reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXVI - Life Sciences Research and Development › Part 270 - New York City Musical and Theatrical Production Tax Credit Program › Section 270.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this regulation, the following terms shall have
				  the following meanings:
(a)
Applicant
means a taxpayer that is a qualified New York City
				musical and theatrical production company that is engaged in the production of
				a qualified musical and theatrical production. For the purposes of this
				definition, only one qualified New York City musical and theatrical company may
				receive this credit per production.
(b)
Certificate of conditional
				eligibility
means a notification by the department to the applicant
				indicating that the applicant appears to be a qualified New York City musical
				and theatrical production company scheduled to produce a qualified musical and
				theatrical production. Such notification may include, but need not be limited
				to, the following information: name and address of the applicant, taxpayer
				identification number, a statement that the applicant appears to be scheduled
				to produce a qualified musical and theatrical production, and a disclaimer
				stating that actual receipt of the tax credit is subject to completion and
				approval of the final application and the availability of State
				funds.
(c)
Certificate of
				tax credit
means a certificate issued by the department which states
				the amount of the New York City musical and theatrical production tax credit
				that the applicant has qualified for based on the department's analysis under
				section 24-c of the Tax Law
				and the provisions of this Part. Such certificate shall include, but need not
				be limited to, the following information: name and address of the applicant,
				name of the qualified musical or theatrical production to which the credit
				applies, the amount of the tax credit to be received by the applicant, the
				allocation year of the tax credit, and a disclaimer stating that actual receipt
				of the tax credit is subject to the statutory maximum amount of credits that
				are allocated for the program and the availability of State funds.
(d)
Commissioner
means the
				Commissioner or Acting Commissioner of the New York State Department of
				Economic Development.
(e)
Completeness of the application
means that all questions on
				the application were fully addressed by the applicant and that any additional
				substantiating documents that were requested by the department were
				provided.
(f)
Credit period
				of a qualified New York City musical and theatrical production company
is the period starting on the production start date and ending on:
(1) the date the production has expended
				sufficient qualified production expenditures to reach its credit cap;
(2) March 31, 2023; or
(3) the date the qualified musical and
				theatrical production closes, whichever comes first.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXVI - Life Sciences Research and Development › Part 270 - New York City Musical and Theatrical Production Tax Credit Program › Section 270.3 - Eligibility requirements

Current through Register Vol. 46, No. 28, July 10, 2024
An applicant whose qualified musical and theatrical
				  production is held in a qualified New York City production facility and applies
				  to receive a credit under this section shall be required to complete an initial
				  application, which shall include:
(a)
				an attestation that they will participate in a New York State diversity and
				arts job training program and complete a diversity and arts training program
				plan outlining their proposed methods of execution of such plan;
(b) an attestation that they will ensure that
				their production is available and accessible for low-or no-cost to low income
				New Yorkers and outline their proposed methods of doing so in a public
				accessibility and availability plan; and
(c) an attestation that they intend to comply
				with the legal requirement to contribute to the New York State council on the
				arts cultural program fund an amount up to 50 percent of the total credits
				received if its production earns ongoing revenue prospectively after the end of
				the credit period that is at least equal to 200 percent of its ongoing
				production costs, with such amount payable from 25 percent of net operating
				profits, such amounts payable on a monthly basis, up until such 50 percent of
				the total credit amount is reached;
(d) in addition, an applicant who has filed
				an initial application for this program shall be required to file a final
				application within 90 days of the end of the credit period of a qualified New
				York City musical and theatrical production company to claim the tax credit. As
				part of their final application, applicants shall submit proof of the execution
				of their plans listed in subdivisions (a) and (b) of this section. In order to
				receive the tax credit under this Part, an applicant must actually carry out
				and implement all of the requirements they have attested to pursuant to
				subdivisions (a), (b) and (c) of this section. For the purposes of this Part,
				an applicant who: meets the requirements as set forth in this Part; completes
				both an initial and final application as required in section
				270.4 of this part; and meets the
				evaluation requirements of section
				270.5 of this Part shall be
				eligible to receive the New York City musical and theatrical production tax
				credit.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXVI - Life Sciences Research and Development › Part 270 - New York City Musical and Theatrical Production Tax Credit Program › Section 270.4 - Application process

