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Parts 1 and 4 - Single Species and Species Management Areas (White-tailed Deer and Black Bear) - Express Terms Adopted July 11, 2012

Express Terms

Repeal 6 NYCRR sections 1.16, 1.17, 1.22, and 1.29, and adopt new Section 1.11 "Deer hunting seasons" to read as follows:

1.11 Deer hunting seasons.

(a) Seasons.

(1) Northern Zone

(2) Southern Zone

(3) Westchester County and Suffolk County

(b) Valid Tags.

(c) License requirements.

(1) Any person who hunts or takes deer during a bowhunting, muzzleloading or regular season must possess, on his or her person, a license and carcass tag valid to hunt deer during that particular season.

(d) Other requirements.

(1) During the regular season in Westchester and Suffolk Counties, white-tailed deer may only be taken by longbow.

(2) During all seasons in Wildlife Management Units 4J and 8C, white-tailed deer may only be taken by longbow.

(3) During the youth firearms season, junior bowhunters, hunting pursuant to a junior bowhunting license, may only take deer by longbow. Junior hunters, hunting pursuant to a junior hunting license, may take deer with a firearm or crossbow.

(4) During the youth firearms season, junior hunters may take only one deer, of either sex, by use of a firearm.

(5) It is unlawful for any person to hunt or take a deer during the muzzleloading deer season except with a muzzleloading firearm capable of being loaded with only one charge.

(6) During the Northern Zone muzzleloading season, the types of deer that may be legally harvested, the open Wildlife Management Units (WMUs) as described in section 4.1 of this Part are as set forth below.

Adopt new section 6 NYCRR 1.13 "Deer management focus areas" to read as follows:

1.13 Deer Management Focus Areas.

(a) Purpose. This section provides for the establishment of Deer Management Focus Areas to enable intensive management of over-abundant deer populations in defined areas of the State, consistent with the Department's Management Plan for White-tailed Deer.

(b) Delineation of Deer Management Focus Areas.

(1) Deer management focus area #1 - Those parts of Tompkins County beginning at the mouth of Glenwood Creek near Duboise Corner and southerly along the west shore of Cayuga Lake; thence easterly and all other variations thereof along the south shore of Cayuga Lake; thence northerly along the east shore of Cayuga Lake to the mouth of Salmon Creek near Myers; thence northeasterly along Salmon Creek to Ridge Road (34B); thence easterly along Ridge Road to Auburn Road (34B) in south Lansing; thence easterly along Auburn Road to Peruville Road near Terpening Corners; thence easterly along Peruville Road to Scofield Road in Howland Corners; thence southerly along Scofield Road to Asbury Road, thence southeasterly along Asbury Road to Dryden Road; thence easterly along Dryden Road to Hanshaw Road; thence southerly along Hanshaw Road to State Highway 13; thence easterly along State Highway 13 to Dryden Road (State Highway 13); thence easterly along Dryden Road (State Highway 13) to Ringwood Road; thence southerly and southwesterly along Ringwood Road to Ellis Hollow Creek Road; thence southerly along Ellis Hollow Creek Road to Ellis Hollow Road; thence southeasterly along Ellis Hollow Road to Slaterville Road; thence easterly along Slaterville Road to Boiceville Road; thence southerly along Boiceville Road to Valley Road; thence westerly along Valley Road to White Church Road; thence westerly and southerly along White Church Road to Caroline Depot Road; thence westerly along Caroline Depot Road to Coddington Road; thence southerly along Coddington Road to Miller Road; thence Westerly along Miller Road to Nelson Road; thence northerly and westerly along Nelson Road to Danby Road; thence northerly along Danby Road to Comfort Road; thence westerly and southerly along Comfort Road to Jersey Hill Road; thence westerly along Jersey Hill Road to King Road; thence westerly and northerly along King Road to Jersey Hill Road; thence southerly and westerly along Jersey Hill Road to Blakeslee Hill Road; thence westerly along Blakeslee Hill Road to Danby Road; thence northerly along Danby Road to Decker Road; thence northerly along Decker Road to Elmira Road; thence westerly along Elmira Road to Van Ostrand Road; thence westerly along Van Ostrand Road to Butternut Creek Road; thence southwesterly along Butternut Creek Road to Douglas Road; thence northwesterly along Douglas Road to Stone house Road; thence northwesterly along Stonehouse Road to Woodard Road; thence westerly along Woodard Road to Hines Road; thence northerly along Hines Road to Enfield Falls Road; thence northwesterly along Enfield Falls Road to Enfield Main Road; thence northerly along Enfield Main Road to Bostwick Road; thence easterly along Bostwick Road to Sheffield Road; thence northerly along Sheffield Road to Krums Corners Road; thence northerly along Krums Corners Road to Perry City Road; thence easterly along Perry City Road to Glenwood Road; thence southeasterly along Glenwood Road to Glenwood Creek; thence easterly along Glenwood Creek to the point of beginning.

