Repeal paragraph (2) of 6 NYCRR 6.1(a) and adopt new paragraph (2) of 6 NYCRR 6.1(a) as follows:

Repeal paragraph (1) of 6 NYCRR 6.2(a) and adopt new paragraph (1) of 6 NYCRR 6.2(a) as follows:

Amend paragraph (4) of 6 NYCRR 6.3(a) as follows:

(4) Traps set for taking wildlife must be visited once in each 24 hours, except they must be visited once in each 48 hours when set in wildlife management units (WMUs) 5C, 5F, 5G, 5H, 5J, 6F, 6J and 6N and when set in water in WMUs 5A, 6A, 6C, 6G, [and] 6H, and 6K during the open season for beaver, otter, mink and muskrat.

Repeal paragraph (12) of 6 NYCRR 6.3(a) and adopt new paragraph (12) of 6 NYCRR 6.3(a) as follows:

(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 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:

(i) the sides of the trigger notch are perpendicular to the side of the frame to which the trigger is attached;

(ii) the trigger only moves along an axis at right angles to the side of the frame to which the trigger is attached;

(iii) the trigger wires are joined together to form a fixed set of closely parallel or twisted wires operating as a single vertical trigger assembly;

(iv) the trigger assembly is no longer than 6 ½ inches, measured from the inside edge of the frame of the trap where the trigger is attached to the end of the trigger wires; and

(v) the distance between the inside edge of one side of the trap and the nearest trigger wire shall be no less than eight inches.

Amend subparagraph (ii) of 6 NYCRR 6.3(a)(16) as follows:

(ii) No person shall set on land a body-gripping trap that measures 5 ½ to six inches [or less] unless it is set so that no part of the body-gripping surface of the trap is eight inches or more above the ground.

1. Statutory authority:

Environmental Conservation Law section 11-1101 provides for the regulation of body gripping type traps when used for beaver and otter trapping in water. Environmental Conservation Law section 11-1103 provides for the regulation of beaver, otter, mink, and muskrat trapping seasons. Environmental Conservation Law section 11-1105 provides for the regulation of trapping procedures, including the trap visitation requirements.

2. Legislative objectives:

The legislative objective behind the statutory provisions listed above is to authorize the Department of Environmental Conservation (DEC or department) to establish the methods by which furbearers may be taken by trapping, and to establish appropriate trapping seasons.

3. Needs and benefits:

There are five separate components of this proposal-

Beaver, river otter, mink, and muskrat seasons:

The Department of Environmental Conservation proposes to amend the trapping seasons for beaver, otter, mink, and muskrat. The proposed beaver trapping seasons will maintain beaver population levels at or close to acceptable levels. In Wildlife Management Units (WMUs) where otter trapping is allowed, the season is generally established to run at the same time as the beaver trapping season since both river otter and beaver occur in similar habitats. However, in most of the eastern portion of New York, the otter seasons are proposed to close prior to the end of the beaver season. In these areas, DEC has sufficient information on beaver populations based on complaints received, but insufficient information on the status of river otter populations to lengthen the trapping season. In these WMUs, trappers will be required to use a modified trap to avoid the capture of river otter, pursuant to existing regulations. In establishing dates for the 2009-2010 beaver and river otter trapping seasons, DEC proposes to consolidate opening and closing dates whenever possible especially in contiguous WMUs. The consolidation of seasons will enhance both compliance with, and enforcement of trapping regulations.

Beaver damage problems continue to be significant in New York. The Department of Environmental Conservation receives nearly 2,000 public complaints of beaver damage per year. Beaver primarily damage farms and roadways, but residences are also affected. Annual trapping seasons, as proposed by this rule making, are essential to manage these problems and maintain public tolerance of beaver.

In the Northern Zone, DEC proposes to lengthen beaver and otter seasons by about two weeks in the Tug Hill Transition and East Ontario Plain. In the St. Lawrence River Valley, the beaver trapping season will be shortened by about two weeks to align with the remaining WMUs of the Northern Zone. In 2008, nuisance beaver complaints for the Tug Hill Transition and East Ontario Plain increased by 60 percent and 56 percent, respectively from 2007. Trapping in the Champlain Valley and Transition, Central Adirondacks, Northern Adirondacks, and Tug Hill WMUs will remain the same but the opening and closing dates will be shifted one week later to better coincide with periods of pelt primeness in the fall, and to provide some "open water" trapping opportunity in the spring. These changes will result in uniform seasons in the Northern Zone. In addition, the proposed dates will align well with preferences expressed by trappers in this area.

