BILL NUMBER:S3919

TITLE OF BILL:

An act
to amend the environmental conservation law, in relation to extending
the authority of the department of environmental conservation to manage
deer and bear and extending the authority of the department of
environmental conservation to adopt regulations for hunting in the
northern zone; to amend chapter 600 of the laws of 1993, amending the
environmental conservation law relating to the management of bear, in
relation to the effectiveness of such chapter; to amend chapter 84 of
the laws of 2010 amending the environmental conservation law relating to
the management of migratory game birds, in relation to extending the
effectiveness thereof

PURPOSE OF BILL:

This bill would: (1) extend the authority of the Department of
Environmental Conservation (DEC) to manage big game (white-tailed
deer and black bear); (2) extend the authority of DEC to adopt
regulations for the administration of the muzzle-loading firearm big
game season in the Northern Zone; and (3) extend the authority to
allow-the annual federal regulations to set the State's migratory
game bird hunting seasons and bag limits.

              

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.