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Section 1.20: Deer Management Permits - Application and Issuance

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

[Effective date: July 3, 1971]

[Last Amended: September 30, 2009]

Contents:

Sec.

§1.20 Deer management permits - application and issuance.

(a) Purpose
(b) Application process
(c) Application categories and selection order
(d) Application processing and DMP issuance
(e) Subsequent application period(s)
(f) Successful applicants
(g) Unsuccessful first permit applicants
(h) Incomplete, incorrect, or illegible applications
(i) Any person who makes a false statement
(j) Damaged or lost DMP carcass tag
(k) Bonus DMPs
(l) Sale of DMPs

(a) Purpose. This section contains the application and issuance procedures for deer management permits. A deer management permit (DMP) is a special permit issued to an individual or group of individuals allowing the holder to take a deer in a specified wildlife management unit (WMU) in addition to any deer an individual may otherwise legally take. WMUs are defined in Section 4.1 of this Title.

(b) Application process. (1) Generally. Application may be made at all license issuing agents, by telephone, by internet or by mail. Forms may be obtained from hunting license issuing agents, Department of Environmental Conservation offices, the Department's website and by mail from the Department. Each application must include the choice of the WMU or WMUs for which a permit(s) is desired.

(2) Initial Application period. The deadline for the initial application period is October 1st. In order to receive consideration, applications for the Initial Application period made by phone, internet or at license issuing agents shall be submitted on or before October 1st for that license year. Applications submitted by mail shall be postmarked on or before October 1st for that license year.

(3) Mail Applications. Each group member must sign and date the application, to the effect that he/she has read and understands the certification on the application and the rules and regulations contained in the official information sheet and that all information furnished by him/her is true and correct.

(4) Application fees. All applications must include the fee required in accordance with Section 11-0913 of the Environmental Conservation Law. This fee will be waived for holders of junior archery, junior hunting, and lifetime sportsman (if bought prior to October 1, 2009) license types. Monies received in excess of the application fee will not be refunded.

(c) Application categories and selection order will be as follows: (1) An applicant with three of more preference points may be issued his/her first choice DMP during the initial application period.

(2) Landowner/disabled veteran applications. Approximately 50 percent of the DMP issuance target for each WMU shall first be available to persons or spouses of persons owning 50 acres or more in one or more parcels, which share a common boundary, in the same WMU, or to disabled veterans having 40 percent or greater service-related disability.

(i) Proof of landownership. The group member who is the owner or spouse of the owner of the 50 acres or more of land shall provide proof of land ownership, the WMU where the land is located and the tax map identification number for the property as recorded in the county clerk's office. When a parcel of land is jointly owned, only one of the co-owners may apply for landowner preference as the landowning member. When land is owned by a corporation, only one person designated by the corporation shall apply for landowner preference, and this person shall obtain an original letter or a certified copy of a resolution adopted by the governing body of the corporation designating him/her by name as the one authorized to apply. The applicant shall present this letter at the time of application. Where lands are being purchased under an executory contract of sale, such transactions shall be duly recorded in the office of the county clerk in the county in which the lands are situated. Failure to comply with any of these requirements shall be cause for denial of the application for landowner preference. An application which is submitted without valid proof of landownership, but is otherwise correct, may be processed as a nonlandowner application.

(ii) Proof of disabled veteran status. The group member who is a veteran with 40 percent or greater service-related disability shall provide proof of disability, in the form of a letter from the U.S. Veterans Administration, the N.Y.S. Division of Veterans Affairs, or a branch of the U.S. Military dated during the calendar year of application, on letterhead with an original signature, certifying the disability. Failure to comply with any of these requirements shall be cause for denial of the application for disabled veteran preference. An application which is submitted without valid proof of disability, but is otherwise correct, may be processed as a regular application.

(3) Resident applications. Permits remaining after landowner/disabled veteran permits have been issued shall next be available to applications containing at least one New York State resident.

