§ 11-0903 — Open hunting seasons and bag limits fixed by regulation

New York § 11-0903

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 9: Hunting
• Art. 11: Fish and Wildlife

Text

§ 11-0903. Open hunting seasons and bag limits fixed by regulation.\n * 1. Open seasons and bag limits with respect to migratory game birds\nshall be those published annually in the federal register by the U.S.\nDepartment of the Interior, unless the department adopts regulations\npursuant to section 11-0307. Notice of such open seasons and bag limits\nshall be provided by department press release and any other means that\nthe department determines to be appropriate and effective, including\nposting on the department's public website.\n * NB Effective until December 31, 2027\n * 1. Open seasons and bag limits with respect to migratory game birds\nshall be those fixed by the department in regulations pursuant to\nsection 11-0307, to conform with federal regulations made under\nauthority of the Migratory Bird Treaty Act of July 3, 1918 (16 U.S.C.\n§§ 703-711).\n * NB Effective December 31, 2027\n 2. The department may fix annually by regulation the open seasons and\nbag limits for wild game of the following species, until the date\nspecified:\n a. Hungarian partridge;\n b. black, gray and fox squirrels, bobcat, lynx, coyote, fox, European\nhare, varying hare and cottontail rabbits, and may regulate or prohibit\nthe use of dogs in hunting varying hare during any regular open season\nfor deer;\n c. pheasants anywhere in the state other than Long Island;\n * c-1. pheasants on Long Island, but only for those individuals who\nhold a junior license, and provided that such youth pheasant hunting\ndays are held prior to the start of the open season as indicated in\nparagraph d of subdivision two of section 11-0905 of this title;\n * NB Repealed December 31, 2028\n d. raccoon;\n e. wild turkeys;\n f. frogs, salamanders, turtles, lizards and snakes.\n Such open seasons and bag limits may be fixed for the entire state,\nexcept on Long Island in the case of pheasants, or for any county or\npart thereof, giving due regard to abundance of the species and\npotential hunting pressure. The department may regulate the taking,\npossession and disposition of wild turkeys.\n 3. Any open season for pheasants, fixed by regulation of the\ndepartment in the counties of Albany, Clinton, Columbia, Delaware,\nDutchess, Essex, Franklin, Fulton, Greene, Herkimer, Jefferson, Lewis,\nMontgomery, Oneida, Orange, Oswego, Otsego, Putnam, Rensselaer,\nRockland, St. Lawrence, Schenectady, Sullivan and Ulster shall include\nthe intervening Sundays as part of such open season.\n 4. The department shall fix annually by regulation open seasons and\nbag limits for ruffed grouse and, whenever possible, and in its opinion\nit is in the public interest, shall make such seasons run concurrently\nwith open seasons for taking woodcock.\n 5. Whenever in its opinion deer shall become numerous enough, on state\nor federal lands closed to the hunting of deer with firearms, to require\npopulation control for proper deer management, the department may by\nregulation permit the taking of deer of either sex, by long bow only, on\nsuch lands or any parts thereof during the regular open season for the\nsurrounding area as provided in subdivision 2 of section 11-0907,\nprovided, however, that no regulation adopted pursuant hereto shall\ninclude within its provisions any of the areas set forth in subdivision\n5 of section 11-0907. Only persons properly licensed to hunt during the\nspecial archery season established in paragraph a of subdivision 1 of\nsection 11-0907 shall be eligible to hunt pursuant to this subdivision.\n 6. a. Whenever investigation made by the department within the\nAdirondack park shows that deer have become numerous enough to cause\noverbrowsing of the range within any "Wilderness Hunting Area" defined\nin section 11-0103, the department may fix by regulation an open season\nfor taking antlerless deer in a tract within such area. The boundaries\nof any such tract shall not be less than three miles from any state,\ncounty or township road. Any such open season shall be fixed within the\nopen season established by law, in the county or part of the county\naffected, for deer having antlers not less than three inches in length.\nFor the purposes of this subdivision and of other provisions referring\nthereto, "antlerless deer" means deer having no antlers or having\nantlers measuring less than three inches in length.\n b. Subject to this section and other applicable provisions of the Fish\nand Wildlife Law, the department shall have power to fix the conditions\nfor taking "antlerless deer" in any such open season, and of possession,\ntransportation and tagging thereof, and to regulate the issuance of\nspecial antlerless deer licenses applicable to the tracts in which such\nopen season is fixed and of seals to be issued to licensees.\n c. The department shall issue special antlerless deer licenses, in\nsuch form as it shall prescribe, for each tract in which an open season\nis fixed pursuant to this subdivision and shall have power to limit the\nnumber of such licenses to the number necessary in its judgment for\nproper management with respect to deer in the Area in which such tract\nis situated. Announcement of the opening of a tract to the taking of\nantlerless deer and of the number of licenses to be issued for such\ntract shall be made not later than August 1 of the year in which such\nopen season is fixed. Application for such licenses shall be made not\nearlier than September 1, and the method of application for and issuance\nof such licenses, including eligibility and allocation among applicants,\nshall be specified in the regulations fixing the open season for the\ntract. No person shall be entitled to hold more than one special\nantlerless deer license in a calendar year.