The Department received comments on the proposed rule. A summary of these comments and the Department's response follow:

Comment: Many comments mentioned the enjoyment that comes with seeing bears but also indicated that the bear population was too numerous, and that concerns for public safety and property damage have increased. The comments stated that the proposed regulation change is a necessary means to reduce the bear population.

Response: The Department agrees. Bear hunting remains the only viable and cost effective tool for controlling bear numbers on a landscape scale. Opening the regular bear season in the Catskills on the same day as the regular deer season is expected to increase bear harvest, reduce bear population growth, and reduce bear range expansion. The Department anticipates that increased bear harvests in the Catskills will result in a reduction in negative bear-human interactions, and reduce levels of bear nuisance activity.

Comment: Many comments were received in support of the proposed expansion of black bear hunting season in the Catskills, noting that sightings of bears and bear sign have increased in recent years and that the bear population should be reduced.

Response: The Department uses population reconstruction models and several other indices to track bear populations, all of which show bear population growth in recent years. The Department agrees that the black bear population in the Catskills should be reduced.

Comment: There were many comments that supported the proposed changes because they will provide more hunting opportunity, thereby contributing to effective management of black bears and increased hunter satisfaction. Several hunters commented that they have only seen bears while hunting during the first few days of deer season, when the bear season was not yet open. These hunters expressed strong support for the proposal.

Response: The proposed rulemaking will afford hunters in the Catskill range additional black bear hunting opportunity. Approximately 35% of all Southern Zone buck deer harvest occurs during the first two days of the regular deer season, and many hunters may only hunt those two days of the season. By changing the bear season in the Catskill range to open concurrently with the regular deer season, the proposal will give many hunters the opportunity to take a bear.

Comment: Some people commented that reducing the black bear population may reduce predatory pressure on white-tailed deer and allow the deer population in the Catskills to grow.

Response: Black bears are known predators of deer, particularly deer fawns. The impact of bear predation on deer populations in the Catskills has not been documented. Reduction of bear populations in the Catskills may result in increased survival of fawn deer, but the Department does not expect significant changes in the deer population due to this proposed rule-making.

Comment: Comments were received from several beekeepers and an organization representing agricultural interests. The beekeepers reported increasing levels of damage from bears in recent years and strongly supported the proposed rule-making as a means to reduce damage to their hives. The agricultural organization considers the proposed rule-making to be beneficial to New York's farming sector and is hopeful similar bear season expansions could be extended to other areas of the state.

Response: Increased harvest of bears by hunters may reduce destruction of bears by apiarists and reduce the need for nuisance permits for agricultural damage. The proposed rule-making only addresses the regular bear hunting season in the Catskill range, though the Department may consider changes to bear hunting in other areas of New York as needed to meet management objectives.

Comment: Several comments indicated that the negative impacts associated with bears are primarily a human behavior problem, not a bear problem. Comments suggested that the Department should educate the public in black bear management and nuisance prevention/control practices; the Department should limit the public's ability to build homes in areas occupied by bears; an expansion of the hunting season will not, by itself, resolve problems created by just a few bears; and the Department should implement a long-term non-lethal management program (e.g, preventing bear access to attractants, using fencing and repellents, and aversive conditioning by Department staff).

Response: The Department has long-standing and ongoing programs to educate the public and prevent bear damage. The Department recognizes that effective bear management involves education, non-lethal intervention, and population management. Information concerning these three categories is accessible through the Department's website (www.dec.ny.gov). The Department has recently initiated a series of public meetings across the state to educate the public about bear population status and distribution in New York. These meetings are also intended to inform the public about living in proximity to bears and actions they can take to reduce the potential for negative human-bear interactions.

Despite the Department's educational outreach, this strategy alone is not sufficient to mitigate damages caused by black bear, and additional measures above and beyond education are needed to reduce damage and conflicts with people.

While residential development has increased within bear range, the bear population has also begun to occupy new areas. Addressing how and where humans choose to build their homes is beyond the scope of this proposal, but this proposed rule-making is expected to reduce bear range expansion.

The Department firmly believes that hunting is an important component of a comprehensive management program, which includes efforts to mitigate the negative black bear impacts over large areas. The additional harvest anticipated in the Catskill range, in combination with education and preventative measures, is expected to bring the number and magnitude of negative impacts in better balance with human interests.

