PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of sections 6.2 and 6.3 of Title 6 NYCRR.
Statutory authority:
Environmental Conservation Law, sections 11-0303, 11-1101 and 11-1103
Subject:
Trapping.
Purpose:
To update and improve trapping regulations.
Text of final rule:
Title 6 of NYCRR, section 6.2, entitled "Mink, muskrat, raccoon, opossum, weasel, red fox, gray fox, skunk, coyote, fisher, bobcat and pine marten trapping seasons and bag limits," is amended as follows:
Repeal existing paragraph 6.2(a)(2) and adopt new paragraph 6.2(a)(2) to read as follows:
(2) Raccoon, red fox, gray fox, skunk, coyote, opossum and weasel.
"Open season"
"Wildlife management units"
November 1st to February 25th, except closed for coyote
5A, 5C, 5F, 5G, 5H, 5J, 6A, 6C, 6F, 6G, 6H, 6J, 6K and 6N. Body-gripping traps set on land may not be set with bait or lure.
October 25th to February 15th
All other WMUs
Repeal existing paragraph 6.2(a)(5) and adopt new paragraph 6.2(a)(5) to read as follows:
(5) Pine marten.
"Open season"
"Wildlife management units"
October 25th to December 10th
5C, 5F, 5G, 5H, 5J, 6F and 6J
Closed
All other WMUs
Title 6 of NYCRR, section 6.3, entitled "General regulations for trapping beaver, otter, mink, muskrat, raccoon, opossum, weasel, red fox, gray fox, skunk, coyote, fisher, bobcat and pine marten," is amended as follows:
Repeal existing paragraph 6.3(a)(4) and adopt new paragraph 6.3(a)(4) as follows:
(4) Trap check.
(i) Traps set for taking wildlife in the Southern Zone, as defined in Environmental Conservation Law section 11-0103, must be visited once in each 24 hours.
(ii) Traps set for taking wildlife in the Northern Zone, as defined in Environmental Conservation Law section 11-0103, must be visited as follows:
"Trap check interval"
"Wildlife management units"
Visited once in each 48 hour period
5C, 5F, 5G, 5H, 5J, 6F, 6J and 6N
Visited once in each 48 hour period
5A, 6A, 6C, 6G, 6H and 6K for traps set in water during the open season for beaver, otter, mink and muskrat.
Visited once in each 48 hour period
5A, 6A, 6C, 6G, 6H and 6K for body-gripping traps set on land.
Visited once in each 24 hour period
5A, 6A, 6C, 6G, 6H and 6K for restraining traps as defined in subdivision (i) of section 6.3 of this part.
Repeal existing paragraph 6.3(a)(7) and adopt new paragraph 6.3(a)(7) as follows:
(7) It is unlawful for any person to disturb a beaver den or house (an aggregate of sticks and mud, either free-standing in water or connected to a bank) at any time. This restriction does not apply to holes in a bank without a den or house. It is unlawful for any person to trap on a beaver dam or within 15 feet thereof, measured at ice or water level, except under the following conditions:
(i) During an open otter season.
(ii) During a closed otter season when using one of the following traps:
(a) body-gripping trap that measures less than 5.5 inches;
(b) foot encapsulating trap, as defined in subdivision (i) of section 6.3 of this part;
(c) leg-gripping trap (or "foothold trap") that measures 4.75 inches or less;
(d) cage or box trap, as defined in subdivision (i) of section 6.3 of this part;
A new paragraph 6.3(a)(17) is added to read as follows:
(17) "Use of carcasses." Any carcass, as defined in subdivision (i) of section 6.3 of this part, used as bait and placed or used in conjunction with a leg-gripping trap ("foothold trap") shall be completely covered at the time the trap is set or visited. Coverings shall include but not be limited to brush; branches; leaves; soil; snow; water; or enclosures constructed of wood, metal, wire, plastic or natural materials; and must completely cover the carcass so that it is not visible from directly above.
Repeal existing subdivision 6.3(b) and adopt new subdivision 6.3(b) to read as follows:
(b) "Pine marten permit."
(1) No person shall trap pine marten unless he or she possesses a revocable pine marten permit.
(2) An application for a pine marten permit may be obtained from the department's Ray Brook or Warrensburg offices, or from the department's web site.
(3) The holder of a pine marten permit must comply with all conditions stated on that permit.
(4) Only furbearer possession tags stamped with the word "marten" may be used to tag pine marten in accordance with the procedure provided for in subdivision (c) of this section.
