PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Amendment of section 1.40 of Title 6 NYCRR.

Hunting wild turkey.

To establish a fall turkey hunting season on Long Island, and to amend the methods of taking wild turkey statewide.

Paragraph (1) of subdivision 6 NYCRR 1.40 (c) is amended as follows:

(1) Fall. A permittee may hunt wild turkey only during those open seasons and in those wildlife management units (as described in section 4.1 of this title) listed below.

Paragraphs (3) and (4) of subdivision 6 NYCRR 1.40 (f) are amended as follows:

(3) A permittee may hunt turkey with a shotgun or handgun loaded with shot no larger than number 2 and no smaller than number 8.

(4) a permittee may not take turkey with a rifle or handgun except as provided in paragraph (3) of this subdivision.

Michael Schiavone, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4754, (518) 402-8883, email: [email protected]

Same as above.

45 days after publication of this notice.

A programmatic environmental impact statement is on file with the Department of Environmental Conservation.

1. Statutory authority:

Section 11-0303 of the Environmental Conservation Law (ECL) directs the Department of Environmental Conservation (DEC or department) 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 11-0903 and 11-0905 provides for the establishment of hunting regulations for wild turkey.

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 hunting wild turkey, and the methods of taking wild turkey. These tools are used by the department in recognition of the importance of wild turkey hunting for recreational purposes.

3. Needs and benefits:

The department proposes to establish a limited (5-day) fall turkey hunting season in Suffolk County (Wildlife Management Unit 1C) to provide new outdoor recreational opportunities for people who live on Long Island or in the New York metropolitan area.

Fall turkey hunting is currently allowed throughout most of upstate New York, and it is a popular outdoor activity enjoyed by more than 65,000 hunters annually. Almost 16,000 licensed turkey hunters live on Long Island, and the vast majority would welcome an opportunity to pursue these exciting game birds closer to home.

Long Island's wild turkey population is a relatively recent phenomenon, but it is secure enough to sustain a limited harvest. In the early 1990s, DEC staff held public meetings in Suffolk County to propose restoring the wild turkey to Long Island. (The possibility of a future public hunting opportunity was openly addressed during this outreach effort). With strong public support, DEC trapped approximately 75 wild turkeys in upstate New York and released those birds at three locations in Suffolk County. The Long Island population is now estimated at more than 3,000 birds and growing. Turkeys are a common sight at many locations in Suffolk County, attracting the interest of local hunters and non-hunters alike. In some localities, turkeys have become a nuisance or caused property damage, and these problems are likely to increase in the future in both suburban and agricultural areas. A hunting season would help control population growth and may help prevent or provide relief from some of these problems.

This proposal would provide an important opportunity for hunters on Long Island to engage in the sustainable use of the wild turkey resource. Wild turkey populations are very resilient, and DEC is confident that a limited fall hunting season will not put the Long Island population at risk. We expect that the turkey population will continue to grow even with the implementation of a limited fall hunting season. In recent years, other small game hunting opportunities on Long Island have declined as a result of loss of habitat to suburban development and its concomitant impacts on wildlife populations and public access to those populations. Establishing a fall turkey season would help offset the loss of these other hunting opportunities.

Based on staff judgment about turkey harvest potential on Long Island, DEC proposes to establish a limited 5-day fall hunting season beginning on the third Saturday in November. (In 2009, these dates are November 21-25). Most other small game hunting seasons on Long Island are already open at that time, so potential new conflicts with the non-hunting public should be minimal. This season timing also accommodates administrative considerations for DEC staff, who operate several major cooperative hunting areas in Suffolk County beginning November 1 each year.

In addition to the season dates above, DEC proposes that hunters be allowed to take a season limit of only one bird of either sex, using archery, shotgun, or handgun loaded with birdshot (see below). The department will strongly encourage hunters to bring harvested birds to the hunter check station so we can record biological data; however, this will not be mandatory. Shooting hours (one-half hour before sunrise to sunset) and other general hunting regulations would be the same as for other small game hunting on Long Island and for fall turkey hunting elsewhere in New York State.

The department also proposes to allow the use of handguns loaded with shotshells to hunt wild turkeys statewide. Current regulations do not allow the use of a handgun of any kind to hunt wild turkeys. As originally contemplated in the early 1970s, this restriction primarily addressed the use of rifles and handguns shooting a single projectile (i.e., a bullet). However, handguns and handgun ammunition are now available that can safely and effectively harvest a turkey using shotshells that are loaded with the exact same ammunition as used in full-sized shotguns (shot pellets ranging from #2 - 8 in size). Turkeys are often called to within 20 yards or less of a hunter, and this is within the effective range for several styles of handguns available to hunters. Moreover, allowing the use of handguns firing shotshells will allow some persons with temporary or permanent disabilities to effectively hunt wild turkeys by allowing them the use of a smaller and lighter firearm. Accordingly, DEC proposes amending the turkey hunting regulations to allow the use of handguns loaded with shotshells firing shot pellets within the existing shot size restrictions established in the current turkey hunting regulations.