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Initial application.
(1) An
				applicant shall submit an initial application to the department prior to the
				scheduled first performance of the production for which it seeks a tax credit
				under this article. The purpose of the initial application is to notify the
				department of its intent to produce a qualified New York City musical and
				theatrical production in a qualified New York City production facility and to
				submit a final application for the New York City musical and theatrical
				production tax credit program.
(2)
				The department shall evaluate the initial application based upon the
				completeness of the application and whether it complies with section
				270.3 of this Part and is submitted
				in accordance with paragraph (1) of this subdivision.
(3) After review of the initial application,
				the department shall notify the applicant of its eligibility and, if deemed
				eligible, shall issue a certificate of conditional eligibility to the
				applicant.
(4) In no event may a
				qualified New York City musical and theatrical production submit an initial
				application for this program after December 31, 2022.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXVI - Life Sciences Research and Development › Part 270 - New York City Musical and Theatrical Production Tax Credit Program › Section 270.5 - Criteria for evaluation of final applications

Current through Register Vol. 46, No. 28, July 10, 2024
A final application shall not be approved by the department
				  unless the department determines, in its discretion, that the following
				  criteria are met:
(a) the application
				is complete;
(b) the applicant did
				not knowingly provide false or misleading information to the
				department;
(c) the applicant
				produced a qualified New York City musical and theatrical production that was
				performed in a qualified New York City production facility;
(d) the applicant met the specific
				requirements of section
				270.3 of this Part.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXVI - Life Sciences Research and Development › Part 270 - New York City Musical and Theatrical Production Tax Credit Program › Section 270.6 - Allocation of New York City musical and theatrical production tax credit

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Amount of
				credit.
The amount of the credit shall be the product (or
pro
				  rata
share of the product, in the case of a member of a partnership)
				  of 25 percent and the sum of the qualified production expenditures paid for
				  during the qualified New York City musical and theatrical production's credit
				  period. The amount of the credit shall not exceed $3,000,000 per qualified New
				  York City musical and theatrical production for productions whose first
				  performance is during the first year in which applications are accepted. For
				  productions who first performance is during the second year in which
				  applications are accepted, such per production cap shall decrease to $1.5
				  million per qualified New York City musical and theatrical production unless
				  the department, in consultation with the Division of the Budget, determines
				  that the New York City tourism economy has not sufficiently recovered based on
				  analysis of key New York City economic indicators which shall include, but not
				  be limited to, hotel occupancy rates, leisure and hospitality job rates,
				  Metropolitan Transit Authority travel data, aviation data and other economic
				  and travel metrics. Such analysis shall be informed by the status of any
				  COVID-19 regulations affecting New York City musical and theatrical
				  productions. In no event may a New York City musical and theatrical production
				  be eligible for more than one credit under this program. In no event may
				  expenses claimed under this credit program also be claimed under the musical
				  and theatrical production tax credit program pursuant to section
				  24-a of the Tax Law.
(b)
Maximum amount of tax
				credits.
The aggregate amount of tax credits allowed under this
				  program shall be $100,000,000. Such aggregate amount of credits shall be
				  allocated by the department among taxpayers based on the date of first
				  performance of the qualified New York City musical and theatrical production.
				  The credit shall be allowed for the taxable year beginning on or after January
				  1, 2021 but before January 1, 2024.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXVI - Life Sciences Research and Development › Part 270 - New York City Musical and Theatrical Production Tax Credit Program › Section 270.7 - Third party verifications