Comment: Comments were received opposing the proposed rule-making because of concern of increased trespass and other illegal activity.

Response: The Department believes that the majority of black bears harvested in the proposed areas will be taken opportunistically by deer hunters. The Department does not believe the proposed rule-making will alter hunter behavior to increase levels of trespass or illegal activity in the Catskill bear hunting area.

Comment: Comments were received opposing the proposed rule-making because of opposition to any bear hunting, stating that hunting is a cruel and inhumane method of bear population control.

Response: The Department firmly believes that bear hunting is the only viable management action for controlling bear numbers on a landscape scale and is an essential component of a comprehensive management program that also includes public education and non-lethal measures of reducing negative bear impacts. Bear hunting is a lawful and effective method of controlling bear populations through regulated harvest.

Comment: One comment suggested that the Department's estimates of the bear population in the Catskill bear range is incorrect and inflated due to multiple complaints being generated by an individual bear.

Response: The Department monitors several indices of the bear population (annual bear harvest, nuisance complaints, non-hunting mortality, citizen observations) to determine population trends. The Department also uses biological data to reconstruct the bear population. The Department's bear population indices and model support the estimated size of the bear population in the Catskills and its ability to sustain more hunting pressure.

Comment: Several bear hunters commented that the proposed rule-making will allow a larger number of bears to be taken incidentally by deer hunters. They expressed concern that this may lead to increased wanton waste of bears and over-harvest.

Response: The Department recognizes that a majority of the bear harvest occurs when deer hunters encounter and take a bear. These hunters are typically very responsible with their harvest, and the Department does not believe the proposed rule-making will result in waste of harvested bears. The Department will continue to monitor trends in the bear population to ensure that over-harvest does not occur.

Comment: Several comments were received suggesting that the proposed lengthening of the bear hunting season in the Catskill bear range will not result in an increased harvest of nuisance bears.

Response: The Department's intent with the proposed rule-making is to increase harvest of black bears in the Catskill bear range. A reduction in bear population is expected to reduce negative bear-human interactions. Furthermore, the proposed rule-making will result in bears being taken by deer hunters. Deer hunters often frequent fringe habitat (transition areas between forest and agriculture or forest and residential) and bears taken in these areas are likely to also be bears that have caused negative impacts.

Comment: One comment suggested that bear management programs should be thoroughly researched and developed to help maintain a healthy balance between people and nature before hunting occurs.

Response: The current proposal was developed by professional wildlife staff after due consideration of the available biological data and public attitudes. Further, the proposal is consistent with the Department's mandate for wildlife management and objectives of the Department's bear management program. This includes balancing the needs of people with the desire to sustain a viable black bear population at the landscape level. The Department's proposal will help to accomplish this balance.

Comment: One comment stated that the Department's proposal is an overreaction to a relatively minor problem. The comment suggested that killing bears is the worst way to resolve conflicts between bears and humans and that the best solution is to remove the temptations that bring bears into proximity with humans.

Response: The bear population in the Catskill range has expanded in number and distribution in recent years. Concurrent with that population growth, the number and nature of negative bear-human interactions also increased. The Department disagrees that negative human-bear conflicts are a minor problem.

Removing attractants that entice bears into proximity with humans is a critical component in reducing human-bear conflicts but alone is insufficient to control population growth and expansion. The increased harvest of bears should slow population growth and expansion. In turn, a reduced bear density is expected to lower the number of bears in proximity to humans and reduce negative human-bear conflicts. While bears are generally wary of people and often seek to avoid encounters with humans, bears can become habituated to people and may develop bold or aggressive behavior, especially when they are conditioned to find food near homes (e.g., garbage, bird feeders, and barbeque grills). The Department will continue to respond to nuisance bear activity on a case-by-case basis and to educate the public in methods to reduce their potential for negative bear interactions. However, the Department also believes that expansion of hunting opportunity in the Catskill bear range, as proposed, is necessary to reduce the bear population.

The proposed rule-making is intended to stabilize or decrease the number of bears, and thereby reduce negative interactions between bear and people, while concurrently providing additional hunting opportunity for bears. The Department believes that this proposal will achieve these goals, and therefore the Department is adopting the proposed rule-making as originally published.