(c) Deer Management Focus Area permit and carcass tags.

(1) Any person currently licensed to hunt deer may obtain a free Deer Management Focus Area permit and carcass tag(s) from the Department.

a. The Deer Management Focus Area permit and carcass tags are not valid unless a Department-issued registration number is written on the permit.

b. Both the Deer Management Focus Area permit and carcass tag(s) must be carried while hunting in the focus area.

(2) A Deer Management Focus Area permit and carcass tag is valid only within the area(s) defined in subdivision (b) of this section.

(3) Immediately upon taking a deer, the hunter must fill out the Deer Management Focus Area carcass tag in the manner described in the Environmental Conservation Law 11-0911.

(4) Hunters must submit to the department a hunting activity log and reports of all deer harvested in a Deer Management Focus Area, and any other information as directed on the Deer Management Focus Area permit, no later than seven days following the close of the Deer Management Focus Area season. The procedures for reporting a harvested deer shall be described on the Deer Management Focus Area permit.

(d) Hunting in a Deer Management Focus Area.

(1) In addition to the deer hunting seasons listed in section 1.11 of this Part, the Deer Management Focus Area season will also be open, for taking of antlerless deer only, from the second Saturday in January through January 31 in any area designated as a Deer Management Focus Area.

(2) Within a Deer Management Focus Area, a hunter may use any legal hunting implement lawful for deer hunting during the respective seasons established in section 1.11 of this Part. During the Deer Management Focus Area season, a hunter may use any implement also lawful during any other season in that area.

(3) Any regular or special season tag, Deer Management Permit valid in that Wildlife Management Unit, or Deer Management Assistance Program tag valid for a property within the Deer Management Focus Area may be used within the boundaries of a Deer Management Focus Area during their respective valid season. The manner of taking and tagging requirements for deer taken on regular or special season tags, Deer Management Permits, or Deer Management Assistance Program tags shall be as described in Environmental Conservation Law 11-0911. Reporting requirements for deer taken on any such tags within the Deer Management Focus Area shall be the same as for other areas of the state. Reporting requirements for deer taken on Deer Management Focus Area tags shall be fulfilled by submitting the activity log described in paragraph (c)(4) of this section.

(4) In addition to deer taken pursuant to paragraph (d)(3) of this section, during any open season in the Deer Management Focus Area, a hunter may take up to two antlerless deer per day using Deer Management Focus Area carcass tags described in subdivision (c) of this section.

Adopt new subparagraph 6 NYCRR 1.18 (d) (1) (iii) to read as follows:

(iii) During the youth firearms season, junior hunters may use a regular season tag for a deer of either sex.

Amend subdivision 6 NYCRR 1.21 (b) to read as follows:

(b) Open season. [Southern Zone] DMPs are valid during any [Southern Zone] deer hunting season. [Northern Zone DMPs are valid during the Northern Zone regular big game season and during the Northern Zone muzzleloader season following the Northern Zone regular big game season.] Use of DMPs during the bowhunting or muzzleloader season requires possession of a valid big game license granting special bowhunting or muzzleloading season privileges.

Amend paragraph 6 NYCRR 1.21 (c) (3) "Hunting under deer management permits" to read as follows:

(3) The manner of tagging and transporting deer taken on a DMP or Bonus DMP shall be as described in Environmental Conservation Law 11-0911. [Immediately upon taking the DMP deer, the taker must separate the permit and carcass tag from each other and fill in the information requested using indelible ink or indelible pencil. The taker must also immediately remove from the carcass tag or mark with indelible ink the month and date of kill where printed along its edges. The carcass tag must be attached to the deer as described on the permit before the deer is moved, except that the carcass tag need not be attached to the deer while it is being dragged or physically carried to a camp, dwelling, or point where other transportation is available. The carcass tag must not be removed until the deer is prepared for consumption. A DMP is void if the carcass tag is detached from the report tag prior to taking a deer.]