Current through Register Vol. 46, No. 28, July 10, 2024
The department may accept from an applicant a third party
				  verification as part of an applicant's final application. Submission of a third
				  party verification shall be voluntary and shall be subject to review and
				  approval by the department. The voluntary submission of a third party
				  verification by an applicant as part of its final application shall in no way
				  or manner affect the review and approval by the department of a final
				  application submitted by an applicant that elects not to submit a third party
				  verification. Such final application shall be subject to review and approval by
				  the department pursuant to section
				  270.4(b)(2) of
				  this Part.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXVI - Life Sciences Research and Development › Part 270 - New York City Musical and Theatrical Production Tax Credit Program › Section 270.8 - Record retention/cultural fund reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All applicants must maintain records, in
				paper or electronic form, of any qualified musical and theatrical production
				costs used to calculate their potential or actual benefit(s) under the program
				for a minimum of three years from the date the applicant claims a New York City
				musical and theatrical production tax credit. The department shall have access
				to the records during normal business hours at an office of the applicant
				within the State or, if no such office is available, at a mutually agreeable
				and reasonable venue within the State, for the term specified above for the
				purposes of inspection, auditing and copying.
(b) With respect to the contribution
				requirement set forth in section
				270.3(3) of this
				Part, an applicant that claims and receives a tax credit under this program
				shall complete its contributions no later than Dec 31, 2025 and shall submit an
				annual report to the department detailing their contributions, as applicable,
				to the New York State council on the arts cultural program fund. Such
				requirement shall expire on the earlier of: December 31, 2025; or upon
				repayment of 50 percent of the total credit received by the applicant;
				provided, however, if a production closes and the applicant demonstrates that
				the production is not subject to the requirements of section
				270.3(3) of this
				Part, then the applicant no longer needs to submit an annual report.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXVI - Life Sciences Research and Development › Part 270 - New York City Musical and Theatrical Production Tax Credit Program › Section 270.9 - Appeal process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If an
				applicant's final application is disapproved by the department, or if an
				applicant disagrees with the amount of a New York City musical and theatrical
				production tax credit granted by the department, the applicant shall have a
				right to appeal. In the case of an appeal from a disapproval of a final
				application, such appeal shall be made by sending a letter to the New York
				State Department of Economic Development, Attn: Counsel's Office, 625 Broadway,
				8th Floor, Albany NY 12245, within 30 days from the date of the denial letter
				issued by the department. In the case of an appeal from a disagreement of the
				amount of the tax credit issued, such appeal shall be made by sending a letter
				to the same address as listed above within 30 days from the date of issuance of
				the certificate of tax credit. Failure to request an appeal within 30 days
				shall be deemed a waiver of an applicant's right to appeal.
(b) Upon receipt of a timely letter of
				appeal, an independent hearing officer will be appointed by the commissioner to
				handle the appeal.
(c) An appeal
				may be conducted via written submission, or, with the approval of both parties,
				via administrative hearing.
(d) The
				independent hearing officer shall render a recommended order on the appeal to
				the commissioner within 60 days of the conclusion of a hearing or receipt of
				the written submission of both parties. The commissioner or his or her designee
				shall issue a final order within 60 days of receipt of the report of the
				independent hearing officer. A copy of the final order will be issued to the
				appellant within 10 days after the date the commissioner or his or her designee
				renders the final order.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXVI - Life Sciences Research and Development › Part 270 - New York City Musical and Theatrical Production Tax Credit Program › Section 270.10 - Exchange of information with Department of Taxation and Finance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Employees and
				officers of the department and the Department of Taxation and Finance shall be
				allowed and are directed to share and exchange information regarding the
				credits applied for, allowed, or claimed under the program, as well as
				information regarding taxpayers who are applying for credits or who are
				claiming credits, including information contained in or derived from credit
				claim forms submitted to the Department of Taxation and Finance and
				applications for certification submitted to the department.
(b) The commissioner and the Commissioner of
				the Department of Taxation and Finance may release the names and addresses of
				any taxpayer claiming a credit under the program and the amount of the credit
				issued to the taxpayer. Provided, however, if a taxpayer claims this credit
				because it is a member of a limited liability company or a partner in a
				partnership, only the amount of credit earned by the entity and not the amount
				of credit claimed by the taxpayer may be released.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXVI - Life Sciences Research and Development › Part 280 - Restaurant Return-to-Work Tax Credit Program › Section 280.1 - Purpose and general description

