Section 11-0903. Open hunting seasons and bag limits fixed by regulation

1.  Open  seasons  and bag limits with respect to migratory game birds
  shall be those fixed  by  the  department  in  regulations  pursuant  to
  section   11-0307,  to  conform  with  federal  regulations  made  under
  authority of the Migratory Bird Treaty Act of July 3,  1918  (16  U.S.C.
  §§ 703-711).
    2.  The department may fix annually by regulation the open seasons and
  bag limits for wild game  of  the  following  species,  until  the  date
  specified:
    a. Hungarian partridge;
    b.  black, gray and fox squirrels, bobcat, lynx, coyote, fox, European
  hare, varying hare and cottontail rabbits, and may regulate or  prohibit
  the  use  of dogs in hunting varying hare during any regular open season
  for deer;
    c. pheasants, except on Long Island;
    d. raccoon;
    e. wild turkeys;
    f. frogs, salamanders, turtles, lizards and snakes.
    Such open seasons and bag limits may be fixed for  the  entire  state,
  except  on  Long  Island  in the case of pheasants, or for any county or
  part thereof,  giving  due  regard  to  abundance  of  the  species  and
  potential  hunting  pressure.  The  department  may regulate the taking,
  possession and disposition of wild turkeys.
    3. a. On Long Island, the open season for the taking of hen  pheasants
  shall  be  only  during  the  open  season  for  the taking of pheasants
  specified in item d of the table appearing as subdivision 2  of  section
  11-0905.
    b.  Any  open  season  for  pheasants,  fixed  by  regulation  of  the
  department in the  counties  of  Albany,  Clinton,  Columbia,  Delaware,
  Dutchess,  Essex,  Franklin, Fulton, Greene, Herkimer, Jefferson, Lewis,
  Montgomery,  Oneida,  Orange,  Oswego,   Otsego,   Putnam,   Rensselaer,
  Rockland,  St.  Lawrence, Schenectady, Sullivan and Ulster shall include
  the intervening Sundays as part of such open season.
    4. The department shall fix annually by regulation  open  seasons  and
  bag  limits for ruffed grouse and, whenever possible, and in its opinion
  it is in the public interest, shall make such seasons  run  concurrently
  with open seasons for taking woodcock.
    5. Whenever in its opinion deer shall become numerous enough, on state
  or federal lands closed to the hunting of deer with firearms, to require
  population  control  for  proper  deer management, the department may by
  regulation permit the taking of deer of either sex, by long bow only, on
  such lands or any parts thereof during the regular open season  for  the
  surrounding  area  as  provided  in  subdivision  2  of section 11-0907,
  provided, however, that no  regulation  adopted  pursuant  hereto  shall
  include  within its provisions any of the areas set forth in subdivision
  5 of section 11-0907. Only persons properly licensed to hunt during  the
  special  archery  season  established in paragraph a of subdivision 1 of
  section 11-0907 shall be eligible to hunt pursuant to this subdivision.
    6. a.  Whenever  investigation  made  by  the  department  within  the
  Adirondack  park  shows  that  deer have become numerous enough to cause
  overbrowsing of the range within any "Wilderness Hunting  Area"  defined
  in  section 11-0103, the department may fix by regulation an open season
  for taking antlerless deer in a tract within such area.  The  boundaries
  of  any  such  tract  shall not be less than three miles from any state,
  county or township road. Any such open season shall be fixed within  the
  open  season  established  by  law,  in the county or part of the county
  affected, for deer having antlers not less than three inches in  length.
  For  the  purposes of this subdivision and of other provisions referring

