Amend existing subparagraphs 6.2(a)(2), (a)(4), (a)(5), (b)(2), (c)(2)-(4) to read as follows:

§ 6.2 Mink, muskrat, raccoon, opossum, weasel, red fox, gray fox, skunk, coyote, fisher, bobcat and pine marten trapping seasons and bag limits.

(a) No person shall trap the following listed species except during the open trapping seasons corresponding to the listed wildlife management units, or parts of units. Refer to Section 4.1 of this Title for a description of wildlife management units.

(2) Raccoon, red fox, gray fox, skunk, coyote, opossum and weasel.

(4) Fisher.

(5) Pine Marten.

(b) Bag limits.

(2) Mink, muskrat, fisher, raccoon, red fox, gray fox, skunk, coyote, bobcat, opossum and weasel may be taken by trappers in any number during their respective open seasons, except in Wildlife Management Units 4F, 4O, 7A, 7M, 7P, 7R,7S, 8T, 8W, 8X, 8Y, 9J, 9K, 9M, 9N, 9P, 9R, 9S, 9T, 9W, 9X, 9Y where a maximum of one fisher may be taken by a single trapper during the open season for trapping fisher.

(c) Bobcat or Fisher permit.

(2) No person shall trap fisher in Wildlife Management Units 4F, 4O, 5A, 5C, 5F, 5G, 5H, 5J, 6A, 6C, 6F, 6G, 6H, 6J, 6K, 6N, 7A, 7M, 7P, 7R,7S, 8T, 8W, 8X, 8Y, 9J, 9K, 9M, 9N, 9P, 9R, 9S, 9T, 9W, 9X, 9Y unless the person holds a revocable special permit for fisher issued by the department.

[(2)](3) Requirements and procedures for obtaining a bobcat or fisher permit will be described in the department's annual hunting and trapping syllabus and on the department's website.

[(3)](4) The holder of a bobcat or fisher permit must comply with all conditions stated on the permit.

Repeal existing subparagraph 6.3(a)(1) and renumber subparagraphs (a)(2) through (a)(16) as subparagraphs (a)(1) through (a)(15).

Amend renumbered subparagraph 6.3(a)(1) to read as follows:

(1) [(2)] No person shall use traps of the leg - gripping type [that have teeth in the jaws or that have a spread of jaws] with a dimension of greater than 5¾ inches except that traps up to 7¼ inches may be used when set under water during the open season for trapping beaver or otter. No person shall set or use a [body] leg - gripping type trap [with a dimension of more than 7½ inches except when used in water during the open season for trapping beaver and otter. No person shall set a trap] in such a manner that the animal, when caught, would be suspended. No person shall use traps of the leg-gripping type that have teeth in the jaws.

Amend renumbered subparagraphs 6.3(a)(5) and (a)(6) to read as follows:

(5) [(6)] [No person shall trap beaver or otter with traps of the leg - gripping type that have teeth in the jaws or that are set under water and have a spread of jaws greater than 7¼ inches.] No person shall set or use on land a body - gripping type trap with a dimension of more than 7½ inches [for trapping beaver or otter]. Body-gripping traps with a dimension of more than 7½ inches may be set in the water during the open season for beaver or otter. No [person shall set a trap for beaver or otter] body-gripping trap may be set in such a manner that the animal, when caught, would be suspended. No person shall use traps of the body-gripping type that have teeth in the jaws.

(6) [(7)] It is unlawful for any person to disturb a beaver den or house (an aggregate of sticks and mud, either free-standing in water or connected to a bank) at any time. This restriction does not apply to holes in a bank without a den or house. It is unlawful for any person to trap on or within 15 feet of a beaver dam, den or house, [or within 15 feet thereof,] measured at ice or water level, except under the following conditions:

(i) During an open otter season, traps of any legal size may be set on or within 15 feet of a beaver dam, but not on or within 15 feet of a beaver den or house.

(ii) During [a] an open or closed otter season, [when using one] any of the following traps may be set on or within 15 feet of a beaver dam, den, or house:

Amend renumbered subparagraph 6.3(a)(11) to read as follows:

(11) [(12)] Trigger specifications for body gripping traps in the Southern Zone. In the Southern Zone, no person shall use or set a body gripping trap with a dimension of more than [nine] 8½ inches in any wildlife management unit where the river otter trapping season is closed, unless the trap has only one triggering device and such device is a "two-way/parallel trigger" possessing all of the following design features:

Add new subparagraph 6.3(a)(16) to read as follows:

(16) In the northern zone (Wildlife Management Units 5A, 5C, 5F, 5G, 5H, 5J, 6A, 6C, 6F, 6G, 6H, 6J, 6K and 6N) body-gripping traps set on land may not be set with bait or lure during a closed season for fisher and/or marten. Refer to paragraphs 6.2(a)(4) and (5) for descriptions of fisher and pine marten seasons, respectively.

