N.Y. Environmental Conservation Law § 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, 2027

* 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, 2027

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* NB Repealed December 31, 2028

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-seven, 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-seven, 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-seven, 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.