The following is a summary of the amendments that the Department of Environmental Conservation (department) is proposing:

189.2 Definitions.

• The term “CWD susceptible animal” is defined to include only species known to be susceptible to CWD. Lists of potentially susceptible species of the Genus Cervus, Genus Odocoileus, and Genus Alces are removed.

189.3 Prohibitions.

• The prohibition on importing whole carcasses of CWD susceptible animals is extended from select states and provinces to include all jurisdictions outside New York. Also, rather than list prohibited parts, the rule will reference only parts that are allowed to be imported.

• The prohibition on feeding wild deer or wild moose is removed from Part 189 and will be established in a new Part 186 through a separate rule making.

• Owners of captive-bred CWD susceptible animals will be required to continuously comply with the captive cervid health requirements as adopted by the Department of Agriculture and Markets in 1 NYCRR Part 68.

189.4 Marking of parts.

• The only changes to this section are the reference to CWD susceptible animals rather than various genera and removal of the term carcass, as carcasses are prohibited from importation.

189.5 Transportation or shipment of carcasses and parts through New York.

• The only change to this section is the reference to CWD susceptible animals rather than various genera.

189.6 Special provisions.

• The only changes to this section are the reference to CWD susceptible animals rather than various genera, removal of the term carcass, and amplification of the department’s intention to seize animals, carcasses or parts that are imported illegally or that have tested positive for CWD.

189.7 CWD containment area.

• This section is amended to reference CWD susceptible animals and to list parts that are allowed, rather than prohibited, to be taken out of a CWD containment area.

• The prohibition on collecting, possessing, or selling urine of CWD susceptible animals taken from within a CWD containment area is expanded to include fecal, glandular, and velvet products.

• The requirements for disposal of carcasses and carcass parts of CWD susceptible animals within a CWD containment area is clarified. Disposal may only occur through incineration or in a municipal landfill and not via composting, rendering, or distribution of parts on the landscape.

189.8 Taxidermy.

• Taxidermists must dispose of carcass parts of CWD susceptible animals via incineration or in a municipal landfill.

• Taxidermists may not process the skins or other parts of CWD susceptible animals that are imported into New York on the same premises where captive or captive-bred CWD susceptible animals are possessed.

1. Statutory Authority

Section 3-0301 of the Environmental Conservation Law (ECL) directs the Department of Environmental Conservation (DEC or Department) to protect the wildlife resources of New York State.

Section 11-0325 of the ECL directs DEC to take action necessary to protect fish and wildlife from dangerous diseases. Where a disease is a threat to livestock, as well as to the fish and wildlife populations of the state, Section 11-0325 requires that the Department consult the Department of Agriculture and Markets (DAM). If the Department and the DAM jointly determine that a disease which endangers the health and welfare of fish or wildlife populations, or of domestic livestock, exists in any area of the state or is in imminent danger of being introduced into the state, the Department is authorized to adopt measures or regulations necessary to prevent the introduction or spread of such disease. ECL section 11-1905 directs DEC to regulate the possession, propagation, transportation and sale of captive-bred white-tailed deer.

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 necessary actions to protect New York’s wildlife resources, to respond to the presence or threat of a disease that endangers the health or welfare of fish or wildlife populations, to codify joint responsibility of the Department and the DAM when such disease also poses a threat to livestock, and to provide the Department with authority to regulate the captive-bred white-tailed deer held under a license issued by the Department.

3. Needs and Benefits

Chronic wasting disease (CWD) is an untreatable and fatal central nervous system disease found in deer, elk, moose and reindeer. CWD was first discovered in New York in captive and wild deer in Oneida County in 2005. Since then, no new cases of CWD have been found in the state. However, despite nationwide efforts to control the disease, CWD continues to be detected in additional states and in new areas within those states. CWD is now confirmed in Pennsylvania in both wild and captive-bred deer.

CWD represents a serious threat to New York State’s wild white-tailed deer population with potentially devastating economic, ecological, and social repercussions. Recurrence of CWD in New York could drastically affect wild deer populations and management and annually cost the state millions in monitoring and containment measures. Additionally, New York has a captive cervid (deer and elk) industry that would be severely impacted if CWD is rediscovered or reintroduced in the state.

In the long term, CWD could have many potential consequences, including ecological as the herbivory related to a significantly diminished deer herd could result in changes to plant communities at landscape levels; monetary as funding from unrelated programs is redirected toward CWD response; recreational as hunters’ attitudes toward potentially diseased deer decreases participation, and societal as the public view sick deer and perceive deer as a disease threat to humans. The impact on captive cervid owners would be immediate, with strict limitations on their abilities to move animals and sell products. If CWD is discovered in a captive herd, all animals would likely be destroyed and the land quarantined behind a deer-proof fence for at least 5 years. Thus, it is imperative that all reasonable measures be taken to prevent the introduction or spread of CWD in New York.

