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 season for black bear.
Purpose:
To lengthen the black bear hunting season in the Catskill bear range.
Text of proposed rule:
Paragraph 1 of subdivision 1.31(b) of 6 NYCRR is amended as follows:
(1) Regular bear seasons:
Bear range
Open season
Adirondack
next to last Saturday in October through the first Sunday in December
Allegany
first Saturday after the opening of the Southern Zone regular deer season through the end of the Southern Zone regular deer season
Catskill
[the first Monday after] the opening of the Southern Zone regular deer season through the end of the Southern Zone regular deer season
Rest of State
Closed
Text of proposed rule and any required statements and analyses may be obtained from:
Jeremy Hurst, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4754, (518) 402-8867, e-mail: jehurst@gw.dec.state.ny.us
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Additional matter required by statute:
A programmatic environmental impact statement 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 (ECL) directs the Department of Environmental Conservation (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 11-0907 contain the Department's authority to establish black bear hunting regulations.
2. Legislative Objectives
The legislative objective behind the statutory provisions listed above is to 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, and to protect public health and welfare.
3. Needs and Benefits
The Department proposes to change the black bear hunting regulations by modifying the opening day of the regular season for bear hunting in the Catskill bear range. The new opening day would be two days earlier than the current regulation and would coincide with the opening day for the Southern Zone regular deer season. This change is expected to increase the harvest of bears by hunters, reduce bear population growth, and lessen the number and severity of negative bear-human interactions.
In recent years black bear numbers have been continually increasing, and bears have expanded their distribution and abundance throughout the Catskill bear range. The opportunistic behavior of black bears coupled with increased human density in the Catskill bear range has contributed to a growing number of negative interactions between bears and people.
Bear abundance, bear nuisance complaints, and hunter harvest have all increased since 1980. An especially troublesome trend has been the dramatic increase in the number of home entry incidents in the last five years. In these cases, black bears break into the living area of a residence to look for food. Between 2001 and 2003, the Department recorded only 3 to 5 home entry bears in the Catskill bear range. Recently, however, the Department recorded 21 to 45 home entry bears in this area in each of the last three years. Bears involved in home entry incidents cause significant property damage, and are considered dangerous toward people. The Department's standard operating procedures require destruction of home entry bears.
Beginning in 2001, the Department held a series of meetings in the Catskill bear range to address black bear management issues that have resulted from increasing numbers of bear-human interactions since 1980. This process resulted in the adoption of the Statewide Black Bear Management Plan, and included the creation and use of Stakeholder Input Groups (SIGs). SIGs are tasked to identify the full array of bear impacts, and to help the Department develop black bear management objectives. Two SIGs were established during the fall and winter of 2003–04 to prioritize these impacts, and recommend actions which reduce the negative impacts of bears in the Catskill bear range.
Both Catskill SIG groups concurrently recommended that bear populations not be allowed to increase in size. Consequently the Department expanded the areas open to bear hunting in the Catskill range in both 2004 and 2006.
One of the last remaining management actions recommended by the two Catskill SIGs was a change to the regular season by creating a concurrent opening day with the regular deer season, and eliminating the two day lag between the regular deer and bear seasons. By taking this action, deer hunters who are afield during the first weekend of the deer hunting season will be able to take a black bear. Since a majority of deer hunters hunt on the opening weekend, a higher take of black bears can be expected. This change will increase bear harvest, thereby reducing black bear damage to residential property, and lowering the number of negative bear-human incidents, including home entry bears, and damage to agricultural interests.
4. Costs
There are no costs associated with these regulatory changes beyond normal administrative costs.
5. Local Government Mandates
This rule making does not impose any program, service, duty or responsibility upon any county, city, town, village, school district or fire district.
6. Paperwork
The proposed revisions do not require any new or additional paperwork from any regulated party.
7. Duplication
There are no other local, state or federal regulations concerning hunting season structure and license use. The Department is the primary government agency with regulatory authority for the managed harvest of game species in New York.
8. Alternatives
Failure to implement actions to control the number and distribution of bears will result in the continued growth of the Catskill bear population and the continued increase in the number of negative bear-human incidents, including home entry bears. It could also result in an increase in the number of destruction permits issued outside of the normal seasons.
9. Federal Standards
There are no federal standards affecting this regulatory proposal.
10. Compliance Schedule
Hunters will be subject to the new regulation beginning with the start of the 2007 regular bear hunting season in the Southern Zone.
Regulatory Flexibility Analysis
The proposed rule making will lengthen the bear hunting season in the Catskill range of the 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 Catskill range of 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 bear hunting season by two days 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, recordkeeping, or other compliance requirements on small businesses or local governments. All reporting or recordkeeping 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 lengthen the bear hunting season in the Catskill range of 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 Catskill range of 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 expand the bear hunting season by two days 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 Catskill bear range. 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, recordkeeping, or other compliance requirements on public or private entities in rural areas. All reporting or recordkeeping 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 lengthen the bear hunting season in the Catskill range of 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 Catskill range of 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 bear hunting season by two days 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.