Repeal existing subdivision 6.3(e) and adopt new subdivision 6.3(e) to read as follows:
(e) "Possession of dead animals or their parts."
(1) The carcasses, flesh, organs, glands, head, hide, feet, fur or parts thereof of red fox, gray fox, mink, beaver, muskrat, opossum, raccoon, skunk, weasel, bobcat, fisher, river otter, pine marten, and coyote legally taken may be possessed, transported and bought and sold without restriction.
(2) Small game found dead on a public highway during an open season and in a wildlife management unit with an open season may be possessed, transported, bought, and sold by an individual licensed to hunt or trap each respective animal. The tagging and sealing requirements described in subdivision 6.3 (c) of this section are applicable.
Adopt new subdivision 6.3(i) to read as follows:
(i) "Definitions." For the purposes of implementing Title 11 of Article 11 of the Fish and Wildlife Law, and part 6 of this subchapter, these terms have the following meanings:
(1) Public highway. The traveled portion of a public highway. Culverts, drainage ditches, and the area under bridges are not considered the traveled portion of a public highway.
(2) Carcass. The body or parts thereof, meat, organs or viscera of an animal, including fish. Feathers (including feathers with attached skin or entire bird wings), hair (with or without skin or hide), and bones that include no attached meat, organs or viscera, are excluded from this definition.
(3) Suspension. This term applies to animals fully suspended in the air by means of the trap anchoring system (typically a chain, cable or wire). It does not apply to traps set in water or to traps that are directly and firmly attached to an elevated structure, such as a tree.
(4) Restraining trap. A device used to capture and restrain a mammal. These traps include leg-gripping traps ("foothold traps"), foot encapsulating traps, and cage or box traps.
(5) Foot encapsulating trap. A trap with the following mechanical attributes: The triggering and restraining mechanisms are enclosed within a housing; the triggering and restraining mechanisms are only accessible through a single opening when set; the opening does not exceed 2 inches in diameter; and the trap has a swivel mounted anchoring system.
(6) Cage or box trap. A type of restraining trap that fully encloses a captured animal within wood, wire, plastic, or metal.
Final rule as compared with last published rule:
Nonsubstantive changes were made in section 6.3(a), (e) and (i).
Text of rule and any required statements and analyses may be obtained from:
Gordon R. Batcheller, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233, (518) 402-8885, email: wildliferegs@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 Environmental Conservation Law (ECL) addresses the general purposes and policies of the Department of Environmental Conservation (department) in managing fish and wildlife resources. Sections 11-1101 and 11-1103 of the ECL authorize the department to regulate the taking, possession and disposition of beaver, fisher, otter, bobcat, coyote, fox, raccoon, opossum, weasel, skunk, muskrat, pine marten and mink ("furbearers").
2. Legislative objectives:
The legislative objective behind the statutory provisions listed above is to authorize the department to establish the methods by which furbearers may be taken by trapping.
3. Needs and benefits:
The department proposes new regulations to improve the trapping and management of furbearers in New York State. Each element of the proposal is explained below:
Regulate the use of carcasses used as bait
The department proposes to regulate the use of carcasses used as bait to attract furbearing animals to foothold traps. Trappers using foothold traps would be required to cover a carcass so that birds of prey could not see the carcass from directly above.
Birds of prey may be attracted to carcasses that are used to bring furbearing animals close to traps set on the ground. This raises the chances that an owl, hawk, or eagle may be accidentally caught in traps. The use of carcasses to attract furbearing animals is a common practice, especially to lure coyotes, bobcat, fisher, or marten to areas where foothold traps are used. This proposal does not prohibit this practice, but simply requires trappers to fully cover the carcass so that it is not visible from directly above to birds of prey. In practice, this means that the carcass would need to be covered with branches, leaves, snow, water, other natural materials, or human-constructed containers. The trapper would be required to ensure that any carcass used as bait is covered at the time the trap is set or checked. Because birds of prey rely primarily on their sense of vision, while furbearers rely heavily on locating food by scent, the proposed requirement to cover carcasses is expected to be effective at preventing incidental captures of birds of prey while having minimal impacts on the success of efforts to trap legal furbearers.
Reform trap check regulation in the Northern Zone for land sets
The department proposes to establish a uniform 48 hour trap check requirement for body-gripping traps set on land in the entire Northern Zone. (These traps work by killing an animal, typically within 3-5 minutes.) Already, the trap check requirement is 48 hours in much of the Adirondacks and Tug Hill region. This proposal would extend the 48 hour trap check requirement to an additional six wildlife management units (WMUs) primarily in Region 6, but for body-gripping traps only.
