used to ensure that fall seasons are appropriate based on current environmental conditions and hunters’ desires, and to update the Wild Turkey Management Plan.
Comment:
The proposed two-week season will not provide enough time for hunters to go afield and have the chance to harvest a turkey.
Response:
The Department surveyed a sample of turkey hunters to help determine the optimal fall season structure. Important factors in hunter satisfaction include hearing and seeing more birds (i.e., a stable or growing turkey population), a fall season that includes at least two weekends, and a season that does not overlap with the firearms deer season. Other survey data indicated that fall turkey hunters in New York spend 4-6 days afield on average, regardless of whether they hunt in a region with a two-week season (i.e., the Lake Plains) or a seven-week season (southeastern New York). We evaluated four harvest alternatives ranging from a conservative season (2 weeks, 1-bird bag limit) to a liberal season (7 weeks, 2-bird bag limit). A two-week season provides the most benefit to the turkey population, while allowing hunters time to continue a similar level of effort, albeit with less choice of when to go afield. The proposed season dates in all three zones do not overlap with one another, so a hunter could hunt turkeys for up to six weeks in total if they were willing to travel around the state.
For perspective, the average maximum season length in Northeast states is 3 weeks, so hunting opportunity in New York would be similar to its neighbors.
Comment:
The proposed season dates are undesirable due to concerns about safety, law enforcement, conflicts with other hunters, and/or hunter preference.
Response:
Some commenters were concerned that the proposed season dates in the Southern Zone pose a safety risk to hunters because of other concurrent hunting seasons and foliage that may still be on trees and limit visibility. However, the proposed season dates in most areas fall within the time frame that seasons have previously been held. The Lake Plains area is an exception, where the season will be about two weeks earlier than it was previously, but consistent with past seasons in other areas of the state. In selecting the proposed season dates, the Department considered the possibility of safety and law enforcement issues but concluded that the proposed dates would not increase the potential for hunting accidents or conflicts with other hunters (e.g., bowhunters). Hunting accidents during fall turkey seasons are rare (about one/year statewide, on average), and the number of incidents between turkey hunters or between turkey hunters and other hunters is negligible. Fall turkey season has run concurrently with seasons for other species for many years without negatively affecting law enforcement or hunter compliance with regulations. It is incumbent upon hunters to know season dates, legal implements, and other regulations for species they are pursuing.
Some commenters stated a preference to hunt turkey in early October or the week just prior to the Southern Zone firearms deer season (early November). Turkey harvest data indicate that hunting activity is highest during the opening week of the fall season regardless of whether it starts on October 1 or mid-late October. In addition, fall turkey seasons in western New York have opened in mid-late October for several years, so the proposed season start dates are not a significant departure from what hunters have previously experienced.
Comment:
The proposed season dates in the Southern Zone (roughly, the last two weeks of October) will result in more turkeys being taken by bowhunters.
Response:
The overlap in fall turkey season and archery-only deer season has existed for many years without evidence of increased take. Furthermore, bowhunting participation is higher in early October and early November than during the proposed season.
Comment:
The fall season should be closed until wild turkey populations increase.
Response:
Although New York’s turkey populations have declined, they can still sustain a limited fall harvest. Closing the fall season would have the greatest benefit to turkey populations, but could disenfranchise the 50,000 New Yorkers who pursue this popular game bird each fall, and undermine a tradition that generations of hunters have enjoyed for over 50 years. The Department does not believe that a complete season closure is warranted at this time.
Comment:
Management efforts to help wild turkeys should focus on improving habitat, not on hunting regulations.
Response:
We agree that changes in habitat quantity and quality over the past 25 years have contributed to the decline in wild turkey populations. As the State’s forests have matured, habitat diversity has declined, negatively influencing turkey nest success and poult survival. The Department is working to improve habitat conditions on State-owned lands, but most land in the State is privately held, so landscape-scale changes in habitat will take a much larger effort to improve conditions for turkeys. Such an effort is outside the scope of the proposed regulations, although Department staff did take habitat conditions (and regional variation in those conditions), into account when developing the regulatory proposal.
