(a) Open seasons.

No person shall trap beaver or otter except during the open trapping seasons corresponding to the listed wildlife management units, or parts of units. Refer to section 4.1 of this Title for a description of wildlife management units.

(1) Beaver.

6 NYCRR Part 6.2(a) is amended as follows:

(a) No person shall trap the following listed species except during the open trapping seasons corresponding to the listed wildlife management units, or parts of units. Refer to section 4.1 of this Title for a description of wildlife management units.

(1) Mink and muskrat.

1. Statutory authority:

The Commissioner of the Department of Environmental Conservation (DEC or Department), pursuant to Environmental Conservation Law (ECL) section 3-0301, has authority to promote the management of the wildlife resources of New York State. Section 11-0303 of the Environmental Conservation Law directs the Department of Environmental Conservation 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 section 11-0303 directs DEC to manage fish and wildlife resources in the State, including furbearing species that are trapped.

ECL section 11-1101 describes when trapping activities are prohibited, and states that beaver, fisher and otter shall be taken only as permitted by the department.

ECL section 11-1103 states that the department may by regulation permit trapping of beaver, fisher, otter, bobcat, coyote, fox, raccoon, opossum, weasel, skunk, muskrat, pine marten and mink and may regulate the taking, possession and disposition of such animals.

2. Legislative objectives:

The legislative objective behind the statutory provisions listed above is to establish, by regulation, certain basic wildlife management tools, including the setting of open areas for trapping furbearers. These tools are used by the department in recognition of the importance of trapping for recreational and wildlife management purposes.

3. Needs and benefits:

Many trapping seasons have not been formally evaluated in years, despite changes in the distribution and abundance of some species and complaints from the general public when conflicts occur (e.g., beaver causing flooding) and from trappers regarding season timing. A survey conducted by the department in 2017 found that there were discrepancies between preferred and current season dates for beaver, mink, and muskrat trapping in certain areas. Mink and muskrat trapping are often conducted using similar techniques and in similar habitats, so trapping dates and regulations for these species are linked. In addition, trappers who pursue mink and muskrat are also often pursuing beaver at similar or nearby locations, so season timing for these aquatic furbearers is closely related. Streamlining the seasons for these species whenever possible will help to ensure that New York regulations are enforceable and make it easier for trappers going afield.

Modifying the season dates for these species will allow us to better address our goal of meeting the public desire for sustainable use of these resources while improving management of species like beaver. The number of nuisance beaver complaints received by DEC has increased steadily each year, particularly in central and western New York. One of the major goals of the department’s Bureau of Wildlife is to minimize the damage and nuisance caused by wildlife; the growing number of beaver complaints indicates that changes are needed to the current beaver trapping season structure to better manage the population.

4. Costs:

The costs associated with adopting the proposed regulation are minimal. The changes will not result in additional enforcement costs or additional costs for coordinating furbearer programs.

5. Local government mandates:

The proposed rule does not impose any mandates on local governments.

6. Paperwork:

The proposed rule does not create a need for additional paperwork.

7. Duplication:

The proposed amendment does not duplicate any state or federal requirement.

8. Alternatives:

No change. No change in New York trapping season regulations would not address the growing nuisance beaver complaint issues throughout the State. It would also ignore trappers’ desires regarding season dates. Finally, the lack of alignment of current water trapping season dates can cause confusion among trappers and create enforcement challenges. Leaving the seasons as-is would not resolve this issue.

Mink, muskrat and beaver seasons start earlier than those proposed. Moving the start dates earlier than the proposed dates would ignore trappers’ desires regarding season dates and their desire for additional trapping opportunity when pelts are prime. Moving the start dates earlier would also result in difficulties with enforcement and confusion for trappers who regularly trap multiple aquatic furbearers, as the river otter season would not align with the other seasons.