The ECL requires a 24 hour trap check in all areas of the Southern Zone. In the Northern Zone, a 48 hour trap check is allowed but the department has regulatory authority to also establish a shorter trap check in all or parts of the Northern Zone. Currently, a 48 hour trap check is allowed for traps set in water throughout the Northern Zone. For traps set on land, a 48 hour trap check is allowed in 8 WMUs. (This was done primarily in recognition of the remote nature of trapping in the central Adirondacks.) This proposal extends the 48 trap check requirement to an additional 6 WMUs, primarily in Region 6 (and also a part of Clinton County), but only for body-gripping traps. By design, body-gripping traps are designed to catch and kill an animal quickly, typically within 3-5 minutes. Therefore, from an animal welfare perspective there is no difference whether these traps are checked at a 24 hour or 48 hour interval. Allowing the longer interval will accommodate trappers who run long "trap lines" and enable them to save fuel and time when checking their traps.
Reform regulation on trapping near a beaver dam during a closed otter season (statewide)
The department proposes to allow the use of selective traps on or near beaver dams during a closed otter season on a statewide basis. The current regulations prohibit the placement of any traps on or within 15 feet of a beaver dam, regardless of the species being sought, during a closed trapping season for otter. This regulation was enacted to afford protection to otter from being caught incidentally in traps set for other species, primarily beaver. Specifically, the department proposes to allow the use of the following traps on or within 15 feet of a beaver dam during a closed otter season: body-gripping traps that measure less than 5.5 inches; foot encapsulating traps with an opening that measures 2 inches or less; foothold traps that measure 4.75 inches or less; and cage or box traps. The proposal would maintain the protection of otter while providing a liberalization that would benefit trappers seeking other species including muskrat, mink, raccoon, and fox.
Extend land trapping in the Northern Zone
The department proposes to allow Northern Zone trappers to trap for all land species (e.g., foxes, coyotes, raccoon) except bobcat, fisher, and American marten until February 15th. (The season currently closes on December 10th.) To lower the chances that fisher or marten may be caught during the closed season, trappers would not be allowed to use body-gripping traps on land during the lengthened trapping season unless the traps are set without lures or baits.
Currently, land trapping seasons in much of the Northern Zone allow for the taking of bobcat, fisher, and marten from October 25th through December 10th. During this period trappers may also harvest other furbearers, including raccoon, red fox, gray fox, skunk, coyote, opossum, and weasel. Trappers may continue to harvest these other furbearers in WMUs 6A, 6C, 6G, 6H, and 6K through February 15th. The department proposes to extend land trapping seasons for these furbearers (excluding bobcat, fisher, and marten) in those WMUs where the season currently closes on December 10th. This extension would allow for the trapping of raccoon, red fox, gray fox, skunk, coyote, opossum, and weasel in WMUs 5A, 5C, 5F, 5G, 5H, 5J, 6F, 6J, and 6N from October 25th through February 15th resulting in a consistent season for these furbearers within the entire Northern Zone. During the lengthened trapping season in these WMUs, body-gripping traps would not be allowed to further protect fisher and pine marten.
Expand marten trapping to new WMUs
The department proposes to open four new WMUs to marten trapping (currently three WMUs are open to marten trapping). Also, the regulations pertaining to the issuance of a marten trapping permit would be simplified.
In 1978, and after a 42-year closure, New York reopened the trapping season for American (pine) martens in a 500-mi2 area of the High Peaks region of the Adirondacks. Since that time the department has incrementally increased the area where trappers can legally harvest martens; currently the open trapping area consists of approximately 6,000-mi2 in WMUs 5F, 5H, and 6J (i.e., central Adirondacks). An increase in the open trapping area over the past 32 years has been justified based on an expanding marten population into its historic Adirondack range. This population expansion has been documented by incidental captures by trappers targeting fishers and other furbearers, as well as observations of biologists, Environmental Conservation Officers, and Forest Rangers. Therefore, the department proposes to expand the open trapping area for martens to include WMU 5C, 5G, 5J, and 6F in addition to the existing open area of WMU 5F, 5H, and 6J. This expansion would result in an additional area of approximately 4,300-mi2 where martens could be trapped. All other existing regulations for the taking of marten would remain in effect, ensuring effective harvest and population monitoring of this species. Due to a conservative marten trapping season and limited access to much of this region, the division expects that expanding the open trapping area would not negatively affect New York's marten population.