In Southeastern and Central New York, DEC proposes to lengthen the beaver trapping season by about five weeks in the Hudson Valley, Catskills, South Taconic Highlands, North Taconic Highlands, Mohawk Valley, Neversink-Mongaup Hills, and Otsego-Delaware Hills, and Lower Hudson River Valley. In 2008, nuisance beaver complaints for these aggregates increased by 24 percent over 2007. Severe winter conditions were experienced in these areas during the 2008-09 trapping season and it is anticipated that beaver harvests will be minimal (much of this area was subject to a beaver trapping season extension in March and April of 2009 as a result of the short harvest). The otter season in the Neversink-Mongaup Hills, Catskills (WMU 3C only), Hudson Valley, South Taconic Highlands, and North Taconic Highlands will remain the same length as previous seasons, but will have the opening and closing dates shifted two weeks earlier to align with the opening date for beaver. In compliance with current regulations, beaver trappers in these areas will be required to use modified triggers on their 330 size body-gripping traps following the close of the river otter trapping season.

In the Oswego Lowlands, Oneida Lake Plains, and East Appalachian Plateau the season will remain approximately the same length, but open and close two weeks earlier. This will shift most of the open water trapping opportunity to the fall instead of the spring when the majority of trappers are active, allowing trappers to more effectively address nuisance beaver issues that peak in November. Nuisance complaint trends between 2007 and 2008 in these aggregates were fairly stable suggesting the season length has been adequate to keep beaver numbers in check. The proposed season dates will align well with the preferences expressed by trappers for increased opportunity during times of open water.

The beaver season in the Great Lakes Plain and the North Appalachian Hills in Western New York will be increased from thirteen days to eighty-three days. The Central Appalachian Plateau beaver season will be increased from thirty days to eighty-three days. Public tolerance for beaver in these WMUs is very low, because of land use. The number of beaver taken on nuisance permits has regularly exceeded the trapping season harvest. (Nuisance take over the past five years averages 45 percent to 76 percent of the legal trapping harvest.). The Department of Environmental Conservation seeks to provide season dates that will increase the proportion of beaver taken in the regular trapping season when the pelts can be readily used, and decrease the number that are taken on nuisance permits when the trapping season is closed. Trappers in these areas have requested more opportunity during better weather conditions, and trappers strongly support removing beaver during a regular trapping season so that the pelts may be used in the fur market.

The West Appalachian Plateau beaver season will be increased from seventy-eight days to one hundred-ten days. This season will provide an earlier opening date to better address the peak nuisance problems which have historically occurred in the fall. Nuisance complaints in this unit have remained high despite increasing beaver harvests.

The Department of Environmental Conservation proposes to lengthen the mink and muskrat trapping season in Southeastern New York to align with the beaver trapping season. Lengthening the mink and muskrat season is not anticipated to have an adverse impact on the population of these animals, as both species are common in suitable habitats and trapping pressure is relatively low at this time. Also, late winter/spring muskrat and mink trapping provide an excellent opportunity to introduce young people to trapping under the new "trapping mentoring law." Young trappers commonly seek muskrat when they first learn to trap, and the proposed later season for muskrat and mink will provide an opportunity when weather conditions can be very pleasant, and the chances of success are high.

Trap check duration:

The Department of Environmental Conservation proposes to extend the trap check interval in one WMU in the Northern Zone for traps set in water only. There are 14 WMUs in the Northern Zone. In thirteen of those WMUs, trappers must visit their traps set in water for beaver, otter, mink and muskrat once in each 48 hours. In WMU 6K (Tug Hill Transition), trappers pursuing these same species are required to visit their traps once in each 24 hours.

The proposed change will standardize trap checking regulations for traps set in water in the Northern Zone. A consistent regulation for this entire area will eliminate confusion among trappers over differing regulations and will improve law enforcement activities. Animals caught in water are killed in a short time period. From an animal welfare consideration, there are no differences between a 24 versus 48 hour trap check regime for traps set in water. A longer trap check period for this one WMU will provide greater convenience for trappers, and more uniform regulations for enforcement.

Body-gripping Trap Regulations for Beaver Trapping:

The Department of Environmental Conservation implemented regulations governing the use of large body-gripping traps for beaver trapping three years ago. After evaluating the regulation for the past three trapping seasons, DEC proposes to make some minor changes to the regulation. The Department of Environmental Conservation believes these changes will improve compliance while still providing protection for river otter. Trappers will appreciate the greater convenience associated with this proposal.

Specifically, DEC proposes to change the definition of a "tension adjustable/parallel trigger" to that of a "two-way/parallel trigger." Two of the design features described in the current regulation would be repealed: (1) the requirement for a "tensioning device" on the trigger, and (2) the requirement for a "stop" to prevent the trigger mechanism from moving toward the middle of the trap.

