Part 187: Miscellaneous Black Bear Regulations
(Statutory authority: Environmental Conservation Law, §§3-0301(2)(m), 11-0521, 11-0903(8), 11-0923 and 11-0928)Contents:
Sec.
§187.1 Black bear feeding
(a) Definitions. For the purpose of this Section, the following terms have the indicated meanings:
(1) Feeding means using, placing, giving, exposing, depositing, distributing or scattering any material with the intention of attracting or enticing a bear.
(2) Indirect or incidental feeding means using, placing, giving, exposing, depositing, distributing or scattering any material for a purpose other than to attract or entice bears but which results in the attraction or enticement of a bear.
(3) Person means any individual, co-partnership, organization, association, firm or corporation.
(4) Bear means any black bear existing in a wild state.
(5) Department means the Department of Environmental Conservation.
(b) Prohibitions. It is a violation for any person to:
(1) feed bears within 500 feet of any occupied building (unless the building is owned or leased and occupied by that person), school, playground, paved public road, designated or established campsite, landfill, dump or municipal waste transfer site or dumpster;
(2) feed bears within 100 feet of any other building, any unpaved public road or trail, or body of water;
(3) feed bears or attempt to attract or entice a bear to take or lick anything from any part of his or her own body or another person's body;
(4) feed a bear anything that is destructive or harmful or the carcass or any part of an animal with a contagious disease;
(5) feed a bear anything containing metal, glass, plastic, paper, cardboard or porcelain;
(6) feed bears during an open bear hunting season or during the nine days immediately prior to an open season within the area of the open season;
(7) engage in any indirect or incidental feeding of bears if the activity occurs after written notice from the department to the person responsible for such indirect and incidental feeding. Notification will be given by the department based on an analysis of the likelihood of an injury to a human, bear or other animal or of the likelihood of property damage resulting from such indirect or incidental feeding;
(8) nothing in this section is construed to prohibit the possession afield and use of up to 1.5 fluid ounces of a liquid scent or lure;
(9) nothing in this Section is construed to restrict in any way the attraction, capture or taking of black bears by the department for management or research purposes.
(c) Enforcement. The feeding of black bears, as prohibited by this section is a violation. Indirect or incidental feeding is also a violation if it occurs after notification as provided in paragraph 7 of subdivision (b) of this section.
§187.2 Training of dogs on black bears
(a) Definitions. For the purpose of this section, the following terms have the indicated meanings:
(1) Certified black bear tracking dog means a dog that is used to track, trail, pursue and tree black bear pursuant to a black bear tracking dog license, issued as provided by this section; that is licensed, collared, identified and vaccinated against rabies in accordance with the Agriculture and Markets Law; and that is one of the following breeds or a cross among these breeds: Airedale, American Black and Tan Coonhound, Bluetick Coonhound, Majestic Tree Hound, Mountain Cur, Leopard Cur, English Coonhound, Plott Hound, Redbone Coonhound and Treeing Walker.
(2) License means a black bear tracking dog license issued pursuant to this section, authorizing the use of certified black bear tracking dogs as specified in this section and subdivision 6 of section 11-0923 of the Environmental Conservation Law.
(3) Licensee means a person who is the holder of a black bear tracking dog license.
(4) Northern training area means wildlife management units (as defined in section 4.1 of this Title) 5A, 5C, 5F, 5G, 5H, 5J, 6A, 6C, 6F, 6G, 6H, 6J, 6k< 6N, and 6R.
(5) Southern training area means wildlife management units (WMUs) (as defined in section 4.1 of this Title) 3A, 3C, 3F, 3G, 3H, 3J, 3K, 3M, 3N, 4G, 4H, 4L, 4M, 4N, 4O, 4P, 4R, 4S, 4T, 4U, 4W, 4X, 4Y, 4Z, 7R, 7S, 8P, 8R, 8S, 8T, 8W, 8X, 8Y, 9J, 9K, 9M, 9N, 9P, 9R, 9S, 9T, 9W, 9X, and 9Y; in the part of WMU 7M south of Route 80; in the part of WMU 8N north of Y ates County Route 10; and in the part of WMU 8J lying south or west of a continuous line extending from the junction of Route 364 and Ontario County Route 1 at Cottage City, then southerly along Ontario County Route 1 to Route 245 in Rushville, then northeasterly along Route 245 to Route 941F, the southerly along Route 941F to Ontario County Route 29, then southeasterly along Ontario County Route 29 to Yates County Route 2, then southeasterly and easterly along Yates County Route 2 to Route 14A, then southerly along Route 14A to Route 54 in Penn Yan.
(6) Bear means any bear of the family Ursidae.
(7) Department means the Department of Environmental Conservation.
