Section 11-0913. Deer management permits

1.  a.  Until  October  first,  two  thousand  eleven, 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 disabled veterans
  having 40 percent or greater disability,  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 junior archery,  sportsman,  resident  super-sportsman,
  conservation legacy or non-resident super-sportsman license.
    * NB Effective until October 1, 2009
    * 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,   junior   archery   license,   resident
  super-sportsman license, or junior hunting license.
    * NB Effective October 1, 2009
    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.