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of these regulations is to set forth the
				  administrative process governing the restaurant return-to-work tax credit
				  program (the program) and specifically to establish an application process,
				  standards for application evaluation and procedures for restaurants claiming
				  the tax credit under this program. Chapter 59 of the Laws of 2021 establishes
				  the program and grants the Commissioner of the Department of Economic
				  Development the authority to promulgate regulations to establish procedures for
				  the allocation of the restaurant return-to-work tax credit.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXVI - Life Sciences Research and Development › Part 280 - Restaurant Return-to-Work Tax Credit Program › Section 280.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this article:
(a)
Applicant
means a
				business entity that is operating in New York State and has applied for
				benefits under this program.
(b)
Average ending full-time employment
shall be calculated as the
				average number of full-time equivalent positions employed by a business entity
				in an eligible industry between April 1, 2021, and August 31, 2021 or April 1,
				2021 and December 31, 2021, whichever of these two periods the business entity
				selects.
(c)
Average
				full-time employment
shall mean the average number of fulltime
				equivalent positions employed by a business entity in an eligible industry
				during a given period.
(d)
Average starting full-time employment
shall be calculated as
				the average number of full-time equivalent positions employed by a business
				entity in an eligible industry between January 1, 2021, and March 31,
				2021.
(e)
Business
				entity
shall mean a sole proprietor, partnership, limited liability
				company, or a corporation (C-Corp or S-Corp) with its own Federal employer
				identification number (FEIN), or in the case of a sole proprietor, a social
				security number.
(f)
Certificate of tax credit
means the document issued to a
				business entity by the department after the department has verified that the
				business entity has met all applicable eligibility criteria in this Part 280.
				The certificate shall specify the exact amount of the tax credit that a
				business entity may claim under this program.
(g)
Commissioner
shall mean
				the commissioner or acting commissioner of the Department of Economic
				Development.
(h)
COVID-19
				impacted food services sector
means:
(1) independently owned establishments that
				are located inside New York City and have therefore been subjected to
				additional restrictions on on-premises dining pursuant to guidance from the New
				York State Department of Health, under Executive Order 202, as amended, and are
				primarily organized to prepare and provide meals, and/or beverages to customers
				for consumption, including for immediate indoor on-premises consumption;
				and
(2) independently owned
				establishments that are located outside of New York City in an area which was
				designated by the New York State Department of Health as either an orange zone
				or red zone pursuant to Executive Order 202.68 as amended, and for which such
				designation was in effect and resulted in additional restrictions on
				on-premises dining for at least 30 consecutive days, and are primarily
				organized to prepare and provide meals, and/or beverages to customers for
				consumption, including for immediate indoor on-premises consumption.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXVI - Life Sciences Research and Development › Part 280 - Restaurant Return-to-Work Tax Credit Program › Section 280.3 - Application and approval process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An applicant
				must submit a complete application as prescribed by the commissioner. An
				application shall not be approved by the department unless the department
				determines, in its discretion, that the following criteria are met:
(1) the application is complete;
(2) the applicant provided evidence of their
				business eligibility in a form and manner prescribed by the
				commissioner;
(3) the applicant
				agreed to allow the Department of Taxation and Finance to share the applicant"s
				tax information with the department. However, any information shared as a
				result of this program shall not be available for disclosure or inspection
				under the State Freedom of Information Law;
(4) the applicant agreed to allow the
				Department of Labor to share its tax and employer information with the
				department. However, any information shared as a result of this program shall
				not be available for disclosure or inspection under the State Freedom of
				Information Law;
(5) the applicant
				agreed to allow the department and its agents access to any and all books and
				records the department may require to monitor compliance;
(6) the applicant certified, under penalty of
				perjury, that it is in substantial compliance with all emergency orders or
				public health regulations currently required of such entity and local, and
				State tax laws; and
(7) the
				applicant agreed to provide any additional information required by the
				department relevant to this program.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXVI - Life Sciences Research and Development › Part 280 - Restaurant Return-to-Work Tax Credit Program › Section 280.4 - Eligibility criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To be eligible
				for a tax credit for the restaurant return-to-work credit or additional
				restaurant return-to-work credit, an applicant must:
(1) be a small business as defined in section
				131 of
				the Economic Development Law and have fewer than 100 full-time job equivalents
				in New York State as of April 1, 2021;
(2) operate an independently owned
				establishment or establishments as defined in section
				280.2(m) of this
				Part;
(3) have experienced economic
				harm as a result of the COVID-19 emergency as evidenced by a year-to-year
				decrease of at least 40 percent in New York State between the second quarter of
				2019 and the second quarter of 2020 or the third quarter of 2019 and the third
				quarter of 2020 for one or both of:
(i) gross
				receipts; or
(ii) average full-time
				employment; and
(4) have
				demonstrated a net employee increase as defined in this Part for the business
				entity and for purposes of calculating the tax credit.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXVI - Life Sciences Research and Development › Part 280 - Restaurant Return-to-Work Tax Credit Program › Section 280.5 - Calculation of the restaurant return-to-work tax credit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An applicant
				for the restaurant return-to-work tax credit that meets the eligibility
				requirements of section
				280.4 of this Part may be eligible
				to claim a credit equal to $5,000 per each full-time equivalent net employee
				increase as defined in section
				280.2(n) of this
				Part.
(b) An applicant may not
				receive in excess of $50,000 in tax credits under this program.
(c) The restaurant return-to-work tax credit
				shall be refundable as provided in the Tax Law.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXVI - Life Sciences Research and Development › Part 280 - Restaurant Return-to-Work Tax Credit Program › Section 280.6 - Retention and reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				participant in the program shall keep all relevant records for their duration
				of program participation for at least three years.
(b) Each participant in this program must
				submit a performance report to the department by February 4, 2022 in a form and
				manner as specified by the commissioner.
(c) The commissioner shall on or before April
				1, 2022 and every quarter thereafter until program funds are fully expended,
				submit a report to the governor, the temporary president of the senate, the
				speaker of the assembly, the chair of the senate finance committee and the
				chair of the assembly ways and means committee setting forth the activities
				undertaken by the program. Such report shall include, but need not be limited
				to, the following in each reporting period: total number of participants
				approved and the economic development region in which the business is located,
				total amount of advance payments disbursed and tax credits claimed, and average
				amount of advance payment disbursed and tax credit claimed; names of advance
				payment recipients and tax credit claimed; total number of rehired jobs
				created; and such other information as the commissioner determines necessary
				and appropriate to effectuate the purposes of this part. Such reports shall, at
				the same time, be included on the department's website and any other publicly
				accessible database that lists economic development programs.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXVI - Life Sciences Research and Development › Part 280 - Restaurant Return-to-Work Tax Credit Program › Section 280.7 - Removal from program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				commissioner shall remove a participant in the program for failing to meet any
				of the requirements set forth in section
				280.3(a) of this
				Part, or for failing to meet the requirements set forth in section
				280.4 of this Part.
(b) If the commissioner has removed a
				participant in the program pursuant to subdivision (a) of this section, the
				commissioner shall notify such participant of such removal in writing. Such
				notice of removal shall explain the reason or reasons for the removal from the
				program.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXVI - Life Sciences Research and Development › Part 280 - Restaurant Return-to-Work Tax Credit Program › Section 280.8 - Advance tax credit payment option