(4) Non-resident applications. Any permits remaining after all resident applications have been processed shall then be available to applications with no New York State residents.

(5) Non-selectee preference certificate credits. Within applicant categories preference will be given to applications containing nonselection credits from previous year(s). Preference will be administered, highest to lowest, with those with the greatest number of nonselection credits being issued permits first.

(6) Second permits. In WMUs in which the optimal number of DMPs is not expected to be achieved through the issuance of first permits, additional permits may be available as second permits. Applications requesting second permits will be processed in accordance with the categories, selection order, and preferences described in Subdivison (c) of this Section.

(d) Application processing and DMP issuance. (1) If a WMU over-subscription is expected, a random number, ranging from 0.0 to 1.0, shall be computer generated for each applicant. If this random number is less than or equal to the predetermined probability for that applicant class, the permit will be issued. If the number is greater than the predetermined probability for that applicant class, the permit will not be issued.

(2) In the event that any applicant is denied either a first or second permit during the initial application period in a WMU in which the optimum number of permits were not issued, permits may be issued to previously denied applicants in accordance with the categories, selection order, and preferences described in Subdivision (c) of this section. Such permits will be mailed to selected applicants. Permit issuance will continue until the optimal number of permits have been issued or until all previously denied applicants have been issued permits, whichever comes first. For non-selectee preference purposes, these permits will be considered to have been issued during the initial application period.

(e) Subsequent application period(s). In WMUs for which the number of applications received results in the issuance of less than the optimal number of DMPs, the Department may reopen the application process at license issuing agents only and issue DMPs on a first-come, first-served basis until the optimal number of DMPs have been issued. In addition, "Bonus DMPs," described in subdivision (k) of this section, may be issued at the Department's discretion.

(f) Successful applicants. A validated DMP will be issued by the license issuing agent or mailed to the successful applicant or the group leader of successful applicants.

(g) Unsuccessful first permit applicants. Non-selectee preference points will be issued by the license issuing agent or mailed to the unsuccessful applicant or the group leader of each group not receiving a first choice permit during the initial application period.

(h) Incomplete, incorrect, or illegible applications will not receive consideration and will be denied or returned to the applicant as incomplete. An applicant whose application cannot be processed because it is incomplete, incorrect or illegible will forfeit any non-selected preference credits submitted.

(i) Any person who makes a false statement in the application for a DMP is in violation of ECL §71-0921. A DMP obtained by fraud is void. A DMP is void if the applicant offered false statements or information in the application. Any application received from a person or group who has failed to make payment for previously issued permits will not receive consideration and will be denied or returned to the applicant as incomplete.

(j) A damaged or lost DMP carcass tag may be replaced by any license issuing agent.

(k) Bonus DMPs. In any WMU where the Department determines that limited access, hunter numbers or legal implements hinder the achievement of needed harvest, the Department may issue bonus DMPs. The Department will annually determine if these permits are valid for deer of either sex or antlerless deer only. Either sex or antlerless only harvest restrictions will be stated on the application, and permittees must comply with any such harvest restrictions.

(1) Eligibility. Upon successfully filling a DMP by killing an antlerless deer in any WMU where the Department has determined that bonus permits will be issued, a hunter may obtain a bonus DMP valid in the same WMU in which the antlerless deer was taken. Bonus permits will be issued on a first come first served basis. The Department may limit the number of bonus permits issued to each hunter. Also the Department may terminate the issuance of Bonus DMPs at any time. Persons wishing to obtain a bonus permit, after harvesting an antlerless deer, must meet the following application requirements:

(i) The Department may require the head or whole carcass of the antlerless deer and the report tag be taken to a deer check station/permit outlet.

(ii) A sworn statement must be submitted stating the WMU in which the deer was taken.

(2) Permit issuance. The Department or a designated agent will issue a bonus DMP to successful applicants. No fee is required.

(l) "Sale of DMPs." No person shall buy, sell or offer to sell a DMP.