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

Amendment of Parts 1, 2, 4 and 6 of Title 6 NYCRR.

Amendment of wildlife management unit boundaries.

To amend wildlife management unit boundaries and make associated revisions to game species hunting and trapping seasons.

The Department of Environmental Conservation (the department) proposes to amend the boundaries for wildlife management unit (WMU) boundaries. Wildlife management units are the geographic areas within which hunting and trapping season dates are established. Wildlife management units are also the areas in which hunters apply for deer management permits (DMPs). Since DMP quotas are established on a WMU basis, the proposed changes may affect the geographic distribution of DMPs as well. The last revision of WMU boundaries was completed in 1998. The proposed changes will result in a reduction from the current 96 WMUs to 92 WMUs. Several of the proposed changes will also result in minor changes to game species regulations (both hunting and trapping) incidental to the WMU boundary changes. The proposed changes primarily occur in the department’s Regions 4, 5, 6 and 7. Minor changes are also made in parts of Region 3 and Region 8.

Nonsubstantial changes were made in section 4.1(a)(41) and (42).

Gordon Batcheller, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4754, (518) 402-8885, email: [email protected]

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 (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. Environmental Conservation Law sections 11-0903 and 11-0905 provide for the establishment of small game species harvest regulations. Environmental Conservation Law section 11-0907 provides for the regulation of deer and black bear hunting seasons. The regulation of open trapping seasons is authorized by ECL Law section 11-1103.

2. Legislative objectives:

The legislative objective behind the statutory provisions listed above is to authorize the department to establish, by regulation, certain basic wildlife management tools, including the setting of open areas via described "wildlife management unit" (WMU) boundaries, and restrictions on methods of take and possession. These tools are used by the department to maintain desirable wildlife species in ecological balance, and to protect public health and welfare.

3. Needs and benefits:

The department proposes to amend WMU boundaries. The current WMU boundaries were adopted in 1998. This proposal would reduce the total number of WMUs to 92 (from 96) through the consolidation of units that no longer serve a significant management purpose as stand-alone units. Also, several units are redrawn primarily to address management needs pertaining to deer. In some cases, these changes also mean that season dates for other species are altered.

WMU 4N will be eliminated and combined with WMU 4F. These WMUs have similar forest land cover, similar land use practices, and similar deer management objectives. There is no management need to keep these areas separate.

WMU 4M will be eliminated and combined with parts of existing WMU 4K and 4L. A citizens task force recommended that deer populations be increased in the Taconic Mountains portion of WMU 4M, but decreased in those parts of WMU 4M with significant farm land use. Consequently, the Taconic Mountain portion of WMU 4M would be combined with WMU 4L to form a new unit managed for a higher deer population. The remaining portions will be managed for a lower deer density to protect agricultural interests. The western boundary of WMU 4L will be redrawn (moved east) to better distinguish between an intensively-farmed area and a heavily-forested area.

WMU 4X will be eliminated and included in WMU 3A. These two areas have similar land use and habitat conditions. There is no benefit to keeping them separate.

Existing WMUs 5K, 5N, and 5P (primarily Washington County) will be eliminated and redrawn to form new WMUs 5S and 5T. WMU 5P is a very small unit that is ecologically similar to areas to the north and south currently comprising WMU 5N. There is no management reason to keep these areas separate, so WMU 5P should be combined with the adjacent areas. Wildlife Management Unit 5K is a very long and narrow unit within the Hudson River Valley that was originally defined to allow for a closed river otter trapping and bobcat hunting/trapping season. However, river otter and bobcat populations in this area are considered secure and similar to populations in the northern section of current WMU 5N. This area will be redrawn as WMU 5T while the remaining area of WMU 5N and 5P will be designated WMU 5S. The boundary between the two new proposed units is based on differences in land use, topography, and deer density. The reconfiguration of WMUs in this area will result in the opening of the river otter trapping season (November 25-March 15) and the bobcat hunting and trapping season (October 25 - February 15) in the area of current WMU 5K. Wildlife management unit 5K is a narrow unit that is between WMUs 5J (to the west) and 5N (to the east). Bobcat harvest in these neighboring WMUs has been consistent in recent years. Additionally, the Northern Taconics, of which WMU 5N is a part, contain high quality bobcat habitat and harvest rates are among the highest in the State. Similarly, river otter harvest in WMUs 5J and 5N has been consistent in recent years. Therefore, opening the bobcat and river otter season in existing WMU 5K should not have a significant impact to these populations. Eliminating this small, narrow WMU will also alleviate law enforcement issues resulting from having a small unit that is closed to bobcat and river otter harvest bordered by two larger units that have open seasons on these species.

The north boundary of WMU 5C will be moved northward into current WMU 5A. (WMU 5C will be larger and WMU 5A smaller.) This is needed to better define a primarily wooded area (WMU 5C) from the heavily-farmed area within WMU 5A, thereby facilitating deer management.