Possession of dead furbearing animals found on public highways
The department proposes to allow trappers and small game hunters to transport, possess, sell, or buy dead furbearers found on the highway. The regulation would allow licensed trappers or small game hunters to keep furbearing animals if found in a location and during a time when the respective trapping or small game hunting season is already open. For example, in an area with an open fisher trapping season, a licensed trapper would be able to possess a fisher found dead on a public highway.
This proposal would allow the lawful possession of road-killed animals if they are collected by a licensed individual, and the respective trapping or small game hunting season is open. (Small game hunters are allowed to hunt bobcats, coyotes, foxes, and raccoons.) This would eliminate the waste of perfectly good pelts, and in the case of certain species (e.g., bobcat, fisher, marten, otter) enable the easier collection of biological information on animals that otherwise would not be examined. For species that require pelt seals, trappers and small game hunters would still be required to get a pelt seal for the continued legal possession of road-killed animals. Thus, the department will be be able to collect more information on the population status of these species than is currently available.
Definition of terms
Several terms used in the Environmental Conservation Law should be defined to provide clarity for both trappers and enforcement personnel. The department proposes to define the term "public highway" to clearly include the traveled portion of the highway; to define "carcass" to provide for the enforcement of the new regulation on the restriction on the use of carcasses; to define the term "suspension" so that the prohibition on setting traps in a manner that suspends an animal is clear; and several modern traps are defined so that they are clearly allowed for use wherever foothold traps are lawful.
4. Costs:
None, other than the administrative costs associated with notifying trappers of the changes, and the costs associated with enforcing new regulations.
5. Local government mandates:
This rulemaking does not impose any program, service, duty or responsibility upon any county, city, town, village, school district or fire district.
6. Paperwork:
The proposed rules do not impose additional reporting requirements upon the regulated public (trappers).
7. Duplication:
There are no other local, state or federal regulations concerning the taking of furbearing animals.
8. Alternatives:
With the exception of the proposal to regulate the use of carcasses near traps, the proposals generally liberalize trapping opportunities or simplify trapping regulations. In the case of the proposal to regulate the use of carcasses to avoid the capture of birds of prey, the department could step up our efforts to further educate the public about the need to take measures to protect these species. However, reasonable outreach efforts have already occurred and given the serious consequences associated with capturing, injuring, or killing birds of prey, a regulatory approach with the associated enforcement capacity should now be implemented.
9. Federal standards:
There are no federal government standards.
10. Compliance schedule:
Trappers will be required to comply with the new rule as soon as it takes effect.
Revised Regulatory Flexibility Analysis
The purpose of this rule making is to amend trapping regulations to improve trapping and furbearer management programs in New York State. Small businesses or local governments will not be directly affected by the proposed rule making because it applies only to individual persons who are licensed to trap in New York State. 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 increase the number of participants or the frequency of participation in trapping. Some small businesses currently benefit from trapping because trappers spend money on goods and services, and thus an increase in trapper participation could lead to positive economic benefits for such businesses. However, this rule will not impose any new reporting, record-keeping or other compliance requirements on small businesses or local governments. For the above reasons, the department has concluded that this rulemaking does not require a formal Regulatory Flexibility Analysis.
Revised Rural Area Flexibility Analysis
The purpose of this rule making is to amend trapping regulations to improve trapping and furbearer management programs in New York State. Trappers will not have to comply with any new or additional reporting or record-keeping requirements, and no professional services will be needed for people living in rural areas (or elsewhere) to comply with the proposed rule. Furthermore, this rule making is not expected to have any adverse economic impacts on any public or private entities in rural areas of New York State. For these reasons, the department has concluded that this rulemaking does not require a formal Rural Area Flexibility Analysis.
Revised Job Impact Statement
The purpose of this rule making is to amend trapping regulations to improve trapping and furbearer management programs in New York State. 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 increase the number of participants or the frequency of participation in trapping statewide. Trapping does not often involve professional guide services or other employment opportunities, and relatively few jobs exist as a direct result of trapping. The department expects that the net impact on jobs or employment opportunities to be negligible.
For all of the above 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 comments on the proposal. The comments and the responses follow:
Comment:
Small body-gripping traps used on land during the extended trapping period in the Northern Zone should be allowed.
Response:
The final rule removes the requirement to use only restraining traps in the Northern Zone from December 11-February 15. The use of body-gripping traps with bait or lure will be prohibited to protect fisher and marten.