1. Statutory Authority

Section 3-0301 of the Environmental Conservation Law (ECL) directs the Department of Environmental Conservation (DEC or department) to provide for the propagation, protection, and management wildlife.

Section 11-0303 of the ECL directs DEC to develop and carry out programs that will maintain desirable species in ecological balance, and to observe sound management practices. This directive is to be met with regard to: ecological factors, the compatibility of production and harvest of wildlife with other land uses, the importance of wildlife for recreational purposes, public safety, and protection of private premises.

ECL sections 11-0917 and 11-1101 describe the conditions under which wild game may be possessed, transported, or sold, and which trapping activities are prohibited.

ECL section 11-1103 states that the department may by regulation permit trapping of beaver, fisher, otter, bobcat, coyote, fox, raccoon, opossum, weasel, skunk, muskrat, pine marten and mink and may regulate the taking, possession and disposition of such animals.

ECL section 11-1105 describes how traps may be set, how often they must be checked, and how animals may be dispatched.

2. Legislative Objectives

The legislative objectives behind the statutory provisions listed above are to authorize the department to establish, by regulation, certain basic wildlife management tools, including the setting of open areas for trapping fisher and other furbearers. These tools are used by the department in recognition of the importance of trapping for recreational purposes.

3. Needs and Benefits

The Division of Fish, Wildlife and Marine Resources (Division) proposes to establish a new 9-day fisher trapping season in select Wildlife Management Units (WMUs) in central and western New York that can sustain a limited harvest opportunity based on analyses of fisher population data and estimates of trapping pressure. In addition, the Division proposes a restriction of the fisher season in Adirondack WMUs from 46 days to 22 days based on scientific evidence that harvest rates in those units is exceeding 20%, the threshold for sustainable harvest. Finally, the Division is proposing minor revisions to the general trapping regulations for furbearers to improve clarity and ease compliance and enforcement.

4. Costs

None beyond normal administrative costs.

5. Paperwork

The proposed revisions require participants in fisher trapping seasons in the Northern Zone and select Wildlife Management Units (WMUs) in central and western New York to obtain a special permit from DEC free of charge and to complete a trapping effort log. These requirements allow wildlife managers to obtain important information on trapping harvest, participation, and effort to ensure that harvest is sustainable.

6. Local Government Mandates

These amendments do not impose any program, service, duty or responsibility upon any county, city, town village, school district or fire district.

7. Duplication

There are no other regulations similar to this proposal.

8. Alternatives

Alternatives for Fisher Trapping in Adirondack WMUs in Northern New York

No changes to fisher trapping seasons in Adirondack WMUs. A fundamental part of fisher management is that populations can generally sustain annual harvest rates of approximately 20%. Harvest and trapping effort data from the Adirondacks indicate that the fisher population has declined in recent years and that harvest rates exceed 20%. Based on our analysis of fisher harvest data, DFWMR staff concluded that some changes to trapping regulations are necessary to ensure that fisher harvests are managed on a sustainable basis as a public trust resource.

Implement a seasonal bag limit on fishers in Adirondack WMUs. Imposing a seasonal bag limit on fishers, with or without some season reduction, could be used to reduce the harvest and directly align fisher and marten trapping regulations in the Adirondacks (current regulations include a seasonal limit of 6 marten per trapper). Trappers in the Adirondacks usually pursue both species simultaneously and the methods used to trap these species are very similar. However, a seasonal bag limit on fishers creates some challenges for law enforcement; for example, trappers exceeding their bag limit may tag them on another trapper’s permit, or report the harvest from an adjacent WMU where there was no limit. Bag limits also can be burdensome to trappers who typically set numerous traps at one time, but have no way to limit their cumulative take each day. Consequently, having a restrictive bag limit could result in unintended violations and discourage trapping participation.

Temporarily close fisher trapping seasons in Adirondack WMUs. Fisher trapping season closures were implemented in New York in 1977, 1983, and 1984; however, the recently observed fisher harvest declines do not warrant such action at this time. While such measures may provide immediate relief of harvest pressure on fisher populations, short-term season closures are unlikely to provide long-term benefits if other harvest restrictions are not implemented when seasons are re-opened. Furthermore, because fishers and martens are trapped using the same methods, the marten trapping season in the Adirondacks would also be closed under this alternative. Fishers would also continue to be harvested incidental to other terrestrial furbearers with concurrent seasons (e.g., fox, raccoon, coyote). Lastly, when trapping seasons are closed, the Department loses a valuable source of data (i.e., biological data collected during pelt sealing) that is used to assess population status and make management decisions.