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Taxpayers who
				choose to use August 31, 2021 as the last date to calculate their average
				ending full-time employment and have received their certificate of tax credit
				by November 15, 2021, will have the option to request an advance payment of the
				amount of tax credit they are allowed under this program. A taxpayer must
				submit such request to the Department of Taxation and Finance in the manner
				prescribed by the commissioner after it has been issued a certificate of tax
				credit by the Department of Economic Development pursuant to subdivision 2 of
				section
				474 of
				the Economic Development Law (or such certificate has been issued to a
				partnership, limited liability company or subchapter S corporation in which it
				is a partner, member or shareholder, respectively), but such request must be
				submitted no later than November 15, 2021.
(b) For those taxpayers who have requested an
				advance payment and for whom the Commissioner of Taxation and Finance has
				determined eligible for this credit, the Commissioner of Taxation and Finance
				shall advance a payment of the tax credit allowed to the taxpayer. However, in
				the case of a taxpayer subject to article 9-a of the Tax Law, such payment
				shall be equal to the amount of credit allowed to the taxpayer less $25. Such
				$25 shall represent a partial payment of tax owed by the taxpayer under article
				9-a, including any fixed dollar minimum owed under paragraph (d) of subdivision
				1 of section
				210 of the Tax Law. When a taxpayer files
				its return for the taxable year, such taxpayer shall properly reconcile the
				advance payment and any partial payment of fixed dollar minimum tax, if
				applicable, on the taxpayer's return.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXVI - Life Sciences Research and Development › Part 280 - Restaurant Return-to-Work Tax Credit Program › Section 280.9 - Cap on tax credit

