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Section 1.30: Deer Management Assistance Permits

Statutory authority: Environmental Conservation Law, §§ 3-0301, 11-0303, 11-0701, 11-0715, 11-0903, 11-0907, 11-0909, 11-0911, 11-0913, 11-0917, 11-1103

[Last Amended: September 8, 2010]

Contents:

Sec.

§1.30 Deer Management Assistance Permits.

(a) Purpose
(b) General Provisions
(c) Open Season
(d) License Requirements.
(e) Legal Harvest.
(f) Permit Eligibility
(g) Application Procedures.
(h) Tag Issuance and Procedures.
(i) Manner of Taking, Transporting, and Reporting.
(j) Other Regulations

(a) Purpose

This section contains the administrative procedures for the issuance and use of Deer Management Assistance Permits. These permits offer an additional tool for the management of the white-tailed deer resource in New York State. A Deer Management Assistance Permit (DMAP) is a special permit issued to a land/resource manager, or a group of land/resource managers, whose property is in need of site specific deer management efforts, and who meet the eligibility criteria established herein. With each DMAP, the Department will issue antlerless deer tags for use on lands owned and/or controlled by the permit holder. Deer taken under a DMAP are in addition to any deer an individual may otherwise legally take.

(b) General Provisions.

The provisions of this section shall apply to the taking of antlerless deer, as described below in subdivision 1.30(e), by longbow, muzzleloader or firearm pursuant to a DMAP as provided by Environmental Conservation Law (ECL) section 11-0903, subdivision 11. The general provisions contained in articles 11 and 71 of the ECL, except as otherwise noted herein, relating to hunting hours, the manner of taking, tagging, possession, transporting, reporting and other hunting regulations, shall apply to the hunting and taking of antlerless deer pursuant to this section.

(c) Open Season

DMAPs are valid during any open deer season established in accordance with sections 11-0903 or 11-0907 of the ECL, except the early archery season occurring in September in the Northern Zone.

(d) License Requirements.

No person shall hunt or take antlerless deer under the authority of a DMAP unless they are licensed to hunt deer during the appropriate hunting season.

(e) Legal Harvest.

Only wild deer without antlers or having antlers measuring less than three inches in length ("antlerless deer") may be taken under the authority of a DMAP.

(f) Permit Eligibility.

Only one application may be submitted per land/resource manager or group of land/resource managers per year. To be eligible for a DMAP, the applicant(s) must meet one of the following criteria:

(1) The applicant(s) owns or controls land(s) where agricultural deer damage has been documented or can be documented by the Department; or

(2) The applicant is a municipality that has a documented deer problem and a Department approved plan for deer management. Participating properties within the municipality need not be contiguous, but the municipality must be the named applicant; or

(3) The applicant(s) owns or controls land(s) where deer damage to significant natural plant communities has been documented or can be documented by the Department. Such damage must be identified in an existing land management plan for the property; or

(4) The applicant(s) owns or controls at least 100 acres of land contained in one or more parcels all sharing a contiguous boundary where forest regeneration is negatively impacted by deer. This negative impact must be identified in an existing forest and/or land management plan for the property. Parcels of less than 100 acres may also be considered, if enrolled in the Real Property Tax Law Section 480a program. Two or more landowners may cooperate to meet the acreage requirements; or

(5) The applicant(s) owns or controls at least 1000 acres of land contained in one or more parcels all sharing a contiguous boundary. Two or more landowners may cooperate to meet the acreage requirements. A deer management plan specifically designed for the property must be submitted to and approved by the appropriate regional office of the Department.

(g) Application Procedures.

Application for a DMAP shall be made through the DEC regional wildlife office in the Region where the land(s) is located. Application forms, permit summary cards, antlerless deer carcass and report tags will be supplied by the Department. There is no fee for the application and issuance of a DMAP. All applications are subject to the following requirements:

(1) Application postmark deadline is September 1 prior to the opening of the big game hunting seasons for that license year. Applications not meeting this deadline will be considered at the discretion of the Department.

(2) Each application must designate one person to be the named "permit holder" who will serve as the contact for all communication with the Department. This person must have authority to represent all parties having a controlling interest in deer hunting activities on the property(s) identified in the application. This person shall be responsible for the distribution of all DMAP tags and provide other information the Department may deem necessary under the permit.

(3) The application form must include the Farm Service Agency (FSA) number or the tax map identification number as recorded in the county clerk's office for the property(s) included in the DMAP application.

(4) Each application shall describe the background and scope of the deer problem or state the deer management goals and the reasons why such goals cannot be met through standard hunting seasons and permits. Where a deer management plan is not otherwise required under this section, such a plan may be required at the discretion of the Department.

(5) Information regarding past deer harvests, existing conditions, and deer management objectives within the Wildlife Management Unit(s) in which the application is applied for, will be considered each year to determine DMAP eligibility.

(6) Nothing in this section shall be construed as requiring or obligating the Department to issue DMAPs when in its opinion the nuisance problem will not be effectively abated thereby or when in its opinion the deer management goals of the applicant can effectively be met though effective utilization of existing deer hunting opportunities.

(h) Tag Issuance and Procedures.

Under a DMAP, a specified number of antlerless deer carcass and report tags will be issued to the applicant in accordance with the following:

(1) The maximum number of tags issued will be no more than one for every 50 acres of land identified in a DMAP. At the discretion of the Department, additional tags may be issued for instances of deer damage that are documented or can be documented by the Department.

(2) DMAP tag(s) are valid only on the land(s) specified in the DMAP.

(3) Deer taken under this subdivision are in addition to the one deer per year authorized in section 11-0907 of this title.

(4) No more than two DMAP tags may be used per hunter per year, except that the Department, in its discretion, may authorize the use of up to two additional tags per hunter in Wildlife Management Units where the Buck Take is expected to significantly exceed the Buck Take Objective. For those permits where more than two tags per hunter may be used, the permit conditions shall state the number of tags allowed per hunter.

(5) DMAP tags may not be sold.

(6) It shall be the responsibility of the permit holder to distribute all DMAP tags. DMAP tags shall not be transferred or reissued other than by the permit holder.

(i) Manner of Taking, Transporting, and Reporting.

(1) Immediately upon taking a deer under the authority of a deer management assistance permit (DMAP), the taker must use a pen to sign the carcass tag and fill in all information on the carcass tag. The carcass tag must be attached to the deer, except the carcass tag does not need to be attached while the deer is actually being dragged to a camp, dwelling, or point where transportation is available. The carcass tag must not be removed until the deer is prepared for consumption. The taker must report each harvested deer to the permit holder.

(2) Antlerless deer taken pursuant to this section must not be transported without the carcass tag attached to it except in accordance with the provisions of subdivisions 4 and 5 of section 11-0911 of the ECL.

(3) The permit holder is responsible for submitting to the department a report of all harvested deer taken under the authority of their DMAP within five business days of the close of the deer hunting season in the area where the DMAP has been issued.

(j) Other Regulations.

All information requested on the DMAP application must be complete in order to receive consideration. The Department may revoke or suspend a DMAP where it is obtained through fraud, or where it is obtained by persons not entitled to a DMAP, or where false statements are made in applying for a DMAP. Failure to comply with conditions of the DMAP and/or violations of the fish and wildlife law may result in revocation of a DMAP and/or denial of future DMAP applications at the discretion of the Department.