New York State has had a CWD regulation in effect since 2002, but revisions are necessary to better reflect recent advances in the science associated with disease prevention and control and continued spread of CWD in North America. Comprehensive disease management regulations related to the movement of potentially CWD infected materials are needed now to stop actions and movement of animals that could potentially infect New York’s wild deer and moose herds now and for generations into the future.

DEC and DAM recently adopted an Interagency CWD Risk Minimization Plan which outlines numerous recommended actions to reasonably minimize the risk of re-entry and spread of CWD in New York State and is based on three overarching goals: 1) keep infectious material and animals out of the state to prevent new introductions; 2) prevent exposure of infectious material to wild white-tailed deer and moose in New York; and 3) provide education to increase the public understanding of CWD risks and impact on wild deer health. This rule making seeks to implement several of those recommended actions by amending existing CWD regulations.

Because importation of hunter-killed CWD susceptible cervid carcasses could introduce infectious material into New York, current regulations prohibit importation of whole carcasses from those states where CWD has been detected or from any captive cervid facility. To date, DEC has taken emergency action in response to each new confirmation of CWD in wild or captive cervids to expand the list of states or provinces where potentially infected parts could not be imported, on a case-by-case, piecemeal basis. This rule making proposes to prohibit the import of intact carcasses or carcass parts from anywhere outside New York, with exceptions for meat and antlers and other low-risk parts.

To increase simplicity and provide regulatory relief of captive cervid owners, this rule making proposes to remove reference to those cervid species that have not been found to be susceptible to CWD and only focus on known CWD-susceptible species.

Additionally, this rule making proposes to require captive cervid owners to comply with the captive cervid health requirements of 1 NYCRR Part 68, as adopted by DAM. This provision will allow DEC Environmental Conservation Officers (ECOs) to better and comprehensively enforce CWD regulations of both DEC and DAM, which is essential as DAM does not have the same law enforcement capabilities as DEC. Though ECOs already possess the authority to enforce DAM regulations pursuant to their status as peace officers provided in the New York State Criminal Procedure Law, by referencing DAM’s cervid health requirements in DEC regulations, ECOs will be better able to address violations by issuing tickets pursuant to the Environmental Conservation Law. This streamlines the process, and allows the person in violation to handle the matter more efficiently, utilizing local town courts. The proposed action would not expand existing enforcement authority of ECOs.

Finally, while a prohibition on feeding wild deer and moose is a best management practice for disease minimization, the justifications for prohibiting the feeding of deer and moose extend well beyond risks associated with CWD. In a separate rule making, DEC has proposed creation of a new Part 186 to establish the necessary prohibitions and appropriate exceptions for feeding deer and moose. Thus, this rule making will remove prohibitions related to feeding deer and moose from Part 189, as those provisions are proposed in Part 186.

4. Costs

This rule making will not result in additional costs to the department beyond normal administrative costs. Meat-cutting businesses that process hunter-killed deer may lose some revenue or need to adjust their business practices because whole carcasses will no longer be allowed to be imported from anywhere into New York. However, businesses have adapted as hunters have been prohibited from importing carcasses from an increasing list of states and provinces since 2002, including from neighboring Pennsylvania since 2012.

5. Paperwork

There is no additional paperwork required based on this regulatory proposal.

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

None.

8. Alternatives

No Action: The Department has rejected this option. Failing to take reasonable precautions to prevent CWD re-introduction to New York would unwisely threaten the health and future of New York’s wild deer and moose population potentially leading to significant economic, ecological and social impacts should CWD become established in New York.

The actions proposed in this rule making are consistent with DEC’s and DAM’s recently adopted Interagency CWD Risk Minimization Plan.

9. Federal Standards

There are no federal standards associated with CWD prevention in populations of wild cervids.

10. Compliance Schedule

Licensed hunters would have to comply with the new regulations beginning in the fall of 2018, if they are adopted as proposed.

The Department of Environmental Conservation (Department) considers chronic wasting disease (CWD) to pose a great threat to health and future of wild deer and moose populations in New York. This rule making is directed at the importation of certain animal parts into New York from other jurisdictions and is intended to strengthen and expand provisions that minimize risks associated with the introduction or spread of CWD. The proposed rule also clarifies disposal requirements for taxidermists who handle carcass parts of CWD susceptible animals (e.g., deer, elk, moose) and restricts taxidermy activities on properties where live captive or captive-bred CWD susceptible animals are possessed.

1. Effect of rule:

The proposed regulations require that hunters who harvest CWD susceptible animals outside of New York may only import certain parts into New York. Owners of captive-bred CWD susceptible animals will be required to comply with the Department of Agriculture and Markets captive cervid health requirements. Additionally, taxidermists that operate on the premises where captive or captive-bred CWD susceptible animals are kept will be prohibited from working on specimens of CWD susceptible animals imported into New York on that premises.