4. Costs:

None beyond normal administrative costs.

5. Local government mandates:

There are no local governmental mandates associated with this proposed regulation.

6. Paperwork:

No additional paperwork is associated with this proposed regulation.

7. Duplication:

There are no other regulations similar to this proposal.

8. Alternatives:

The department considered the following alternatives related to turkey hunting on Long Island:

(a) No season. The department could defer opening a turkey hunting season on Long Island indefinitely, but valuable recreational opportunities would be lost. As the turkey population continues to grow in the absence of harvest, DEC expects nuisance and damage concerns to increase as well, requiring the issuance of depredation permits to remove offending birds.

(b) Spring turkey hunting season. Most hunters would favor a spring turkey hunting season on Long Island, because of the challenging and unique experience that comes from interacting with birds at that time of year. Many would favor a spring season also because there are no other hunting seasons open then, so it would provide another reason for people to spend time enjoying the outdoors. However, due to the multiple uses of public land where wild turkeys occur in eastern Long Island, DEC believes that a fall season would be more acceptable to implement, with fewer potential conflicts, than a more traditional spring hunting season.

(c) Fall hunting season with different dates. The department considered a wide range of possible season lengths and dates, from October through January. The department concluded that for the first year, a very limited (5-day) season was prudent. Impacts on the turkey population should be relatively small, and potential conflicts with non-hunting public should be minimized. The season timing most preferred by hunters was in October, but DEC does not have adequate seasonal staff on at that time to effectively manage the anticipated high demand for turkey hunting on DEC operated lands. The department also considered opening the season the second Saturday in November and running for 5 days. This would create opportunity for all but may increase user conflicts on the properties due to high hunting pressure.

The department considered the following alternatives relative to the use of handguns loaded with Shotshells for wild turkey hunting:

(a) No change to the existing regulations. As stated above, current regulations prohibit the use of all handguns for turkey hunting. The department could elect to continue this ban on handgun use; however, this does not address the limitations of hunters with disabilities who are not able to use a shotgun or bow. The department believes that use of handguns loaded with shotshells using shot pellets can be an effective tool for harvesting a wild turkey and does not pose a safety risk nor violate fair chase principles.

(b) Allow handguns and rifles with conventional single projectile ammunition. New York turkey hunters have long supported restricting ammunition to bird shot only as both a safety measure and as an ethical restriction to require hunters to use a combination of stealth, camouflage, and calls to lure or approach birds to relatively close range (less than 40 yards).

9. Federal standards:

There are no federal standards associated with turkey hunting.

10. Compliance schedule:

Hunters would have to comply with the new regulations beginning in the fall of 2009, if they are adopted as proposed.

The purpose of this rule making is to amend wild turkey hunting regulations to establish a fall wild turkey hunting season in Suffolk County and to allow the use of handguns loaded with shotshells/shot pellets for turkey hunting statewide. This rule will not impose any reporting, record-keeping, or other compliance requirements on small businesses or local government. Therefore, a Regulatory Flexibility Analysis is not required.

All reporting or record keeping requirements associated with wild turkey hunting are administered by the New York State Department of Environmental Conservation (department). Small businesses may, and town or village clerks do, sell hunting licenses, but this rule does not affect that activity. Thus, there will be no effect on reporting or record keeping requirements imposed on those entities. The New York State Penal Law requires a New York State Pistol Permit for anyone to possess handguns, and this regulation has no effect on that requirement. Based on the specialized nature and difficulty of hunting with a handgun, we anticipate few additional hunters to acquire a handgun that do not already legally own one, thus the impacts on reporting or record keeping for county governments that deal with pistol permits are expected to be negligible.

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 wild turkey hunting, particularly in Suffolk County. Some small businesses currently benefit from turkey hunting because hunters spend money on goods and services, and thus an increase in hunter participation should lead to positive economic impacts on such businesses.

Additional hunting activity will not require any new or additional reporting or record-keeping 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 amend the wild turkey hunting regulations to establish a fall wild turkey hunting season in Suffolk County and to allow hunters to use handguns loaded with shotshells/shot pellets to hunt wild turkeys statewide. This rule will not impose any reporting, record-keeping, or other compliance requirements on public or private entities in rural areas, other than individual hunters.

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

Additional hunting activity will not require any new or additional reporting or record-keeping 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 amend wild turkey hunting regulations. The Department of Environmental Conservation (DEC or department) has historically made regular revisions to its wild turkey hunting 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 the hunting of wild turkeys as a means of employment, but some licensed hunting guides benefit from turkey hunting by taking clients on hunting trips. This rule making could enhance this activity. Moreover, this rulemaking is not expected to significantly change the number of participants or the frequency of participation in the regulated activities. In fact, this rule making may slightly increase the number of participants or the frequency of participation in wild turkey hunting, particularly in Suffolk County.

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.