Legislation

Search OpenLegislation Statutes

This entry was published on 2021-07-09
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 11-0913
Deer management permits
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 11, TITLE 9
§ 11-0913. Deer management permits.

1. a. Until December thirty-first, two thousand twenty-four, whenever
in its opinion the population of deer in any area of the state except in
the northern zone is such that additional harvest of deer is reasonably
necessary to properly manage the deer herd in the state in balance with
the available deer range and natural food supply, the department may
provide by regulation for issuance of deer management permits,
permitting the taking of one deer for the permit, in addition to the
limit of one deer that may otherwise be taken by one person in a license
year.

b. In the issuance of permits, the department may give preference to
resident license holders and may give preference to service-connected
disabled veterans having 40 percent or greater service-connected
disability as evidenced by a compensation rating from the United States
Department of Veterans Affairs or the United States Department of
Defense who shall only have to provide proof of service-connected
disability at the time of initial issuance of the permit, and to the
applications of groups which include a person or the spouse of a person,
provided that such spouse lives in the same household, who owns at least
50 acres of land in one parcel in the specified area.

c. "Owner" as used in this section shall include the owner or spouse
of the owner of record of such parcel, provided that such spouse lives
in the same household as the owner, or a purchaser or spouse of such
purchaser of such parcel, provided that such spouse lives in the same
household as such purchaser, under an executory contract duly recorded
in the office of the recording officer in the county in which real
property to which it relates is situate, who actually occupy and
cultivate such parcel.

2. Each such regulation shall specify, with respect to the permits to
which it relates:

a. The open season or part thereof and the day or days of such season
in which such permits may be used;

b. The specific area in which they are valid;

c. The manner of taking for which such permits are valid, which shall
conform with the specifications as to the manner of taking deer in the
open season for which the permits may be used;

d. The method of application for and issuance of such permits,
including eligibility and allocation among applicants;

e. The number of persons, no fewer than one nor more than six, who
must join in the application; and

f. Such other regulations as the department may determine.

3. Each member of a group issued a permit pursuant to this section
shall possess a license which authorizes the holder to hunt deer before
the permit may be validated.

4. During a license year, no person shall use more than one license
which authorizes the holder to hunt deer during the regular open season
in making application for a deer management permit.

5. The provisions of paragraph a of subdivision 1 of section 11-0911
shall not apply when a deer is taken pursuant to a deer management
permit, but the department may by regulation provide an alternative
method of identifying and reporting the deer so taken.

6. With each deer management permit there shall be issued a tag or
seal and a reporting form as the department shall determine to be
appropriate, and the additional deer may be taken only by the group
member who, at the time, is in physical possession of the permit and any
tag, seal and reporting form issued with it.

7. The department shall charge and receive a fee of ten dollars for
the application and the processing of such permit or permits. Applicants
who are successful in the computerized selection shall receive the
permit or permits free of any additional charge. The application fee
shall be non-refundable. The department may waive the application fee
for holders of a lifetime sportsman license existing as of October
first, two thousand nine and holders of a hunting license less than
sixteen years of age.

8. Except with respect to deer management unit thirty-four the
provision of this section shall not apply to the "Northern Zone" of the
state as defined in subdivision sixteen of section 11-0103 of this
chapter.

9. Nothing set forth in this section shall prevent the department from
permitting the issuance of deer management permits in those portions of
Franklin, St. Lawrence, Jefferson and Lewis counties and Northern Zone
portions of Oneida and Oswego counties which are situated in the area
generally described as the Lake Ontario Plain, St. Lawrence Valley and
peripheral Adirondacks/peripheral Tug Hill region. The department is
authorized and directed to promulgate any rules or regulations necessary
to more particularly describe the region of land set forth in this
subdivision.