\n 7. Notwithstanding any other provision of this title, the department\nmay, by regulation fix open seasons for taking wild deer of either sex\nin the counties of Westchester and Suffolk, or any part thereof, and may\nfix the conditions of such season provided the regulations pertaining\nthereto shall conform to the following:\n a. In Westchester county, such season shall not include Saturdays or\nSundays;\n b. Such season shall not commence earlier than during the first full\nweek in January nor shall it continue later than January 31 in any year;\n c. Deer may be taken only by holders of a license authorizing the\ntaking of big game who have also obtained a special permit provided by\nthe department and issued by the town clerk of each town where such\nseason is fixed; provided, however, in Suffolk county a town may, by\nlocal law, waive the requirements that a permit is necessary to take\ndeer during such seasons;\n d. Permits issued by a town clerk shall authorize hunting only within\nthe town where issued and only on property where permission of the owner\nor lessee is granted to the permittee for such hunting;\n e. Applications for permits shall be only on forms provided by the\ndepartment, and each application, before being presented to a town\nclerk, shall be endorsed by a person who owns or leases ten or more\nacres of land in the town where application is to be made, certifying\nthat such owner or lessee gives consent to the applicant to hunt deer on\nhis premises in accordance with the conditions of such season;\n f. The number of permits to be issued in each town shall be fixed by\nthe department and the town clerk shall issue permits in the order in\nwhich valid applications are received until the number fixed for the\ntown is exhausted;\n g. Town clerks shall be entitled to charge and receive a fee of one\ndollar for each permit issued;\n h. Such a season shall be fixed only in towns or parts thereof where\nthe discharge of firearms is not prohibited by town ordinance, and deer\nshall be taken only by means of shotguns using a single ball or slug or\nmuzzle loading firearms, provided, however that a deer may also be taken\nby long bow in Suffolk county.\n 8. Notwithstanding any provision of law, rule or regulation to the\ncontrary, the department may, until December thirty-first, two thousand\ntwenty-seven, fix by regulation the open seasons, open areas, bag limit,\nmanner of taking, possession and disposition of bear and parts of bears,\nand the intentional and incidental feeding of bears. Such regulations\nshall implement the provisions of this article. Such regulations, as the\ndepartment deems appropriate, may provide for special permits and permit\nquotas. When a special permit is required, the department may fix by\nregulation a fee for each such permit issued.\n 9. a. Until December thirty-first, two thousand twenty-seven, whenever\nin its opinion deer shall become numerous enough in any area to cause\nsubstantial damage to property or overbrowsing of deer range, the\ndepartment may fix by regulation special open seasons for taking wild\ndeer of either sex. Subject to this subdivision, the department may fix\nthe conditions of such seasons.\n b. Such seasons may be fixed only in counties or parts of counties in\nwhich an open season for taking deer by the use of firearms is\nestablished by law.\n c. Such seasons may be fixed for any number of days during the period\nbeginning on the eleventh day after the close of a regular open season\nfor deer established by law and ending on February 10 immediately\nfollowing.\n d. The department shall designate by regulation areas of the state\nconsisting of a county, a part of a county, or any combination of\ncounties or parts of counties, excluding the northern zone as defined in\nsubdivision sixteen of section 11-0103 of this chapter, for which\nseparate special open seasons are fixed, and shall issue separate\nspecial permits for hunting in each such area so designated, and for\neach permit shall receive a fee of three dollars to cover the cost of\npermit issuance and special deer tags.\n e. A regulation fixing a season pursuant to this subdivision shall\ninclude:\n (1) a requirement that hunting deer during such special season shall\nbe only by holders of both a license authorizing the taking of big game\nand a special permit for the area where hunting is permitted,\n (2) a limitation on the number of such special permits to be issued\nfor the area where such open season is fixed,\n (3) the method of application for and issuance of such special\npermits,\n (4) suspension of the provisions of subdivision one of section 11-0911\nwith regard to the manner of reporting deer taken, provided an\nalternative method of reporting is established, and\n (5) such other rules and regulations as the department shall deem\nnecessary for the orderly and efficient conduct of such seasons.\n f. This subdivision does not increase the limit of one deer per person\nper license year.\n 10. Notwithstanding any inconsistent provision of subdivision 10 of\nsection 11-0901 or subdivision 2, subdivision 3 or subdivision 8 of\nsection 11-0907 of this title, until December thirty-first, two thousand\ntwenty-seven, the department is authorized to adopt regulations with\nrespect to the manner of taking, possession, open seasons and bag limits\nfor deer. The authority to adopt such regulations is in addition to any\nauthority contained in this section or section 11-0913 of this title\nrespecting regulations fixing open seasons for deer and the issuance of\ndeer management permits.\n 11. The department shall have the authority to establish by\nregulation, deer management assistance permits to allow land/resource\nmanagers to meet the deer management needs of their property. Such\npermits shall be valid only on the permittee's lands and shall address\nsite specific management goals including but not limited to agricultural\ndamage, areas where existing statutes do not allow for adequate harvest\nand areas where public access may be limited for justifiable security\nreasons. Deer taken under this subdivision are in addition to the one\ndeer per year authorized in section 11-0907 of this title.\n