The Department of Environmental Conservation has found that even though most trappers are using "tension adjustable triggers," they are not actually applying tension to the triggers. (The department has promoted a range of tension levels found to be most beneficial, but have not required a specific tension threshold because of the difficulty of enforcing this requirement.) Based on field assessments of this regulation, the accidental take of otter has been minimal even with triggers that are used without any tension. Other design attributes of these triggers (e.g., set off to the side, and pivoting in only one plane) are greatly lowering the chances that river otter will be caught in traps set for taking beaver.

Body-gripping traps set on land:

The Department of Environmental Conservation implemented regulations governing the use of body gripping traps set on land in 2007. However, a technical error was identified soon after the implementation of this regulation: "110" size body-gripping traps were inadvertently restricted when set between eight inches and four feet off the ground.

The original regulation was not designed to regulate these small traps, and they have not been implicated in the capture, injury, or death of a dog in New York State. (These traps are used to capture small furbearers such as mink and weasel, and in particular, they are commonly used on "crossover" sets where logs bridge small streams.)

With the current regulation, these small traps may be set with baits in an unrestricted manner. Yet, the current regulation restricts their use when set without baits. (The use of baits potentially increases the chances that a dog may visit a trap.) Therefore, the proposed change has no impact on the chances that a dog may be caught or injured in one of these small traps.

The Department of Environmental Conservation proposes to correct this error by allowing small, un-baited traps to be set without restrictions. This would be consistent with the current regulation allowing these small traps to be set with baits in an unrestricted manner.

4. Costs:

None, beyond normal administrative costs.

5. Local government mandates:

There are no local governmental mandates associated with trapping regulations.

6. Paperwork:

The proposed rules do not impose additional reporting requirements upon the regulated public (trappers).

7. Duplication:

There are no other local, state or federal trapping regulations.

8. Alternatives:

An alternative to making the proposed changes is to leave the trapping regulations unchanged. However, the department rejected this alternative because the proposed revisions are needed to improve trapping regulations and to establish more appropriate trapping seasons for beaver, otter, mink, and muskrat.

9. Federal standards:

There are no federal government standards for trapping methods and season dates.

10. Compliance schedule:

Trappers will be required to comply with the new rule as soon as it takes effect.

The proposed regulation only affects trapping season dates for beaver, otter, mink, and muskrat; as well as specific trapping procedures. The Department of Environmental Conservation (DEC) has historically made regular revisions to its trapping regulations. Based on DEC's experience in promulgating those revisions and the familiarity of regional DEC staff with the specific areas of the state impacted by this proposal, DEC has determined that this proposal will not impose an adverse economic impact on small businesses or local governments. The proposal does not apply directly to local governments. Few, if any, persons actually trap as a means of employment; therefore the regulations do not directly apply to small businesses. The proposed regulations are not expected to significantly change the number of participants or the frequency of participation in the regulated activities. The Department of Environmental Conservation further determined that these amendments will not impose any reporting, record-keeping, or other compliance requirements on small businesses or local governments. All reporting or record-keeping requirements associated with trapping are administered by DEC. Therefore, DEC has concluded that a regulatory flexibility analysis for small businesses and local governments is not required.

The proposed regulation only affects trapping season dates for beaver, otter, mink, and muskrat; as well as specific trapping procedures. The Department of Environmental Conservation (DEC) has historically made regular revisions to its trapping regulations. Based on DEC's experience in promulgating those revisions and the familiarity of regional DEC staff with the specific areas of the state impacted by this proposal, DEC has determined that this proposal will not impose an adverse economic impact on rural areas. The proposed revisions are not expected to significantly change the number of participants or the frequency of participation in the regulated activities. The Department of Environmental Conservation has also determined that this rule will not impose any reporting, record-keeping, or other compliance requirements on public or private entities in rural areas. All reporting or record-keeping requirements associated with trapping are administered by DEC. Therefore, DEC has concluded that a rural area flexibility analysis is not required.

The proposed regulation only affects trapping season dates for beaver, otter, mink, and muskrat; as well as specific trapping procedures. The Department of Environmental Conservation (DEC) has historically made regular revisions to its trapping regulations. Based on DEC’s experience in promulgating those revisions and the familiarity of regional DEC staff with the specific areas of the state impacted by this proposed rulemaking, DEC has determined that this proposal will not have a substantial adverse impact on jobs and employment opportunities. Few, if any, persons actually trap as a means of employment. Trappers will not experience a substantial adverse impact as a result of this proposal because it is not expected to significantly change the number of participants or the frequency of participation in the regulated activities. For this reason, DEC anticipates that this proposal will have no impact on jobs and employment opportunities. Therefore, DEC has concluded that a job impact statement is not required.