New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter J - MISCELLANEOUS REGULATIONS › Part 186 - Migratory Bird Products › Section 186.4 - Authorization of automated feeding devices, with 4-Poster[TM] Tickicide

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Eligible
				  permittees. The Department may, at its discretion, issue permits pursuant to
				  this section to any of the following entities or their designated
				  representatives to deploy automated feeding de vices using whole kernel corn in
				  parts of the state where 4-Poster TM Tickicide is registered for use:
				  municipalities, public or private landowners, or home- owner associations that,
				  singly or in combination, own and control a contiguous land area inhabited by
				  white-tailed deer and totaling at least 40 acres in size.
(b) Criteria for permit issuance. The
				  following criteria must be met before a permit may be issued by the Department
				  pursuant to this section:
(1) The applicant
				  must identify the specific properties (e.g., tax parcel numbers,
				  latitude/longitude, or UTM coordinates of proposed deployment locations) that
				  are included in the proposed deployment are a and their owners;
(2) The identified properties must include a
				  contiguous land area totaling at least 40 acres in size;
(3) The applicant(s) must be one or more of
				  the person(s) who own(s) property included in the application, or be an agent
				  with written permission from the owner(s) of the property(ies) where the
				  device(s) will be located;
(4)
				  Written consent of owners of all properties that are wholly or partially
				  included in a circle centered on each device location and with a radius of 745
				  feet must be provided as part of the application;
(5) The applicant must provide a written deer
				  management plan using a format provided by the Department that will be
				  implemented in conjunction with the use of 4-Poster TM Tickicide and an
				  automated feeding device. At a minimum, the plan must include measures to en
				  sure that white-tailed deer populations and the impacts of deer (e.g., vehicle
				  collisions and damage to ornamental plantings and native vegetation) will not
				  increase as a result of deploying the automated feeding devices. The deer
				  management plan may include, but is not limited to, recreational hunting,
				  culling, surgical sterilization, fencing of sensitive areas, and enforcement of
				  State and local deer feeding prohibitions pursuant to this Part or local laws
				  or regulations. The plan must clearly indicate how it relates to any deer
				  management plans currently in place for the municipality where automated
				  feeding devices would be deployed. Prior to the issuance of a permit for an
				  automated feeding device using 4-Poster TM Tickicide, the deer management plan
				  must be approved by the Department. The Department may deny a permit to any
				  person that it determines has not adequately considered and incorporated deer
				  population management techniques in conjunction with deployment of automated
				  feeding devices. Examples of this would include, but not be limited to,
				  maintaining land owner restrictions on deer hunting that exceed State and local
				  statutes necessary to ensure public safety;
(6) If the applicant is not a municipality,
				  written approval of the specific location(s) of deployment of automated feeding
				  devices with 4-Poster TM Tickicide must be provided by the smallest
				  municipality with jurisdiction where the property is located; and
(7) Permit applications may be submitted at
				  any time of year using forms provided by the Department.