In the final rule making, the department has adjusted the boundaries of WMUs 5H and 5J because it was determined that a portion of these WMUs was delineated incorrectly. The area between Sacandaga Lake and Caroga Lake has been moved out of WMU 5J and into WMU 5H. This change results in more uniform habitat conditions within each respective WMU.

A portion of WMU 6K will be expanded north into WMU 6G, adjacent to WMU 6N. Presently, the deer population in WMU 6G is well above management objectives. The adjacent unit, WMU 6N (the Tug Hill Plateau) has very low deer densities. The new boundaries will create a "transition" zone allowing for more effective deer management in the three bordering units.

A portion of WMU 6C will be expanded east into current 6J to improve deer management in the Black River Valley. The deer population within the Black River Valley has increased significantly in recent years, and a more aggressive management strategy is required. The department currently uses nuisance deer permits and deer management assistance permits to reduce conflicts with farming. However, this approach is inadequate and the use of deer management permits is necessary within the newly defined unit, WMU 6C.

The small portion of WMU 6G that would become part of WMU 6K would change from a three week-long season with a bag limit of two turkeys to a three week-long season with a bag limit of one turkey, resulting in less hunting opportunity. However, the harvest of turkeys via the two bird limit in this location is very small, and the region believes that a reduction to one bird per season in this location will be inconsequential.

The portion of WMU 6J that would become part of WMU 6C means that a new area with a more liberal fall turkey hunting bag limit (two turkeys vs. one turkey) would be created, resulting in more hunting opportunity. This is consistent with the fact that the affected area, the Black River Valley, has high turkey densities. The region predicts a minimal change in total turkey harvest for this area.

The expansion of WMU 6C into part of WMU 6J means that land trapping seasons will close later in a small area of the Northern Zone. Currently, WMU 6J has a December 10 closing date. With the proposed change, the closing date will extend to February 15. Trappers in the Northern Zone have long called for a lengthened trapping season, and they are expected to strongly support this change to a portion of the land trapping season. While this will result in a longer trapping season, we do not expect to see a significant increase in harvest of these species, with the possible exception of coyote which are widespread and abundant in many areas of New York.

Bobcat hunting and trapping is currently not allowed in WMU 6K, therefore the small portion of WMU 6G that will become WMU 6K will result in some loss of opportunity. Department records of historical harvest from this area indicate that few bobcat have been harvested, and the effects of this change will be minimal.

Since WMU 6J would become smaller, and marten trapping is currently allowed in this unit, the proposed changes would result in a small loss of marten trapping opportunity in the Northern Zone. The department's records of marten harvest in the affected area show that very few marten are taken, and the effects of this change on trappers will be minimal. There will be two additional weeks of trapping for beaver and river otter in the area of WMU 6J that will become part of WMU 6C.

A new unit WMU 7P will be created primarily to provide more flexibility for bear and deer management. The bulk of the area from which 7P will be formed currently lies in WMU 7M. A small area from existing WMU 7S is also involved. The new unit more closely aligns with, or encompasses, areas with well established bear populations and will provide flexibility for future bear management decisions, specifically changes in season dates. Deer program interests, largely constituent interests, are also addressed with the proposed change. WMU 7M is the largest southern zone WMU and as such, generates a considerable amount of discontent from deer hunters, who believe that the unit is too diverse to be treated uniformly and that management efforts would be enhanced by subdividing the unit. The part of WMU 7M being realigned into WMU 7S differs from the remainder of WMU 7M in having significantly less State Forest land and thus different access opportunity for deer hunting. In combination with existing units, creation of WMU 7P will provide greater ability to align bear seasons with the likely gradient of bear populations in the region and will also address a long standing complaint from sportsman that WMU 7M is too large. It will also provide more flexibility to manipulate deer populations in response to concerns about deer effect on forest regeneration on State Forest or other forested lands.

The creation of WMU 7P will have a localized effect on goose season dates and bag limits. For Canada goose hunting areas and seasons, the East Central boundary will be moved to the southern border of the newly created WMU 7P to limit harvest of migrant Atlantic Population Canada geese whose breeding population is currently below target. The goose hunting season length would be reduced from 80 to 45 days and the daily bag limit would be reduced from 5 to 3 geese after September. While the affected area is less than 70 square miles in size, the change would apply to lands along approximately 25 river miles on the Tioughnioga and Chenango Rivers, as well as in Chenango Valley State Park, thus reducing the ability to harvest nuisance geese in these areas. Consequently, the proposed change may result in more complaints of nuisance geese compared to the current levels.

WMU 8K will be eliminated (and combined in the current WMU 8J). WMU 8K was originally defined to accommodate special deer management needs at the Seneca Army Depot. With the availability of deer management assistance permits, this is no longer needed.

4. Costs:

None, except administrative costs associated with rule making, and production of a new map.

5. Local government mandates:

This rule making imposes no mandates upon local governments.

6. Paperwork:

No additional paperwork is associated with this rule making.

7. Duplication:

None.

8. Alternatives:

Continuation of the current WMU boundaries would fail to address the necessary changes described above.