Comment:
Hunting and trapping seasons for predators should be liberalized, such as a year-round season for coyotes, to reduce their populations.
Response:
New York already has liberal hunting and trapping seasons for many predators, including coyotes (e.g., six months long, no bag limit), and has proposed additional seasons as predators such as bobcat have increased in number and distribution. Department staff will continue to monitor furbearer populations and modify seasons to accommodate sustainable harvest opportunities for these species; however, expanding seasons for species that prey upon turkeys or their nests is unlikely to improve turkey populations on a large scale.
The Department is opposed to a year-round coyote season for several reasons: 1) during spring and summer, coyote pelts have little or no value and their meat has no redeeming culinary qualities; consequently, coyotes killed at that time would not be killed for any legitimate purpose or use; 2) most coyotes rear their young between early April and mid-summer, so killing adult coyotes during that time would result in pups dying from starvation; and 3) few people would go afield for coyotes during the spring and summer, so even a year-round hunting season would not achieve the high harvest rates needed (about 65% mortality) to reduce coyote numbers.
Comment:
Wild turkeys should be trapped from out of state or parts of New York with higher turkey populations and released in areas with low turkey populations.
Response:
A trap and transfer program would not solve the decline in wild turkey populations. Environmental conditions such as habitat, weather, and predator populations have all played a role in the decline in turkey populations, so introducing “new” birds into the same conditions would only be a short-term fix to a long-term problem. Trap and transfer programs are logistically difficult, cost prohibitive, and have risks such as an increased chance for disease transmission.
Comment:
The bag limit for the fall season should be restricted to male birds.
Response:
Most hunters cannot accurately identify juvenile male turkeys during fall, so this would have to be implemented as a “bearded bird only” regulation, similar to our spring season. This would greatly reduce harvest opportunities as the vast majority of birds in fall are young of the year or hens, as adult males currently make up only about 22% of the total fall harvest. This would place a burden on hunters to confirm the presence of a beard at a time of year when such determinations are more difficult than in spring (when adult males are easily recognized by appearance, calls and behavior), which could result in significant incidental take of non-bearded birds.
Comment:
Some commenters suggested reducing the spring turkey season to improve turkey populations.
Response:
The primary driver of wild turkey populations is survival of hens (females). Current spring regulations are designed to protect breeding hens and minimize disruption to breeding/nesting behaviors. The spring season is currently May 1-31 and has a bag limit of two “bearded” birds, almost all of which are males. Available data indicate that spring harvest of male turkeys does not affect long-term turkey population levels. From 2006-09, the Department conducted an extensive study of survival rates and spring harvest rates statewide. Based on that research, overall spring hunting mortality rate is estimated to be 30–35% in New York. Reducing male harvest rates would increase the proportion of adult gobblers in the population, but it would not affect overall population growth rates. Fall hunting seasons, where a bird of either sex may be taken, are the primary tool managers have for affecting population changes.
Comment:
Expand wild turkey hunting opportunities on Long Island through a longer fall season or a spring season.
Response:
We proposed a modest increase to the current turkey hunting season on Long Island. Fall take per unit effort is higher in Suffolk County than in other parts of the state and other survey data indicate that turkey populations there are similar to parts of the state that have had a longer season, providing evidence that the Suffolk County turkey population can sustain a two-week season. The proposed season for Suffolk County overlaps the regular Southern Zone deer season, so participation and harvest are expected to be low. Harvests during the 5-day fall season to date have been low, averaging about 100 birds per year.
Some commenters favor a spring season in Suffolk County; however, due to multiple uses of public land where turkeys occur in eastern Long Island, a fall season when other hunting seasons are open has fewer potential conflicts between the hunting and non-hunting public than a spring season.
Conclusion
After considering all of the comments received on the proposed changes to fall turkey hunting seasons, the Department has concluded that the proposal as published provides the optimal balance between the enhancement of turkey populations and hunter opportunity and satisfaction. Consequently, the regulation is being adopted as originally proposed.