Current through Register Vol. 46, No. 28, July 10, 2024
The total amount of tax credits listed on certificates of tax
				  credit issued by the commissioner pursuant to this article may not exceed
				  $35,000,000.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXVI - Life Sciences Research and Development › Part 290

Current through Register Vol. 46, No. 28, July 10, 2024
The
				adopted version of this part by
				New
				York State Register September 28, 2022/Volume XLIV, Issue 39,
				eff. 9/28/2022 is
				not yet available
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXVI - Life Sciences Research and Development › Part 300

Current through Register Vol. 46, No. 28, July 10, 2024
The
				adopted version of this part by
				New
				York State Register November 9, 2022/Volume XLIV, Issue 45, eff.
				10/24/2022 is not
				yet available
The
				adopted version of this section by
				New
				York State Register December 7, 2022/Volume XLIV, Issue 49, eff.
				12/7/2022 is not yet
				available
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter A - Hunting › Part 1 - Single Species › Section 1.11 - Deer hunting seasons

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Seasons.
(1) Northern Zone.
Season
Season dates
Youth Firearms
3 consecutive days beginning on the Saturday of
								Columbus Day weekend
Regular
44 consecutive days beginning on the 2nd Saturday
								after Columbus Day
Bowhunting
Early Season: September 27 through the Friday
								immediately preceding the regular season
Late Season: seven consecutive days immediately
								following the regular season in the areas open for late muzzleloader season as
								listed in paragraph (d)(6) of this section.
Muzzleloader
Early Season: seven consecutive days beginning on the
								1st Saturday after Columbus Day
Late Season: seven consecutive days immediately
								following the regular season in the open areas listed in paragraph (d)(6) of
								this section.
(2) Southern zone.
Season
Season dates
Early Antlerless
9 consecutive days beginning on the 2nd
								  Saturday of September
Youth Firearms
3 consecutive days beginning on the Saturday of
								  Columbus Day weekend
Regular
23 days beginning on the 3rd Saturday in
								  November
Bowhunting
Early Season: October 1st through the Friday
								  immediately preceding regular season
Late Season: nine days immediately following the
								  regular season and December 26th through January 1st
Muzzleloader
Early Season: closed
Late Season: nine consecutive days immediately
								  following the regular season and December 26th through January 1st
(3) Westchester County.
Season
Season dates
Regular
October 1 through December 31
(4) Suffolk County.
Season
Season dates
Regular
October 1 through January 31
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter A - Hunting › Part 1 - Single Species › Deer › Section 1.18 - Issuance and use of deer hunting tags

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Purpose.
This section contains procedures for issuance and use of
						deer hunting tags for deer hunting as provided by Environmental Conservation
						Law, section 11-0907.
(b)
Applicability.
This section defines the available deer hunting tags and
						the conditions for their use. Persons eligible to hunt deer may do so during a
						regular big game season and one or more special seasons, or both. Depending
						upon the number and types of deer hunting licenses purchased by a big game
						hunter, the bag limit, the sex of the deer that may be taken, and the seasons
						of use may vary.
(c) Types
					 of deer hunting tags.
(1) A deer hunting tag
					 includes the following types of tags: regular season deer tag, bow/mz season
					 either sex tag, or bow/mz season antlerless tag.
(2) A regular season deer tag will be issued
					 to any hunter authorized to hunt big game.
(3) A bow/mz season either sex tag will be
					 issued to a hunter holding a licensed authorizing the hunting of big game and
					 holding additional licenses or stamps authorizing big game hunting in either a
					 special archery season or a special muzzleloader season.
(4) A bow/mz season antlerless tag will be
					 issued to a hunter holding a license authorizing the hunting of big game and
					 holding additional licenses or stamps authorizing hunting in both special
					 archery seasons and special muzzleloader seasons.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter A - Hunting › Part 1 - Single Species › Deer › Section 1.19 - Deer management permit quotas, group sizes, and legal harvest