Repeal subdivision 6 NYCRR 1.24 (c) and adopt new subdivision 1.24 (c) to read as follows:

(c) Open area. Suffolk County.

Amend paragraph 6 NYCRR 1.27 (a) (2) to read as follows:

(2) The table below describes the minimum antler requirements, by Wildlife Management Unit (WMU) as described in section 4.1 of this title, for an antlered deer to be legally taken.

Existing subdivision 6 NYCRR 1.31 (b) is repealed and a new subdivision 6 NYCRR 1.31 (b) is adopted as follows:

(b) "Bear hunting seasons." Bears may be taken only during the open seasons and areas listed below:

(1) Regular bear seasons:

(i) Legal implements for regular bear season are the same as for regular deer season.

(ii) Black bear may only be taken by longbow in Westchester County (WMU 3S).

(2) Early bear season:

(i) Legal implements for early bear season are the same as for regular bear season.

(3) Bowhunting bear seasons:

(i) Any person who hunts or takes bear during bowhunting season must possess[, on his or her person,] a license and carcass tag valid to hunt big game granting special bowhunting season privileges.

(ii) Any person participating in the bowhunting bear hunting season may not have in his or her possession, or be accompanied by a person who has in his or her possession, any hunting implement other than a legal longbow.

(4) Muzzleloading bear seasons:

(i) Any person who hunts or takes bear during muzzleloading season must possess[, on his or her person,] a license and carcass tag valid to hunt big game granting special muzzleloading season privileges.

(ii) Any person participating in the muzzleloading bear hunting season may not have in his or her possession, or be accompanied by a person who has in his or her possession, a firearm other than a muzzleloading firearm which is lawful for taking big game.

Amend paragraphs 6 NYCRR subdivision 4.1 (a) (34) and (35) to read as follows:

(34) Unit 5A. Those parts of Clinton, Essex and Franklin Counties lying within a continuous line beginning at the intersection of the New York-Canada boundary and State Route 30; thence southerly along State Route 30 to US Route 11 in Malone; thence easterly along State Route 11 to [State]Franklin County Route 24 (Brainardsville Road); thence easterly along [State]Franklin County Route 24 to State Route 190 in Brainardsville; thence easterly through Ellenburg along State Route 190 (Star Road, Military Turnpike) and southeasterly along State Route 190 to State Route 374; thence westerly along State Route 374 to Rand Hill Road; thence southerly along Rand Hill Road to State Route 22B in Morrisonville; thence southerly along State Route 22B to the intersection of State Route 22 at Peru; thence southerly along State Route 22 to the intersection of State Route 9N at Keesville; thence northeasterly along State Route 9N to the intersection of US Route 9; thence northerly along State Route 9 to the Little Ausable River in Clinton County; thence easterly along the south bank of the Little Ausable River to Lake Champlain; thence easterly along a line projected due east to the New York-Vermont boundary; thence northerly along the New York-Vermont boundary to the New York-Canada boundary; thence westerly along the New York-Canada boundary to the point of beginning.

(35) Unit 5C. Those parts of Clinton, Essex and Franklin Counties lying within a continuous line beginning at the intersection of State Route 11 and State Route 30 in Malone; thence southerly along State Route 30 to State Route 86 at Paul Smiths; thence easterly along State Route 86 to Franklin County Route 55; thence easterly on State Route 55 to Essex County Route 18; thence southeasterly along County Route 18 to State Route 3; thence northeast along State Route 3 to Essex County Route 18; thence easterly along Essex County Route 18 (Franklin County Route 48), to State Route 431 near the North Pole; thence easterly along State Route 431 to State Route 86 near Wilmington; thence easterly on State Route 86 to State Route 9N at Jay; thence northerly along State Route 9N to the intersection of State Route 22 at Keeseville; thence northerly along State Route 22 to the intersection of State Route 22B at Peru; thence northerly along State Route 22B to the intersection of Rand Hill Road to State Route 374 at West Plattsburg; thence easterly on State Route 374 to State Route 190 (Military Turnpike, Star Road); thence northwesterly along State Route 190 to Franklin County Route 24 at Brainardsville; thence westerly on [State]Franklin County Route 24 to US Route 11; thence westerly along State Route 11 to the point of beginning.