Although this rule will impact New York residents who may hunt in other jurisdictions and plan to return to New York with whole carcasses of the deer they harvest, it is anticipated that this will affect relatively few hunters and, with some advanced planning, hunters can easily comply with these regulations without losing hunting opportunity.

No local governments will be affected by this rule.

2. Compliance requirements:

The proposed regulation does not impose any reporting or recordkeeping requirements on small businesses or local governments.

Hunters who harvest CWD susceptible animals in other jurisdictions will be required to remove specific parts from the animal before bringing it into New York.

Owners of captive-bred CWD susceptible animals are already regulated by the Department of Agriculture and Markets and captive white-tailed deer facilities are also regulated by the Department. The proposed regulation does not impose any additional requirements on those businesses but facilitates more efficient oversight and enforcement of existing regulations by Department Environmental Conservation officers.

As small business, taxidermists are already regulated by 6 NYCRR Part 360 for waste disposal. Thus, this rule does not impose additional reporting, recordkeeping, or compliance requirements on taxidermists but merely clarifies waste disposal methods. Similarly, though this rule restricts the location where taxidermists may handle specimens of CWD susceptible animals imported from outside of New York so as to minimize potential disease transfer risk at sites where susceptible animals are concentrated, the rule does not prevent taxidermists from handling those specimens.

3. Professional services:

The department does not believe any professional services will be needed to comply with the provisions of this rule.

4. Compliance costs:

Costs associated with the implementation and enforcement of the proposed regulation are principally the responsibility of the department.

Hunters that travel out of New York to harvest CWD susceptible animals will need to process their harvest in the host jurisdiction before importing the meat and select other parts back into New York. Hunters may opt to pay a commercial deer processor to skin and process the meat in the host jurisdiction, or they may opt to process the animal themselves, as many already do.

5. Economic and technological feasibility:

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 rule making is fully economically and technologically feasible for small business and local governments.

6. Minimizing adverse impact:

The Department has determined that this rule making will have minimal adverse impact small business and local governments. As the serious nature of CWD is explained to the public, the new restrictions are likely to be accepted as reasonable and balanced. The Department strongly supports continued research on CWD to understand the modes of transmission, and associated risk variables. As new information becomes available, the department will adjust regulations in response to new data or findings.

7. Small business and local government participation:

Key elements of this rule were conveyed to the regulated community through a draft Interagency CWD Risk Minimization Plan. Small businesses and individuals commented on the draft and influenced the final version of the plan which was subsequently adopted in mid-May 2018. Following proposal of this rule, the Department will receive comment from small businesses and municipalities for an additional 60 days.

This rule making is directed at the importation of certain animal parts into New York from other jurisdictions and is intended to strengthen and expand provisions that minimize risks associated with the introduction or spread of chronic wasting disease (CWD). As such, it does not have any direct impacts on rural areas in New York or entities therein. Therefore, the Department of Environmental Conservation (Department) has determined that this rule making will not have any adverse impacts on rural areas. In fact, the rule making will have a positive impact on rural areas by preventing the importation of CWD infectious materials and the introduction of CWD to new areas of the state. The Department has further determined that this rule will not impose any reporting, recordkeeping, or other compliance requirements on public or private entities in rural areas. Therefore, a rural area flexibility analysis is not required for this rule making.

This rule making is necessary to protect New York State’s wild white-tailed deer and moose populations from Chronic Wasting Disease (CWD) by preventing the importation of CWD infectious materials into New York.

1. Nature of impact:

The primary impact of this rule will be that hunters who harvest CWD susceptible animals outside of New York will be prohibited from bringing the whole carcass back into New York. Those hunters will need to remove the meat from the carcass in the state or province where they harvest the animal.

The Department of Environmental Conservation (Department) currently has a similar rule in place prohibiting import of carcasses and carcass parts of CWD susceptible animals from about 30 of the highest risk jurisdictions. The proposed rule will restrict import from all other jurisdictions.

2. Categories and numbers affected:

If any impact occurs, it may affect some New York meat cutters who process venison from hunter harvested deer. The Department believes there are about 300 of these businesses in New York, the vast majority of which are unlikely to be affected in any meaningful way from this proposed rule.

3. Regions of adverse impact:

The impact, if any, may be noticeable among meat cutting businesses located in close proximity to the border state border with Vermont, Massachusetts, and Connecticut. In those areas, hunters from adjoining states, or New York hunters who travel to those states, may have previously used New York meat cutters to process their harvested deer.

4. Minimizing adverse impact:

The proposed rule specifically authorizes importation of deboned meat from CWD susceptible animals harvested other jurisdictions. Thus hunters may import meat and have the meat processed into burger, sausage, or other products at meat cutting facilities in New York.

The Department does not believe that this rule making will have a substantial adverse impact on jobs and employment opportunities in New York. By its nature and purpose (protecting the New York State deer and moose resources), the proposed rule will protect jobs and employment opportunities.