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Legal harvest.
Only deer without antlers or having antlers measuring
						less than three inches in length, except as provided in section
						1.20(k) of this
						Part, may be taken on a deer management permit (DMP).
(b)
Number of DMPs available to an
					 individual.
A person may apply for and be a permittee on not more
						than two DMPs during the initial application period, as described in section
						1.20(b)(2) of this
						Part, except that in wildlife management units (WMUs) where the number of
						hunters is inadequate to achieve needed harvest, the Department of
						Environmental Conservation (department) may provide for the issuances of
						additional permits to an individual or group. WMUs are defined in section
						4.1 of this Title. Subsequent
						application periods, as described in section
						1.20(e) of this
						Part, may be conducted for DMPs in WMUs where insufficient numbers of
						applicants exist to achieve adequate deer harvest. A person may apply for and
						be a permittee on no more than two additional DMPs during all subsequent
						application periods, except in WMUs where the department has elected to issue
						bonus permits.
(c)
Number of DMPs issued for each WMU.
The number of permits required to achieve optimal deer
						harvest will be calculated using the following WMU specific variables: the
						expected buck take, the desired adult female take, the proportion of adult
						females in the anticipated harvest, DMP harvest, DMP success rate and the
						desired population objective. The actual number of permits issued may vary
						slightly from the optimal number of permits due to the nature of the DMP
						issuance described in section
						1.20 of this Part.
(d)
Group sizes.
Deer hunting groups must be formed by the hunters
						themselves.
(1) For all other than
					 landowner/disabled veteran DMPs, the size of the hunting group will be one
					 hunter in all WMUs.
(2)
(i) For landowner DMPs, the size of the
					 hunting group shall be a minimum of one and a maximum of two hunters in all
					 WMUs.
(ii) For disabled veteran
					 DMPs, the size of the hunting group will be one hunter in all WMUs.
(3) For second DMPs, when
					 available, the group size shall be the same as the group size required for the
					 unit selected for an applicant's first permit.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter A - Hunting › Part 1 - Single Species › Deer › Section 1.20 - Deer management permits-application and issuance

Current through Register Vol. 46, No. 28, July 10, 2024
(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.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter A - Hunting › Part 1 - Single Species › Deer › Section 1.21 - Hunting under deer management permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Purpose.
This section contains the regulations for the use of 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)
Open season.
DMPs are valid during any deer hunting 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.
(c)
Manner of taking and reporting.
(1) An individual or group of individuals
					 holding a DMP may hunt pursuant to such permit only in the WMU specified
					 thereon.
(2) Only an individual
					 named on a DMP or an individual holding a DMP that has been consigned to
					 him/her shall hunt for or take the additional deer permitted by the DMP and
					 shall only do so when in possession of a valid license to hunt deer plus the
					 DMP carcass tag/report tag.
(i) The
					 individual named on the DMP may authorize other properly licensed hunters to
					 possess and use the DMP by signing the transfer block on the DMP. There is no
					 limit on the number of hunters who may receive and possess the DMP. Only the
					 hunter possessing the DMP while afield may use it to take an additional
					 deer.
(ii) The hunter receiving the
					 consigned DMP may possess and use the DMP to take an additional deer by
					 writing, in indelible ink (or indelible pencil), the DMP number in the space
					 provided on the face of his or her license to hunt deer. No person shall
					 possess afield the DMP of another unless the consigned DMP number appears in
					 the space provided on the face of his or her license.
(iii) An individual licensed to hunt deer may
					 receive and use no more than two DMPs from other individuals during the license
					 year.
(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.
(4) Hunters taking a deer pursuant to this
					 section must report as specified in section
					 180.10 of this Title, except as
					 provided in section
					 1.20(k) of this
					 Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter A - Hunting › Part 1 - Single Species › Deer › Section 1.24 - Special season for deer of either sex in suffolk county

