NY Env Conserv L § 11-0903 (2021)
2021 New York Laws ENV - Environmental Conservation Article 11 - Fish and Wildlife Title 9 - Hunting 11-0903 - Open Hunting Seasons and Bag Limits Fixed by Regulation.

§ 11-0903. Open hunting seasons and bag limits fixed by regulation.   * 1.  Open seasons and bag limits with respect to migratory game birds shall be those published annually in the federal register  by  the  U.S. Department  of  the  Interior,  unless the department adopts regulations pursuant to section 11-0307. Notice of such open seasons and bag  limits shall  be  provided by department press release and any other means that the department determines to be  appropriate  and  effective,  including posting on the department's public website.   * NB Effective until December 31, 2024   * 1.  Open seasons and bag limits with respect to migratory game birds shall be those fixed  by  the  department  in  regulations  pursuant  to section   11-0307,  to  conform  with  federal  regulations  made  under authority of the Migratory Bird Treaty Act of July 3,  1918  (16  U.S.C. §§ 703-711).   * NB Effective December 31, 2024   2.  The department may fix annually by regulation the open seasons and bag limits for wild game  of  the  following  species,  until  the  date specified:   a. Hungarian partridge;   b.  black, gray and fox squirrels, bobcat, lynx, coyote, fox, European hare, varying hare and cottontail rabbits, and may regulate or  prohibit the  use  of dogs in hunting varying hare during any regular open season for deer;   c. pheasants anywhere in the state other than Long Island;   * c-1. pheasants on Long Island, but only for  those  individuals  who hold  a  junior  license,  and provided that such youth pheasant hunting days are held prior to the start of the  open  season  as  indicated  in paragraph d of subdivision two of section 11-0905 of this title;   * NB Repealed December 31, 2022   d. raccoon;   e. wild turkeys;   f. frogs, salamanders, turtles, lizards and snakes.   Such  open  seasons  and bag limits may be fixed for the entire state, except on Long Island in the case of pheasants, or  for  any  county  or part  thereof,  giving  due  regard  to  abundance  of  the  species and potential hunting pressure. The  department  may  regulate  the  taking, possession and disposition of wild turkeys.   3.  Any  open  season  for  pheasants,  fixed  by  regulation  of  the department in the  counties  of  Albany,  Clinton,  Columbia,  Delaware, Dutchess,  Essex,  Franklin, Fulton, Greene, Herkimer, Jefferson, Lewis, Montgomery,  Oneida,  Orange,  Oswego,   Otsego,   Putnam,   Rensselaer, Rockland,  St.  Lawrence, Schenectady, Sullivan and Ulster shall include the intervening Sundays as part of such open season.   4. The department shall fix annually by regulation  open  seasons  and bag  limits for ruffed grouse and, whenever possible, and in its opinion it is in the public interest, shall make such seasons  run  concurrently with open seasons for taking woodcock.   5. Whenever in its opinion deer shall become numerous enough, on state or federal lands closed to the hunting of deer with firearms, to require population  control  for  proper  deer management, the department may by regulation permit the taking of deer of either sex, by long bow only, on such lands or any parts thereof during the regular open season  for  the surrounding  area  as  provided  in  subdivision  2  of section 11-0907, provided, however, that no  regulation  adopted  pursuant  hereto  shall include  within its provisions any of the areas set forth in subdivision 5 of section 11-0907. Only persons properly licensed to hunt during  the special  archery  season  established in paragraph a of subdivision 1 of section 11-0907 shall be eligible to hunt pursuant to this subdivision.    6. a.  Whenever  investigation  made  by  the  department  within  the Adirondack  park  shows  that  deer have become numerous enough to cause overbrowsing of the range within any "Wilderness Hunting  Area"  defined in  section 11-0103, the department may fix by regulation an open season for  taking  antlerless deer in a tract within such area. The boundaries of any such tract shall not be less than three  miles  from  any  state, county  or township road. Any such open season shall be fixed within the open season established by law, in the county  or  part  of  the  county affected,  for deer having antlers not less than three inches in length. For the purposes of this subdivision and of other  provisions  referring thereto,  "antlerless  deer"  means  deer  having  no  antlers or having antlers measuring less than three inches in length.   b. Subject to this section and other applicable provisions of the Fish and Wildlife Law, the department shall have power to fix the  conditions for taking "antlerless deer" in any such open season, and of possession, transportation  and  tagging  thereof,  and  to regulate the issuance of special antlerless deer licenses applicable to the tracts in which  such open season is fixed and of seals to be issued to licensees.   c.  The  department  shall  issue special antlerless deer licenses, in such form as it shall prescribe, for each tract in which an open  season is  fixed pursuant to this subdivision and shall have power to limit the number of such licenses to the number  necessary  in  its  judgment  for proper  management  with respect to deer in the Area in which such tract is situated. Announcement of the opening of a tract  to  the  taking  of antlerless  deer  and  of  the  number of licenses to be issued for such tract shall be made not later than August 1 of the year  in  which  such open  season  is  fixed. Application for such licenses shall be made not earlier than September 1, and the method of application for and issuance of such licenses, including eligibility and allocation among applicants, shall be specified in the regulations fixing the  open  season  for  the tract.  No  person  shall  be  entitled  to  hold  more than one special antlerless deer license in a calendar year.   7. Notwithstanding any other provision of this title,  the  department may,  by  regulation fix open seasons for taking wild deer of either sex in the counties of Westchester and Suffolk, or any part thereof, and may fix the conditions of such season provided  the  regulations  pertaining thereto shall conform to the following:   a.  