Comment:
Additional opportunity for land trapping in the Northern Zone is welcomed, and may provide for management of furbearer populations.
Response:
The department concurs.
Comment:
Trappers should not be required to "ensure that any carcass used as bait is covered at all times," because trappers are unable to control acts of nature that may uncover the carcass. The proposal already requires that the carcass must be covered at the time the trap is set or visited.
Response:
The department concurs and the final regulation has been amended to remove this statement.
Comment:
The department's regulation on the use of carcasses should require that traps be placed in enclosures that will exclude birds.
Response:
This is not practical since foothold traps are typically set in a manner that takes advantage of the investigative behavior of furbearers. The use of an enclosure would preclude effective trapping. The new regulation requires that carcasses be covered so that birds of prey are not attracted to these locations.
Comment:
The department should clarify the requirements for tagging, transportation, buying and selling of any animal collected by a licensed hunter or trapper on a roadway.
Response:
The final regulation clearly allows the transportation, buying, and selling of these animals without restriction.
Comment:
In the definition of "carcass," the word "meat" should be removed. A dried wing, hair or piece of bone contains small amounts of meat that are useful as attractants for some furbearers.
Response:
The definition of "carcass" was rewritten to clearly allow the use of visual attractants. To avoid a law enforcement loophole, the department has retained the word "meat." This means that a portion of a carcass could not be used unless it was covered. It also means that bones may have no attached meat to avoid the chances that a bird of prey may be caught. The department will issue guidance for trappers on the new restrictions, including clarification that small amounts of dried muscle is not a violation.
Comment:
Additional opportunity for trapping marten will provide for improved monitoring of this species.
Response:
The department concurs.
Comment:
A 48 hour trap check in the Northern Zone for body-gripping traps set on land will allow additional opportunity and provide better management of furbearers.
Response:
The department concurs.
Comment:
Trapping near beaver dams is welcome because they are a focal point for many furbearers. DEC should modify the proposal to allow the use of cable restraints for nuisance beaver; and allow the use of modified body-gripping traps.
Response:
The use of cable restraints for catching nuisance beaver is authorized by a different law (Title 5 of the Fish and Wildlife Law), and they can only be used in conjunction with permits issued under 11-0521 to resolve wildlife nuisance or damage. The purpose of the proposal is to liberalize trapping on and near beaver dams to increase trapping success for raccoons, foxes, and coyotes. River otter may still be vulnerable to capture, and the use of large body-gripping traps raises the chances that an otter may be killed. The department has not made the change recommended in this comment.
Comment:
DEC should drop the proposal to allow trapping close to muskrat houses. This change will not make it easier for young trappers to trap muskrats because muskrat lodges are in deep water; trappers will not be challenged; muskrats may be overharvested; future restrictions on muskrat harvest should not include reducing the length of the season; DEC should instead open trapping seasons on a weekend when the young people can go afield; and the change would increase the chances that birds would be caught in traps. The proposal is not needed to aid young trappers to more easily catch muskrat. The proposed change will also increase the chances that a bird may be captured. It may also increase the chance that an otter would be captured in areas where otter trapping is not allowed.
Response:
The department has dropped the proposal to change the muskrat trapping regulation, and the notice of adoption exclude the change that would have allowed trapping within 5 feet of a muskrat lodge.
Comment:
The department's pine marten permits should remain free.
Response:
The department concurs.
Comment:
The proposed change to allow trapping within 15 feet of a beaver dam will result in the capture of otter in areas closed to otter trapping. The small foothold traps that would be permitted also can catch river otter, and some people may have a hard time releasing captured otter.
Response:
The use of small foothold traps is appropriate and the capture of river otter will be minimized by the use of these traps and other selective devices. Also, the release of live river otter is not an unreasonable task for most trappers.
Comment:
The definition of the term "suspension" should accommodate the use of body-gripping traps.
Response:
The department concurs; this will be explained in the annual Hunting and Trapping Law and Regulations Guide ("Guide").
Comment:
The fisher and marten trapping season should start and end later allowing trappers to take these furbearers when they are prime.
Response:
The department has collaborated with Cornell University to develop a furbearer management system, including examining the adjustment of season lengths and timing for fisher (and subsequently marten). Results of this research are not yet available and therefore, the department does not plan to change the trapping season dates for these two species at this time.
Comment:
The proposal to allow the possession of road-killed wildlife is sound, however, the department should clarify that animals may also be transported, bought, and sold as if they were part of the legal take of each respective species. The department should also ensure that both beaver and coyote may be kept, even though they may not be pelt-sealed. Also, it should be clear that any furbearer with an open season in a location where it is found dead on a highway may be kept.