  thereto, "antlerless deer"  means  deer  having  no  antlers  or  having
  antlers measuring less than three inches in length.
    b. Subject to this section and other applicable provisions of the Fish
  and  Wildlife Law, the department shall have power to fix the conditions
  for taking "antlerless deer" in any such open season, and of possession,
  transportation and tagging thereof, and  to  regulate  the  issuance  of
  special  antlerless deer licenses applicable to the tracts in which such
  open season is fixed and of seals to be issued to licensees.
    c. The department shall issue special  antlerless  deer  licenses,  in
  such  form as it shall prescribe, for each tract in which an open season
  is fixed pursuant to this subdivision and shall have power to limit  the
  number  of  such  licenses  to  the number necessary in its judgment for
  proper management with respect to deer in the Area in which  such  tract
  is  situated.  Announcement  of  the opening of a tract to the taking of
  antlerless deer and of the number of licenses  to  be  issued  for  such
  tract  shall  be  made not later than August 1 of the year in which such
  open season is fixed. Application for such licenses shall  be  made  not
  earlier than September 1, and the method of application for and issuance
  of such licenses, including eligibility and allocation among applicants,
  shall  be  specified  in  the regulations fixing the open season for the
  tract. No person shall  be  entitled  to  hold  more  than  one  special
  antlerless deer license in a calendar year.
    7.  Notwithstanding  any other provision of this title, the department
  may, by regulation fix open seasons for taking wild deer of  either  sex
  in the counties of Westchester and Suffolk, or any part thereof, and may
  fix  the  conditions  of such season provided the regulations pertaining
  thereto shall conform to the following:
    a. Such season shall not include Saturdays or Sundays  and  shall  not
  commence earlier than during the first full week in January nor shall it
  continue later than January 31 in any year;
    b.  Deer  may  be  taken  only by holders of a license authorizing the
  taking of big game who have also obtained a special permit  provided  by
  the  department  and  issued  by  the town clerk of each town where such
  season is fixed;
    c. Permits issued by a town clerk shall authorize hunting only  within
  the town where issued and only on property where permission of the owner
  or lessee is granted to the permittee for such hunting;
    d.  Applications  for  permits  shall be only on forms provided by the
  department, and each application,  before  being  presented  to  a  town
  clerk,  shall  be  endorsed  by  a person who owns or leases ten or more
  acres of land in the town where application is to  be  made,  certifying
  that such owner or lessee gives consent to the applicant to hunt deer on
  his premises in accordance with the conditions of such season;
    e.  The  number of permits to be issued in each town shall be fixed by
  the department and the town clerk shall issue permits in  the  order  in
  which  valid  applications  are  received until the number fixed for the
  town is exhausted;
    f. Town clerks shall be entitled to charge and receive a  fee  of  one
  dollar for each permit issued;
    g.  Such  a season shall be fixed only in towns or parts thereof where
  the discharge of firearms is not prohibited by town ordinance, and  deer
  shall  be taken only by means of shotguns using a single ball or slug or
  muzzle loading firearms;
    8. Notwithstanding any provision of law, rule  or  regulation  to  the
  contrary,  the department may, until October first, two thousand eleven,
  fix by regulation the open seasons, open areas,  bag  limit,  manner  of
  taking,  possession  and disposition of bear and parts of bears, and the
  intentional and incidental feeding  of  bears.  Such  regulations  shall

  implement  the  provisions  of  this  article.  Such regulations, as the
  department deems appropriate, may provide for special permits and permit
  quotas. When a special permit is required, the  department  may  fix  by
  regulation a fee for each such permit issued.
    9.  a.  Until  October  first,  two  thousand  eleven, whenever in its
  opinion  deer  shall  become  numerous  enough  in  any  area  to  cause
  substantial  damage  to  property  or  overbrowsing  of  deer range, the
  department may fix by regulation special open seasons  for  taking  wild
  deer of either sex.  Subject to this subdivision, the department may fix
  the conditions of such seasons.
    b.  Such seasons may be fixed only in counties or parts of counties in
  which an open  season  for  taking  deer  by  the  use  of  firearms  is
  established by law.
    c.  Such seasons may be fixed for any number of days during the period
  beginning on the eleventh day after the close of a regular  open  season
  for  deer  established  by  law  and  ending  on February 10 immediately
  following.
    d. The department shall designate by regulation  areas  of  the  state
  consisting  of  a  county,  a  part  of  a county, or any combination of
  counties or parts of counties, excluding the northern zone as defined in
  subdivision sixteen of  section  11-0103  of  this  chapter,  for  which
  separate  special  open  seasons  are  fixed,  and  shall issue separate
  special permits for hunting in each such area  so  designated,  and  for
  each  permit  shall  receive a fee of three dollars to cover the cost of
  permit issuance and special deer tags.
    e. A regulation fixing a season pursuant  to  this  subdivision  shall
  include:
    (1)  a  requirement that hunting deer during such special season shall
  be only by holders of both a license authorizing the taking of big  game
  and a special permit for the area where hunting is permitted,
    (2)  a  limitation  on the number of such special permits to be issued
  for the area where such open season is fixed,
    (3) the method  of  application  for  and  issuance  of  such  special
  permits,
    (4) suspension of the provisions of subdivision one of section 11-0911
  with  regard  to  the  manner  of  reporting  deer  taken,  provided  an
  alternative method of reporting is established, and
    (5) such other rules and regulations  as  the  department  shall  deem
  necessary for the orderly and efficient conduct of such seasons.
    f. This subdivision does not increase the limit of one deer per person
  per license year.
    10.  Notwithstanding  any  inconsistent provision of subdivision 10 of
  section 11-0901 or subdivision 2, subdivision  3  or  subdivision  8  of
  section 11-0907 of this title, until October first, two thousand eleven,
  the  department  is  authorized to adopt regulations with respect to the
  manner of taking, possession, open seasons and bag limits for deer.  The
  authority  to  adopt  such  regulations  is in addition to any authority
  contained in this section or section 11-0913 of  this  title  respecting
  regulations  fixing  open  seasons  for  deer  and  the issuance of deer
  management permits.
    11.  The  department  shall  have  the  authority  to   establish   by
  regulation,  deer  management  assistance permits to allow land/resource
  managers to meet the deer  management  needs  of  their  property.  Such
  permits  shall  be valid only on the permittee's lands and shall address
  site specific management goals including but not limited to agricultural
  damage, areas where existing statutes do not allow for adequate  harvest
  and  areas  where  public access may be limited for justifiable security

  reasons.  Deer taken under this subdivision are in addition to  the  one
  deer per year authorized in section 11-0907 of this title.