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Season dates.
The first Sunday in January through January 31st.
(b)
Hunting hours.
Sunrise to sunset.
(c)
Legal implements.
For the special firearms season, deer may be taken only
						by: shotgun, using a single ball or slug; or muzzleloading rifle or pistol,
						shooting a single projectile having a minimum bore of 0.44 inches. Shotgun
						barrels may be rifled, and telescopic sights may be used.
(d)
Valid tags.
Regular season deer tag, deer management permit (DMP) and
						Bonus DMPs for Unit 1C, Bow/Mz either-sex tag, and Bow/Mz antlerless-only tag.
						Deer of either sex may be taken with Regular season tag.
(e)
Town permits.
No person shall hunt deer with a shotgun or muzzleloader
						during the special firearms season in Suffolk County unless such person
						possesses a special town hunting permit, provided, however, that a town may by
						local law waive the requirement for the special permit in accordance with the
						requirements of ECL 11-0903. The special permits shall be issued as
						follows:
(1) Permits, furnished by the
					 Department of Environmental Conservation, shall be issued by the town clerks or
					 their designee for their respective towns only, and only until the quota for
					 each town is exhausted. The annual quotas are as follows:
Babylon
200
Brookhaven
5,000
East Hampton
3,000
Huntington
500
Islip
200
Riverhead
3,000
Shelter Island
1,000
Smithtown
1,000
Southampton
2,500
Southold
1,000
(2) In order to obtain a town permit, a
					 hunter must complete the application for a town permit and present it to the
					 town clerk or their designee, along with a completed landowner's endorsement
					 form and a valid hunting license, complete with big game carcass
					 tags.
(3) Town permits are issued
					 only to holders of properly completed permit applications. Each permit
					 authorizes the holder to hunt deer only in the town specified on it, and only
					 on the property for which the permit holder has a properly completed and
					 endorsed landowner's endorsement form. Permits are not transferable.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter A - Hunting › Part 1 - Single Species › Deer › Section 1.26 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General
					 provisions.
(1) Post-seasons in areas
					 described in subdivision (b) of this section may be held for all or part of the
					 period beginning on the 11th day after the close of the regular open season for
					 deer established by law and ending on February 10th immediately following,
					 whenever in the department's opinion deer shall become numerous enough to cause
					 substantial damage to property or overbrowsing of deer range.
(2) Deer of either sex may be taken as
					 specified by special permit.
(3) No
					 person shall hunt or take deer during a post-season unless such person
					 possesses:
(i) a valid big game hunting, or
					 combined big game - small game hunting, or combined big and small game hunting
					 and fishing license, with an unused deer carcass tag portion; and
(ii) a special permit issued by the
					 department and validated by the permittee's signature.
(4) Other public notification of the dates of
					 each post-season, the area(s) open for hunting, permit application and
					 reporting procedures, legal weapons, and restrictions specific to each hunting
					 area, shall be by general news release.
(5) Each permit application must be
					 accompanied by a check or money order in the amount of $3, made payable to the
					 New York State Department of Environmental Conservation. Incomplete or
					 illegible applications will not be honored and will be returned to the sender
					 whenever possible.
(6) Successful
					 applicants will be issued a special permit. Unsuccessful applicants will be
					 sent a $3 refund.
(7) Except as
					 provided in subdivision (b) of this section, the provisions of the
					 Environmental Conservation Law shall apply to the taking, possession and
					 transportation of deer pursuant to this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter A - Hunting › Part 1 - Single Species › Deer › Section 1.27 - Alternative deer harvest strategies

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Antler restrictions.
(1) An
antlered deer
is defined as a deer with at least one antler
					 measuring three inches or more in length.
(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.
Minimum antler requirements
Wildlife management unit
(i) At least one antler with at least 3 points.
								  Each point must be at least 1 inch long measured from the main antler
								  beam.
3A, 3C, 3H, 3J, 3K, 4G, 4O, 4P, 4R, 4S, 4W
(ii) Any deer with at least one antler measuring at
								  least 3 inches in length.
all other WMUs
(3) Hunters under the age of 17 are exempt
					 from subparagraph (2)(i) of this subdivision and may take any deer with an
					 antler or antlers measuring three inches or more in length.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter A - Hunting › Part 1 - Single Species › Bear › Section 1.31 - Hunting black bear

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Definitions.
For the purpose of this section, the following terms have
						the indicated meanings:
(1)
Bear
means any bear existing in a wild state.
(2)
Cub
means any bear less
					 than one year old.
(3)
Northern bear range
means WMUs (as defined in section
					 4.1 of this Title) within the
					 Northern Zone (as defined by Environmental Conservation Law section
					 11-0103).
(4)
Southern bear
					 range
means WMUs (as defined in section
					 4.1 of this Title) within the
					 Southern Zone (as defined by Environmental Conservation Law section
					 11-0103).