Extends the authority of the department of environmental conservation to authorize hunting of various game

Summary of provisions

Section 1 of the bill would amend Section 13 (the effective date provision) of Chapter 600 of the Laws of 1993 to extend until October 1, 2014, the expiration date applicable to several provisions of the Fish and Wildlife Law related to the taking of deer.

Section 2 of the bill would amend Environmental Conservation Law (ECL) § 11-0903(8), (9)(a) and (10) to extend, until October 1, 2014, DEC's authority to: (1) regulate the taking of bear and the possession and disposition of bear parts, and the intentional and incidental feeding of bears; (2) fix by regulation special open seasons for taking wild deer of either sex when in its opinion deer shall become numerous enough to cause substantial damage to property and over browsing; and (3) adopt regulations with respect to the manner of taking of, the possession of, and open seasons and bag limits for deer.

Section 3 of the bill would amend ECL § 11-0913(1)(a) to extend, until October 1, 2014, DEC's authority to issue Deer Management Permits.

Section 4 of the bill would amend ECL § 11-0907(8)(c) to extend, until October 1, 2014, DEC's authority to establish a special deer hunting season in the Northern Zone for muzzle-loading firearms.

Section 5 of the bill would amend Section 5 of Chapter 84 of the Laws of 2010, to extend until October 1, 2014 the provisions of the Fish and Wildlife Law that allow annual federal regulations to set the State's migratory game bird hunting seasons and bag limits.

Section 6 of the bill would provide for an immediate effective date.

Existing Law:

ECL §§ 11-0907(1)(c), 11-0907(2)(a) and (b), 11-0907(3)(a), (b) and (c), and 11-0911(3), related to the taking of dear, are repealed effective October 1, 2011 pursuant to Section 13 of Chapter 600 of the Laws of 1993.

ECL §§ 11-0903(8), 11-0903(9)(a), 11-0903(10), and 11-0913(1)(a) authorize DEC to adopt by regulation certain management measures for deer and bear until October 1, 2011. DEC's authority in ECL 11-0907(8)(c) to establish a special deer hunting season in the Northern Zone for muzzle-loading firearms expires on October 1, 2011.

ECL § 11-0307(1) provides that DEC may adopt regulations in relation to migratory game birds provided the regulations are no less restrictive than federal regulations. ECL § 11-0903(1) provides that open seasons and bag limits shall be those published annually in the Federal Register by the U.S. Department of the Interior, unless DEC adopts regulations, and requires DEC to provide notice of the open seasons and bag limits by press release and any other means that DEC determines is appropriate and effective, including posting on DEC's public website. ECL § 11-0905(2)(a) provides that the open seasons and bag limits for migratory game birds are fixed annually by federal regulation, unless the State adopts regulations. These provisions expire on May 1, 2011 pursuant to Chapter 84 of the Laws of 2010.

Prior legislative history

DEC's regulatory authority for dear and bear was last extended by Chapter 149 of the Laws of 2007. The authority to establish a special muzzle-loading season was last extended by Chapter 140 of the Laws of 2007. The authority to allow federal regulations to establish seasons and bag limits for migratory game birds was established in Chapter 84 of the Laws of 2010.

Statement in support

Authority to set regulations for big game provides a timely administrative process which optimizes the effectiveness of harvest management techniques. Each of the ECL provisions pertaining to management of black bear and deer is critical. Achieving management objectives for these species requires the ability to tailor seasons, bag limits, and other hunting regulations to reflect changing conditions for management units in the State, which would be continued by the bill. The ability to amend regulations provides the

flexibility needed to respond to these needs on a timely basis. In the absence of the bill, DEC's deer and bear management programs would revert to the "default" statutes, thereby instituting archaic and ineffective big game management regimes.

The bill would also extend DEC's authority to set by regulation the length and timing of the early and late Northern Zone muzzle-loading seasons, and to specify the taking of deer of either sex, antlerless deer only, legal bucks only, or any combination thereof. This flexibility allows DEC to set muzzle-loading seasons to most effectively promote recreational hunting and herd control. For example, in areas with large deer populations and a high potential for conflict with bow hunters, a late muzzle-loading firearm season would provide an additional opportunity for taking of deer while minimizing conflicts with other hunters. In the Adirondacks, concern about lower deer numbers might result in a short, early muzzle-loading season.

The State's migratory game bird hunting regulations, including season dates, must be set in accordance with federal regulations adopted under authority of the Migratory Bird Treaty Act (16 U.S.C 703-712). Migratory game bird population levels fluctuate annually in response to a variety of environmental factors, including weather conditions, predation, and human activities, such as land use changes and harvest. As a result, federal regulations for migratory birds are adjusted annually. The final federal regulations historically have not been issued until late August or early September each year. There is no expectation that this timeline will change because it is driven by annual conduct and analysis of waterfowl breeding surveys. As a result, DEC has often been forced to issue emergency regulations to conform State migratory game bird hunting regulations to the federal regulations in time for opening day.

The purpose of Chapter 84 of the Laws of 2010 was to eliminate the need for annual rulemaking by DEC to adjust season dates and bag limits. Federal regulations provide opportunity for public comment, and are based on information and input received from New York, including DEC and stakeholders. Season dates and bag limits are used to achieve harvest objectives and equitably distribute hunting opportunity among hunters. Regulations governing the manner of taking improve the quality of recreational activity, provide for a variety of harvest techniques, afford migratory game bird populations with additional protection, provide for public safety, and protect private property. This bill would extend the authority provided in Chapter 84, so that the federal regulations can continue to set the seasons and bag limits in New York.

Budget implications

This bill would not have an impact on the State budget.

Effective date

The bill would take effect immediately.