(8) Relaying means the act of replacing dogs or a pack of dogs during a chase or pursuit of a bear.
(9) Reversible attractants mean conditions that attract bears where the conditions can be removed, made unattractive or inaccessible to bears.
(b) Black bear tracking dog license.
(1) Qualifications. An applicant for a license must:
(i) provide proof of possession of a current New York big game hunting license; and
(ii) not have been convicted of, pled guilty to, or settled by civil settlement or otherwise for, the illegal taking of a bear or the illegal sale of bear parts within the last five years.
(2) Issuance. Applicants who meet the qualifications for a license must submit a completed, signed application and:
(i) a $25 fee for a license valid for one year; or
(ii) a $100 fee for a license valid for five years.
(3) Entitlements.
(i) A black bear tracking dog license issued by the department entitles the licensee to train and use certified black bear tracking dogs to track, trail, pursue and tree bears from July 1 until nine days before the opening of the northern zone early bear season in the northern training area and from July 1 until October 6 in the southern training area. A licensee may also assist with the alleviation or halting of damage caused by bears as provided in subdivision (c) of this section.
(ii) Residents of any age and non-residents under the age of 18, who have not been issued a black bear tracking dog license and have not been convicted of, pled guilty to, or settled by civil settlement or otherwise for, the illegal taking of a bear or the illegal sale of bear parts within the last five years may accompany a licensee during the training and use of certified black bear tracking dogs to track, trail, pursue and tree bears.
(iii) Non-residents 18 years old and older who have not been issued a black bear tracking dog license, but do possess a current New York big game hunting license and have not been convicted of, pled guilty to, or settled by civil settlement or otherwise for, the illegal taking of a bear or the illegal sale of bear parts within the last five years, may accompany a licensee during the training and use of certified black bear tracking dogs to track, trail, pursue and tree bears.
(4) Conditions.
(i) No person may capture, take, kill or attempt to kill a bear with the aid of a dog except by permit issued pursuant to subdivision 1 of Section 11-0521 of the Environmental Conservation Law.
(ii) No person may possess a longbow, pistol, rifle, shotgun or firearm of any kind while using dogs to track, trail, pursue or tree bear except under a permit issued pursuant to subdivision 1 of section 11-0521 of the Environmental Conservation Law.
(iii) Black bear tracking dog training hours will be from one half hour before sunrise to sunset.
(iv) Only certified black bear tracking dogs may be used to track, trail, pursue or tree bears.
(v) At least two but no more than eight certified black bear tracking dogs must be used to track, trail, pursue or tree bears, except an additional four certified black bear tracking dogs may be brought in to the tree for purposes of training after the chase has ended and the bear is treed.
(vi) No relaying of packs or dogs is allowed when tracking bear.
(vii) Each black bear tracking dog must have a tag which includes the owner's name, address and telephone number.
(viii) No more that 12 people may accompany a pack of dogs during the tracking, trailing, pursuit or treeing of bears.
(ix) At least one person accompanying the pack must be a licensee.
(x) No licensee may release dogs after a bear when the ambient air temperature or the reported ambient air temperature as reported in the local weather report for that area is above 85 degrees Fahrenheit.
(xi) Licensees will make every effort to completely terminate any bear chase or to remove their dogs and leave a treed bear whenever the ambient air temperature is above 90 degrees Fahrenheit, or when the bear is observed panting.
(xii) Licensees must complete and return any survey, questionnaire or daily diary provided by the department.
(xiii) The department may at any time amend license conditions establishing reporting requirements. Licensees will be notified in writing of any license condition amendments and the period of time during which they are in effect.
(c) Deployment of black bear tracking dogs pursuant to a chase permit.
(1) In addition to training seasons established by this section, the department may also issue permits to chase nuisance bears with trained, certified black bear tracking dogs when all of the following conditions are met.
(i) The department receives a complaint of damage to property or threat to public health or safety caused by one or more bears; and
(ii) The department examines the evidence of damage or threat and identifies any reversible attractants and all practical non-lethal control methods for the complainant; and
(iii) The complainant has removed or remediated any reversible attractant and tried all practical non-lethal control methods, but the damage or threat continues; and
(iv) The department determines that tracking dogs are essential to manage the nuisance bear or bears.
(2) If, after two or more chases, pursuant to a chase permit, the damage or threat still continues, the department may issue a permit to destroy the nuisance bear if there is a strong likelihood that the nuisance bear can be identified. This destroy permit may, at the department's discretion, include the use of trained, certified black bear tracking dogs to tree the bear for identification prior to destruction.
(3) After the above conditions are met, chase and destroy permits may be issued by the department at any time and any place.
(4) Nothing in this section may be construed to prohibit the use of dogs by the department to aid in the capture or taking of bears for management or research purposes.