Mink, muskrat and beaver seasons start later than those proposed. Moving the season start dates later than the proposed dates would better align the season with the time when pelt quality is higher. This alternative would lead to additional trapping opportunity in the spring, which may be a concern for muskrat. Targeting muskrat in the fall has been shown to not impact their populations, as many of the animals removed would have perished over the winter anyway. Under this alternative, DEC law enforcement and trappers would still have the issue of the otter season not aligning with other water trapping, leading to potential enforcement issues and confusion. In addition, there would be less opportunity during open water, leading to decreased access and difficult trapping conditions.

9. Federal standards:

None.

10. Compliance schedule:

The regulated community (trappers) will be required to comply with these regulations upon their adoption.

The purpose of this rule is to amend existing beaver, mink and muskrat trapping seasons found in Title 6, Chapter I, Subchapter B, Parts 6.1 and 6.2 of the New York State Codes, Rules and Regulations. This rule-making will align the start dates of these closely-linked seasons and adjust the seasons to trapper-preferred start and end dates. This rulemaking will allow for easier enforcement of regulations and reduce confusion among trappers going afield.

1. Effect of rule:

The primary effect of this proposed rule will be an extended trapping season for beavers, mink, and muskrat in central and western New York. Some small businesses currently benefit from trapping because trappers spend money on goods and services. This rule expands water trapping opportunities in several areas; any increase in trapper participation should lead to positive economic impacts on such businesses. In addition, this rule-making will provide additional beaver trapping opportunities in central and western New York, areas which have seen increasing levels of human-beaver conflict. Over 700 of the nuisance beaver complaints received in 2019 were from small businesses and local governments. It is hoped that increased participation in beaver trapping will reduce human-beaver conflict, benefiting small businesses and local governments by saving money previously spent mitigating nuisance beaver issues (e.g., controlling flooding on municipal roads and properties).

While the overall effect of the proposed rule will be positive for small businesses and local governments, there is some potential for limited adverse economic impact on Nuisance Wildlife Control Operators (NWCOs) operating in western New York. An increase in beaver harvest during the trapping season may lead to decreased beaver-related business for Nuisance Wildlife Control NWCOs operating in this area who charge landowners to trap and remove nuisance wildlife. The overall impact on NWCOs will be minimal as their services will still be needed to trap and remove nuisance beavers outside of the recreational trapping season.

2. Compliance requirements:

All reporting or record-keeping requirements associated with trapping are administered by the New York State Department of Environmental Conservation (Department). Small businesses may, and town or village clerks do, sell trapping 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.

Nuisance wildlife control operators are already regulated under New York’s Environmental Conservation Law (ECL), Article 11, Title 5 pertaining to the taking of destructive wildlife. The proposed rule does not impose any additional reporting, record-keeping, or compliance requirements on NWCOs.

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.

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. Any potential economic impacts to small businesses (NWCOs) will be offset by economic benefits to small businesses and local governments through the mitigation of nuisance beaver damage.

6. Minimizing adverse impact:

The Department has determined that this rulemaking will have minimal adverse impact on small business and local governments. There may be some adverse economic impact to NWCOs specializing in nuisance beaver removal in western NY, but this will be offset by benefits to other small businesses and local governments. Many NWCOs specialize in the removal of several different species, not just beaver (e.g. mice, bats, skunks, raccoons, etc.). The proposed rulemaking will not impact those other species. In addition, the proposed rulemaking does not put additional compliance requirements on NWCOs removing nuisance beavers or impact the ability of NWCOs to advertise their services. The proposed rulemaking is expected to benefit other small businesses and local governments. Over 700 of the nuisance beaver complaints in 2019 came from small businesses and local governments; most of these complaints involved property damage from flooding. Reducing the beaver population would help mitigate these damages, benefiting other businesses.

7. Small business and local government participation:

Following proposal of this rule, the Department will receive comment from small businesses and municipalities for 60 days.

The purpose of this rule is to amend existing beaver, mink and muskrat trapping seasons found in Title 6, Chapter I, Subchapter B, Parts 6.1 and 6.2 of the New York State Codes, Rules and Regulations. This rule-making will align the start dates of these closely-linked seasons and adjust the seasons to trapper-preferred start and end dates. This rulemaking will allow for easier enforcement of regulations and reduce confusion among trappers going afield.