9. Federal standards:

There are no federal standards associated with this rule making.

10. Compliance schedule:

Hunters and trappers will need to comply with the new WMU boundaries beginning with the early bear season in the northern bear range (September 2009).

The department made minor changes to the final rule to correct an error in the boundary descriptions for Wildlife Management Units 5H and 5J. These minor technical changes do not have an impact on the regulatory effects of the proposed rule. Therefore, revisions to the previously published Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement are not needed.

The department received comments on the proposed amendments. A summary of these comments and the department's response follows:

Comment:

Deer hunters and turkey hunters will be negatively impacted by the proposal. In particular, concern was expressed about the loss of muzzleloading opportunity for deer in Region 6.

Response:

Muzzleloading seasons in the Northern Zone are adjusted on a regular basis to reflect deer herd condition, largely based on prior winters as well as an assessment of hunter harvest. Muzzleloading opportunities in Region 6 will be adjusted accordingly, and future season dates will conform to the new Wildlife Management Unit (WMU) boundaries. A small portion of Jefferson and Lewis Counties (formerly in WMU 6G) will now be part of WMU 6K and thereby will not have a late muzzleloading season during the 2009-2010 hunting season. However, the boundary change extending WMU 6C into the Black River Valley will provide additional late muzzleloading season opportunity in this area.

The fall wild turkey season will change from a two-bird fall bag limit to a one-bird bag limit in portions of eight townships in Jefferson and Lewis Counties. In addition, portions of eight townships in Lewis County will change from a one-bird bag limit to a two-bird bag limit. The more conservative bag limit (2-bird bag to 1-bird bag) in the expanded portion of WMU 6K will occur in the Tug Hill Transition ecozone. This area has low hunting pressure and can have severe winter conditions, so the impacts to turkeys and turkey hunters should be minimal here. The more liberal bag limit in the expanded portion of WMU 6C will occur in the Black River Valley. Again, participation in fall turkey hunting in this area is low, so impacts to local populations should be minimal. In addition, the preponderance of agricultural activities such as dairy farms in this area has been beneficial to local turkey populations and birds are abundant.

Comment:

Support was expressed for the changes to WMU 6C.

Response:

The department agrees that the proposed change to the boundary for WMU 6C is sensible and appropriate.

Comment:

The WMU boundaries should be based on county boundaries because (1) Most people know where the county boundaries are located; and (2) It is hard to set a WMU boundary with uniform topographic features and land use.

Response:

Whenever possible, WMU boundaries follow major highways or bodies of water. These are easily identified in the field, facilitating both compliance with hunting and trapping laws, and law enforcement. County boundaries, on the other hand, are political boundaries and rarely follow identifiable features on the ground. For this reason, county boundaries are not a practical basis for designating WMUs, since hunters and trappers would be unable to easily determine where they were located when afield.

Comment:

Regarding WMUs 7M, 7P, 7R, 7S: these descriptions refer to "State Route 81" and "State Route 88." The "Interstate" designation should be used for these highways, not "State Route."

Response:

The department has corrected this error.

Comment:

The boundary for WMU 7M should be broken down even further. Even with the proposed change to designate a new WMU 7P, WMU 7M remains too large to manage.

Response:

The department believes that the proposed split of WMU 7M into two WMUs (7M and 7P) is both practical and consistent with deer and bear management needs. Wildlife Management Unit boundaries are established because of similar land use and ecological conditions, and the proposed boundaries reflect those standards.

Comment:

Creation of WMU 7P for bear and deer management will reduce Canada goose hunting opportunity for an area that was previously in WMU 7S. Any loss of opportunity to harvest and help control the growth of local-nesting or "resident" Canada geese should be avoided, and the rationale that it will help simplify hunting regulations is not sufficient.

Response:

The affected area is quite small (about 70 square miles), and there will still be substantial opportunity for hunter harvest of resident Canada geese in that area. In addition to the 45-day regular season (typically between late October and mid-December, when geese are likely found throughout that area), there is a 25-day September goose hunting season that specifically targets resident Canada geese. The reduced season length will primarily affect hunting opportunity in late December, early January and early March. During this period of time, there will be few geese in the newly defined WMU 7P. Therefore, there will be minimal impacts on goose hunting opportunity in this area. The boundaries of the new unit are simpler and more distinct (Interstate Routes 81 and 88) than the current line (NYS Route 79, with more complicated connections to I-81 and I-88). Regardless how goose hunting areas are delineated, we will continue to seek expanded opportunities to harvest resident geese in all areas of the state, while ensuring adequate protection of migratory goose populations that occur in New York during fall and winter.

In finalizing the WMU boundaries in this notice of adoption, the department has corrected an error involving WMUs 5H and 5J. The boundary for WMU 5H has been moved slightly southward in the vicinity of the west side of the Sacandaga Reservoir in parts of Fulton and Hamilton Counties. This area is ecological similar to most of the habitats in WMU 5H, and should not be included in WMU 5J, as originally proposed. The remaining portions of the proposal have been adopted without modification.