6 CRR-NY 1.30
6 CRR-NY 1.30
1.30 Deer management assistance program.
(a) Purpose.
This section contains the administrative procedures for the program (DMAP). DMAP offers an additional tool to a land/resource manager, or a group of land/resource managers, whose property is in need of site specific deer management efforts, and who meet the eligibility criteria established herein. Through DMAP, the department may issue a permit and antlerless deer tags for use on lands owned and/or controlled by the permit holder. Deer taken under a DMAP permit are in addition to any deer an individual may otherwise legally take.
(b) General provisions.
The provisions of this section shall apply to the taking of antlerless deer, as described in subdivision (e) of this section, by longbow, crossbow, muzzleloader or firearm pursuant to a DMAP as provided by Environmental Conservation Law (ECL) section 11-0903, subdivision 11. The general provisions contained in articles 11 and 71 of the ECL, except as otherwise noted herein, relating to hunting hours, the manner of taking, tagging, possession, transporting, reporting and other hunting regulations, shall apply to the hunting and taking of antlerless deer pursuant to this section.
(c) Open season.
DMAP permits and tags are valid during any open deer season established in accordance with sections 11-0903 or 11-0907 of the ECL.
(d) License requirements.
No person shall hunt or take antlerless deer under the authority of a DMAP permit unless they are licensed to hunt deer during the appropriate hunting season.
(e) Legal harvest.
Only wild deer without antlers or having antlers measuring less than three inches in length (antlerless deer) may be taken under the authority of a DMAP permit.
(f) Permit eligibility.
To be eligible for a DMAP permit, the applicant(s) must meet one of the following criteria:
(1) The applicant(s) owns or controls land(s) where agricultural deer damage has been documented or can be documented by the department.
(2) The applicant is a municipality that has identified social or ecological problems due to deer within their municipal boundary. Participating properties within the municipality need not be contiguous, but the municipality must be the named applicant.
(3) The applicant(s) owns or controls land(s) where deer damage to significant natural plant communities has been documented or can be documented by the department. Such damage must be identified in an existing land management plan for the property.
(4) The applicant(s) owns or controls at least 100 acres of forest land contained in one or more parcels all sharing a contiguous boundary or multiple, non-contiguous parcels of forest land of at least 100 acres each within the same or adjacent wildlife management unit(s), where forest regeneration is negatively impacted by deer. This negative impact must be identified in an existing forest and/or land management plan for the property. Parcels of less than 100 acres may also be considered, if enrolled in the Real Property Tax Law section 480a program. Two or more landowners may cooperate to meet the acreage requirements.
(5) The applicant(s) owns or controls at least 1,000 acres of land contained in one or more parcels all sharing a contiguous boundary and involved in custom deer management. Two or more landowners may cooperate to meet the acreage requirements. A deer management plan specifically designed for the property must be submitted to and approved by the department.
(6) The applicant(s) owns or controls land(s) where deer damage has been documented or can be documented by the department, and which is adjacent to or bordering a parcel of publically-owned land that is at least 250 acres and is not open to deer hunting by law, regulation, or public agency policy.
(g) Application procedures and permit duration.
Application instructions will be maintained on the department’s website. There is no fee for the application or issuance of a DMAP permit. All applications are subject to the following requirements:
(1) Application deadline will be posted with the application instructions on the department’s website. Applications not meeting the posted deadline will be considered for enrollment the following year. Permits will expire July 31st, three years following the year of application, unless revoked earlier by the department.
(2) Each application must designate one person to be the named permit holder who will serve as the contact for all communication with the department. This person must have authority to represent all parties having a controlling interest in deer hunting activities on the property(s) identified in the application. This person shall be responsible for the distribution of all DMAP tags and provide other information the department may deem necessary under the permit.
(3) The application form must include the Farm Service Agency (FSA) number or the tax map identification number as recorded in the county clerk's office for the property(s) included in the DMAP application. Individual properties or land parcels may not be listed on more than one DMAP application. Municipal applications shall cover all public and private properties within their border, but the municipal permit holder must maintain a list of all participating properties with written consent of the associated landowners.
(4) Each application shall describe the background and scope of the deer problem or state the deer management goals and the reasons why such goals cannot be met through standard hunting seasons and permits. Where a deer management plan is not otherwise required under this section, such a plan may be required at the discretion of the department.
(5) Information regarding past deer harvests, existing conditions, and deer management objectives within the wildlife management unit(s) in which the application is applied for, will be considered each year to determine DMAP eligibility.
(6) Nothing in this section shall be construed as requiring or obligating the department to approve a DMAP application when in its opinion the deer damage problem will not be effectively abated thereby or when in its opinion the deer management goals of the applicant can be met though effective utilization of existing deer hunting opportunities.
(h) Tag issuance and procedures.
Under a DMAP permit, a specified number of antlerless deer carcass and report tags will be issued to the applicant in accordance with the following:
(1) The total number of tags issued will be at the discretion of the department.
(2) DMAP tag(s) are valid only on the land(s) specified in the DMAP permit.
(3) No more than two DMAP tags may be used per hunter per year per DMAP permit, except that the department, in its discretion, may authorize the use of up to four DMAP tags per hunter per year on DMAP permits in wildlife management units where the objective is to reduce the deer population. For those permits where more than two tags per hunter per year may be used, the permit conditions shall state the number of tags allowed per hunter. There is no limit on the number of DMAP permits that a hunter may be authorized to take deer on.
(4) DMAP tags may not be sold.
(5) It shall be the responsibility of the permit holder to distribute all DMAP tags. If the permit holder is a state or municipal government agency, the permit holder must ensure a process of tag distribution that provides equal opportunity for licensed hunters.
(i) Manner of taking, transporting, and reporting.
(1) Immediately upon taking a deer under the authority of a DMAP permit, the taker must use an indelible pen or indelible pencil to sign the carcass tag and fill in all information on the carcass tag. The carcass tag must be attached to the deer, except the carcass tag does not need to be attached while the deer is actually being dragged to a camp, dwelling, or point where transportation is available. The carcass tag must not be removed until the deer is prepared for consumption. The taker must report each harvested deer to the permit holder and to the department in accordance with current game harvest reporting requirements as set forth in section 180.10 of this Title.
(2) Antlerless deer taken pursuant to a DMAP permit must not be transported without the carcass tag attached to it except in accordance with the provisions of subdivisions 4 and 5 of section 11-0911 of the ECL.
(3) The permit holder is responsible for submitting to the department an annual report of all deer taken under the authority of their DMAP permit, by February 15th for permits issued for properties in Suffolk County and by January 15th for properties in all other counties.
(j) Other regulations.
All information requested on the DMAP application must be complete in order to receive consideration. The department may revoke or suspend a DMAP permit where it is obtained through fraud, or where it is obtained by persons not entitled to a DMAP permit, or where false statements are made in the DMAP application. Failure to comply with conditions of the DMAP permit, failure to provide an annual report in accordance with permit conditions, and/or violations of the fish and wildlife law may result in revocation of a DMAP permit and/or denial of future DMAP applications at the discretion of the department.
6 CRR-NY 1.30
Current through October 15, 2021
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