1. Types and estimated numbers of rural areas:

Mink, muskrat and beaver are trapped in both urban and rural areas throughout the state. The proposed regulation affects all areas of New York State. The proposed regulation is unlikely to have any specific impact on rural areas.

2. Reporting, recordkeeping and other compliance requirements; and professional services:

Reporting and recordkeeping associated with the implementation and enforcement of the proposed regulation are principally the responsibility of the Department. Small businesses may, and town or village clerks do, sell trapping 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 in rural areas.

3. Costs:

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

4. Minimizing adverse impact:

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 will have no adverse impact on rural areas.

5. Rural area participation:

Following proposal of the rule, the Department will receive comment from the public in rural areas for 60 days.

The purpose of this rule is to amend existing beaver, mink and muskrat trapping seasons found in Title 6, Chapter I, Subchapter B, Parts 6.1 and 6.2 of the New York State Codes, Rules and Regulations. This rule-making will align the start dates of these closely-linked seasons and adjust the seasons to trapper-preferred start and end dates. This rulemaking will allow for easier enforcement of regulations and reduce confusion among trappers going afield.

1. Nature of impact:

The primary impact of this rule will be an extended trapping season for beavers, mink, and muskrat in central and western New York. One of the goals of the proposed rulemaking is to provide additional beaver trapping opportunities to mitigate the growing number of nuisance beaver complaints in New York. This additional opportunity may result in increased trapping effort and fewer conflicts between landowners and beavers due to flooding and other problems related to beaver activity. An increase in beaver harvest during the trapping season may lead to decreased beaver-related business for Nuisance Wildlife Control Operators (NWCOs) operating in this area who charge landowners to trap and remove nuisance wildlife. The overall impact on NWCOs will be minimal as their services will still be needed to trap and remove nuisance beavers outside of the recreational trapping season.

2. Categories and numbers affected:

If any impact occurs, it may affect some NWCOs in western New York, particularly those that specialize in nuisance beavers. While the Department receives only occasional nuisance mink and muskrat complaints (26 and 1 in 2019, respectively), nuisance complaints regarding beavers are common. One of the goals of this rulemaking is to increase the beaver harvest in western New York to mitigate beaver-human conflicts and better meet the goal of the Department’s Bureau of Wildlife to minimize the damage and nuisance caused by wildlife. There are 227 licensed NWCOs operating in the counties where the beaver season will be extended. While they may see some decline in business related to nuisance beavers due to increased trapper participation, it is not expected to be a significant adverse impact. Overall, this impact is offset by the decrease in property damage that will result from improved management of beaver populations through recreational trapping and the benefit to fur trappers better utilizing the fur resource.

3. Regions of adverse impact:

The impact, if any, may be noticeable among NWCOs operating in western New York (DEC regions 8 and 9), where the beaver season will be extended until April 7th. There will be no change in the beaver season in other areas of the state.

4. Minimizing adverse impact:

While there may be some adverse impact to NWCOs in western New York, the proposed rule is not expected to have significant adverse impacts. Many NWCOs specialize in the removal of several different species (e.g. mice, bats, skunks, raccoons, etc.); few specialize in nuisance beaver removal. The proposed rulemaking will not impact those other species. In addition, the proposed rulemaking does not put additional requirements on NWCOs removing nuisance beavers or impact the ability of NWCOs to advertise their services. In recent years, there has been an overall decline in trapper participation in New York. This trend is expected to continue. If a landowner does not know any active trappers, they usually will hire a NWCO to remove the nuisance animal for them. With a declining trend in trapper participation expected to continue, it is unlikely that the proposed rule will have significant impacts on employment opportunities for NWCOs. The overall impact on NWCOs will be minimal as their services will still be needed to trap and remove nuisance beavers outside of the recreational trapping season.

In addition, the proposed rulemaking is expected to benefit other small businesses and local governments. Over 700 of the nuisance beaver complaints in 2019 came from small businesses and local governments; most of these complaints involved property damage from flooding. Reducing the beaver population would help mitigate these damages, benefiting other businesses.