Response:
The department concurs, and the final regulation has been modified to clarify these points.
Comment:
Cable restraints should be included in the definition of a restraining trap.
Response:
The proposal amends regulations pertaining to trapping pursuant to a trapping license and the authorities contained in Title 11 of the Fish and Wildlife Law ("Trapping"). The use of cable restraints is authorized by Title 5 of that law (section 11-0521) for use in conjunction with permits issued to resolve wildlife nuisance or damage and the department administers those laws separately from Title 11; the definitions included in this rulemaking apply only to Title 11 and its implementing regulations. Therefore, cable restraints have not been added to the definition of a restraining trap.
Comment:
The department should clarify what items may be used as visual attractants.
Response:
The definition of "carcass" has been modified to clearly identify visual attractants that may be used to attract furbearers. However, while it is not feasible to list all potential visual attractants, the annual Guide will be used to explain any subsequent questions posed by trappers about the interpretation and enforcement of the new regulation.
Comment:
The fisher season should be extended because their range and populations are expanding.
Response:
The department did not address the length of fisher trapping seasons in this proposal. Fisher are monitored and their populations are increasing, however, the department is not prepared to propose additional trapping opportunity at this time.
Comment:
The department should be clear about setting traps near muskrat lodges. In particular, it is not clear whether a trap may be set in front of a muskrat den.
Response:
The department has dropped the proposal to allow trapping within five feet of a muskrat lodge.
Comment:
To ensure selective trapping, the use of fish or muskrat carcasses should not be allowed.
Response:
The new regulation on the use of "exposed carcasses" prohibits the use of all exposed carcasses, including fish or muskrat carcasses. They will need to be covered at the time the trap is checked. These requirements will be clarified in the annual Guide.
Comment:
The set back distance for trapping near muskrat houses should be three feet, not five.
Response:
The department has dropped the proposal to allow muskrat trapping within five feet of a muskrat lodge.
Comment:
The department should allow bobcat trapping during the extended trapping period in the Northern Zone.
Response:
The department does not have adequate information to justify additional trapping of bobcat in the Northern Zone.
Comment:
The department should use the term "foothold trap" instead of "leghold trap" in all its regulations.
Response:
The term "foothold trap" is accurate because anatomically, the foot of an animal is held in foothold traps, not the leg. However, the Environmental Conservation Law currently uses the term "leg-gripping"so it is necessary to retain the use of this term in the supporting regulations. The department's proposal includes a definition of restraining traps, including the use of the term "foothold trap."
Comment:
The department should support the use of cable restraints for trapping beaver.
Response:
Cable restraints are very effective and humane for trapping beaver, and may be used under a special permit issued to address wildlife nuisance or damage. However, the department does not have the authority to allow their use during a regular trapping season, but supports legislative proposals to authorize the use of cable restraints for trapping beaver during trapping seasons.
Comment:
The changes to the trap check regulations are sensible. The department should support allowing a 48 hour check for traps set in water throughout the state.
Response:
The department concurs.
Comment:
The restriction on the use of carcasses should be changed so that a trap could be set beyond 20 or 30 feet from an exposed carcass.
Response:
The department considered establishing a set-back distance for setting traps near exposed carcasses, but decided that a requirement that all carcasses be covered would be easier to enforce, and more understandable.
Comment:
The definition of suspension should ensure that body-gripping traps may be used on running poless.
Response:
The Guide will clarify that these are allowed.
Comment:
The restriction on the use of carcasses should include a size description of bait.
Response:
There is no intention to allow the use of a piece of meat of any size to attract furbearers, unless that meat is covered. For example, a "chunk" of beaver meat, with or without the associated bones, may be used to attract a coyote or fisher, but if left uncovered, the meat could attract a bird of prey. Therefore, the wording of the final language has been amended to clarify that pieces of meat also need to be covered.
Comment:
The department's regulations are far too complicated, and make it difficult to lawfully trap.
Response:
The department generally agrees that uniform and simple regulations enhance compliance and enforcement. In fact, this rulemaking includes several changes intended to reduce complexity while not jeopardizing responsible management of furbearer populations. However, some degree of complexity is necessary to strike a balance between allowing opportunity on species able to withstand harvest pressures in at least some of their range while ensuring that adequate protection is afforded to those species or parts of the state where more liberal opportunity is not sustainable.