Alternatives for Fisher Trapping in Central and Western New York

Maintain a closed season for trapping fishers. While maintaining a closed season for fisher trapping is a viable management option, providing regulated trapping opportunities is consistent with the NYSDEC Bureau of Wildlife’s mission “To provide the people of New York the opportunity to enjoy all the benefits of the wildlife of the State, now and in the future.” These benefits include opportunities to harvest and observe fishers in the wild. Even with the proposed opening of a limited trapping season Central/Western New York, we expect fisher populations to continue to expand to other areas of western New York (e.g., the Lake Plains) which will provide additional opportunities for the public to observe and enjoy this species in the future.

Open a fisher trapping season with harvest regulations similar to other areas of New York (existing or proposed). We considered this option to address potential concerns regarding inequity of harvest opportunities among fisher management zones or having different trapping seasons and regulations across the state. However, our assessment of fisher populations and harvest data from ecologically-similar areas of southeastern New York, suggested that a more conservative season than occurs elsewhere currently (46 days) or than is proposed for the Adirondack WMUs (22 days) was more appropriate for opening a new season. The proposed 9-day season, with a seasonal bag limit of one fisher, will almost certainly be sustainable, provide some new harvest opportunities, and provide data that we can use to evaluate possible season expansions in the future.

Alternatives for Revisions to General Trapping Regulations for Furbearers

Make no changes to existing general trapping regulations in NYCRR Section 6.3. We can continue to manage furbearers without making changes to the general regulations described in Section 6.3, but the current wording has led to confusion among both trappers and law enforcement personnel, making compliance and enforcement a challenge.

9. Federal Standards

There are no federal standards associated with fisher trapping.

10. Compliance Schedule

Trappers would have to comply with the new regulations beginning in the fall of 2015, if they are adopted as proposed.

The purpose of this rule making is to revise existing fisher trapping seasons in northern New York and establish a new nine-day trapping season in select Wildlife Management Units in central and western New York. In addition, this rule making is needed to update and clarify general trapping regulations for furbearers. This rule will not impose any reporting, recordkeeping, or other compliance requirements on small businesses or local government. Therefore, a Regulatory Flexibility Analysis is not required.

All reporting or recordkeeping requirements associated with trapping in general, and fisher trapping in particular, are administered by the New York State Department of Environmental Conservation (department). Small businesses may, and town or village clerks do, sell trapping licenses, but this rule does not affect that activity. Thus, there will be no effect on reporting or recordkeeping requirements imposed on those entities.

Based on the department’s past experience in promulgating regulations of this nature, and based on the professional judgment of department staff, the department has determined that this rulemaking may slightly increase the number of participants or the frequency of participation in fisher trapping, particularly in select Wildlife Management Units in central and western New York. Some small businesses currently benefit from trapping because trappers spend money on goods and services, and thus an increase in trapper participation should lead to positive economic impacts on such businesses.

Additional trapping activity will not require any new or additional reporting or recordkeeping by any small businesses or local governments. For these reasons, the department has concluded that this rulemaking does not require a Regulatory Flexibility Analysis.

The purpose of this rule making is to revise existing fisher trapping seasons in northern New York and establish a new nine-day trapping season in select Wildlife Management Units in central and western New York. In addition, this rule making is needed to update and clarify general trapping regulations for furbearers. This rule will not impose any reporting, recordkeeping, or other compliance requirements on public or private entities in rural areas, other than individual trappers.

All reporting or recordkeeping requirements associated with trapping are administered by the New York State Department of Environmental Conservation (DEC or department). Small businesses may, and town or village clerks do, issue trapping licenses, but this rule making does not affect that activity.

Additional trapping activity will not require any new or additional reporting or recordkeeping by entities in rural areas, and no professional services will be needed for people living in rural areas to comply with the proposed rule. Furthermore, this rule making is not expected to have any adverse impacts on any public or private interests in rural areas of New York State. For these reasons, the department has concluded that this rulemaking does not require a Rural Area Flexibility Analysis.

The purpose of this rule making is to revise existing fisher trapping seasons in northern New York and establish a new nine-day trapping season in select Wildlife Management Units in central and western New York. In addition, this rule making is needed to update and clarify general trapping regulations for furbearers. The New York State Department of Environmental Conservation (DEC or department) has historically made regular revisions to its trapping regulations. Based on DEC’s experience in promulgating those revisions and the familiarity of regional department staff with the specific areas of the state impacted by this proposed rulemaking, the department has determined that this rule making will not have a substantial adverse impact on jobs and employment opportunities. Few, if any, persons actually use recreational trapping as a means of employment, but a modest increase in trapping participation in some select Wildlife Management Units in central and western New York may benefit local businesses and businesses that sell trapping supplies and equipment.

For these reasons, the department anticipates that this rulemaking will have no impact on jobs and employment opportunities. Therefore, the department has concluded that a job impact statement is not required.