In  Westchester county, such season shall not include Saturdays or Sundays;   b. Such season shall not commence earlier than during the  first  full week in January nor shall it continue later than January 31 in any year;   c.  Deer  may  be  taken  only by holders of a license authorizing the taking of big game who have also obtained a special permit  provided  by the  department  and  issued  by  the town clerk of each town where such season is fixed; provided, however, in Suffolk county  a  town  may,  by local  law,  waive  the  requirements that a permit is necessary to take deer during such seasons;   d. Permits issued by a town clerk shall authorize hunting only  within the town where issued and only on property where permission of the owner or lessee is granted to the permittee for such hunting;   e.  Applications  for  permits  shall be only on forms provided by the department, and each application,  before  being  presented  to  a  town clerk,  shall  be  endorsed  by  a person who owns or leases ten or more acres of land in the town where application is to  be  made,  certifying that such owner or lessee gives consent to the applicant to hunt deer on his premises in accordance with the conditions of such season;   f.  The  number of permits to be issued in each town shall be fixed by the department and the town clerk shall issue permits in  the  order  in  which  valid  applications  are  received until the number fixed for the town is exhausted;   g.  Town  clerks  shall be entitled to charge and receive a fee of one dollar for each permit issued;   h. Such a season shall be fixed only in towns or parts  thereof  where the  discharge of firearms is not prohibited by town ordinance, and deer shall be taken only by means of shotguns using a single ball or slug  or muzzle loading firearms, provided, however that a deer may also be taken by long bow in Suffolk county.   8.  Notwithstanding  any  provision  of law, rule or regulation to the contrary, the department may, until December thirty-first, two  thousand twenty-four,  fix by regulation the open seasons, open areas, bag limit, manner of taking, possession and disposition of bear and parts of bears, and the intentional and incidental feeding of  bears.  Such  regulations shall implement the provisions of this article. Such regulations, as the department deems appropriate, may provide for special permits and permit quotas.  When  a  special  permit is required, the department may fix by regulation a fee for each such permit issued.   9. a. Until December thirty-first, two thousand twenty-four,  whenever in  its  opinion  deer shall become numerous enough in any area to cause substantial damage to  property  or  overbrowsing  of  deer  range,  the department  may  fix  by regulation special open seasons for taking wild deer of either sex. Subject to this subdivision, the department may  fix the conditions of such seasons.   b.  Such seasons may be fixed only in counties or parts of counties in which an open  season  for  taking  deer  by  the  use  of  firearms  is established by law.   c.  Such seasons may be fixed for any number of days during the period beginning on the eleventh day after the close of a regular  open  season for  deer  established  by  law  and  ending  on February 10 immediately following.   d. The department shall designate by regulation  areas  of  the  state consisting  of  a  county,  a  part  of  a county, or any combination of counties or parts of counties, excluding the northern zone as defined in subdivision sixteen of  section  11-0103  of  this  chapter,  for  which separate  special  open  seasons  are  fixed,  and  shall issue separate special permits for hunting in each such area  so  designated,  and  for each  permit  shall  receive a fee of three dollars to cover the cost of permit issuance and special deer tags.   e. A regulation fixing a season pursuant  to  this  subdivision  shall include:  (1)  a  requirement that hunting deer during such special season shall be only by holders of both a license authorizing the taking of big  game and a special permit for the area where hunting is permitted,  (2)  a  limitation  on the number of such special permits to be issued for the area where such open season is fixed,  (3) the method  of  application  for  and  issuance  of  such  special permits,  (4) suspension of the provisions of subdivision one of section 11-0911 with  regard  to  the  manner  of  reporting  deer  taken,  provided  an alternative method of reporting is established, and  (5) such other rules and regulations  as  the  department  shall  deem necessary for the orderly and efficient conduct of such seasons.   f. This subdivision does not increase the limit of one deer per person per license year.   10.  Notwithstanding  any  inconsistent provision of subdivision 10 of section 11-0901 or subdivision 2, subdivision  3  or  subdivision  8  of section 11-0907 of this title, until December thirty-first, two thousand  twenty-four,  the  department  is  authorized  to adopt regulations with respect to the manner of taking, possession, open seasons and bag limits for deer. The authority to adopt such regulations is in addition to  any authority  contained  in  this  section or section 11-0913 of this title respecting regulations fixing open seasons for deer and the issuance  of deer management permits.   11.   The   department  shall  have  the  authority  to  establish  by regulation, deer management assistance permits  to  allow  land/resource managers  to  meet  the  deer  management  needs of their property. Such permits shall be valid only on the permittee's lands and  shall  address site specific management goals including but not limited to agricultural damage,  areas where existing statutes do not allow for adequate harvest and areas where public access may be limited  for  justifiable  security reasons.    Deer taken under this subdivision are in addition to the one deer per year authorized in section 11-0907 of this title.