(a)
Purpose.
This section contains the application and issuance
procedures for deer management permits. A deer management permit (DMP) is a
special permit issued to an individual or group of individuals allowing the
holder to take a deer in a specified wildlife management unit (WMU) in addition
to any deer an individual may otherwise legally take. WMUs are defined in
section 4.1 of this Title.
(b)
Application
process.
(1) Generally. Application
may be made at all license issuing agents, by telephone, by internet or by
mail. Forms may be obtained from hunting license issuing agents, Department of
Environmental Conservation offices, the department's website and by mail from
the department. Each application must include the choice of the WMU or WMUs for
which a permit(s) is desired.
(2)
Initial application period. The deadline for the initial application period is
October 1st. In order to receive consideration, applications for the initial
application period made by phone, internet or at license issuing agents shall
be submitted on or before October 1st for that license year. Applications
submitted by mail shall be postmarked on or before October 1st for that license
year.
(3) Mail applications. Each
group member must sign and date the application, to the effect that he/she has
read and understands the certification on the application and the rules and
regulations contained in the official information sheet and that all
information furnished by him/her is true and correct.
(4) Application fees. All applications must
include the fee required in accordance with section
11-0913 of the Environmental
Conservation Law. This fee will be waived for holders of junior archery, junior
hunting, and lifetime sportsman (if bought prior to October 1, 2009) license
types. Monies received in excess of the application fee will not be
refunded.
(c)
Application categories and selection order will be as follows:
(1) An applicant with three or more
preference points may be issued his/her first choice DMP during the initial
application period.
(2)
Landowner/disabled veteran applications. Approximately 50 percent of the DMP
issuance target for each WMU shall first be available to persons or spouses of
persons owning 50 acres or more in one or more parcels, which share a common
boundary, in the same WMU, or to disabled veterans having 40 percent or greater
service-related disability.
(i) Proof of
landownership. The group member who is the owner or spouse of the owner of the
50 acres or more of land shall provide proof of land ownership, the WMU where
the land is located and the tax map identification number for the property as
recorded in the county clerk's office. When a parcel of land is jointly owned,
only one of the co-owners may apply for landowner preference as the landowning
member. When land is owned by a corporation, only one person designated by the
corporation shall apply for landowner preference, and this person shall obtain
an original letter or a certified copy of a resolution adopted by the governing
body of the corporation designating him/her by name as the one authorized to
apply. The applicant shall present this letter as the time of application.
Where lands are being purchased under an executory contract of sale, such
transactions shall be duly recorded in the office of the county clerk in the
county in which the lands are situated. Failure to comply with any of these
requirements shall be cause for denial of the application for landowner
preference. An application which is submitted without valid proof of
landownership, but is otherwise correct, may be processed as a nonlandowner
application.
(ii) Proof of disabled
veteran status. The group member who is a veteran with 40 percent or greater
service-related disability shall provide proof of disability, in the form of a
letter from the U.S. Veterans Administration, the N.Y.S. Division of Veterans
Affairs, or a branch of the U.S. Military dated during the calendar year of
application, on letterhead with an original signature, certifying the
disability. Failure to comply with any of these requirements shall be cause for
denial of the application for disabled veteran preference. An application which
is submitted without valid proof of disablement, but is otherwise correct, may
be processed as a regular application.
(3) Resident applications. Permits remaining
after landowner/disabled veteran permits have been issued shall next be
available to applications containing at least one New York State
resident.
(4) Nonresident
applications. Any permits remaining after all resident applications have been
processed shall then be available to applications with no New York State
residents.
(5) Nonselectee
preference certificate credits. Within applicant categories preference will be
given to applications containing nonselection credits from previous year(s).
Preference will be administered, highest to lowest, with those with the
greatest number of nonselection credits being issued permits first.
(6) Second permits. In WMUs in which the
optimal number of DMPs is not expected to be achieved through the issuance of
first permits, additional permits may be available as second permits.
Applications requesting second permits will be processed in accordance with the
categories, selection order, and preferences described in this
subdivision.
(d)
Application processing and DMP issuance.
(1) If a WMU over-subscription is expected, a
random number, ranging from 0.0 to 1.0, shall be computer generated for each
applicant. If this random number is less than or equal to the predetermined
probability for that applicant class, the permit will be issued. If the number
is greater than the predetermined probability for that applicant class, the
permit will not be issued.
(2) In
the event that any applicant is denied either a first or second permit during
the initial application period in a WMU in which the optimum number of permits
were not issued, permits may be issued to previously denied applicants in
accordance with the categories, selection order, and preferences described in
subdivision (c) of this section. Such permits will be mailed to selected
applicants. Permit issuance will continue until the optimal number of permits
have been issued or until all previously denied applicants have been issued
permits, whichever comes first. For nonselectee preference purposes, these
permits will be considered to have been issued during the initial application
period.
(e)
Subsequent application period(s).
In WMUs for which the number of applications received
results in the issuance of less than the optimal number of DMPs, the department
may reopen the application process at license issuing agents only and issue
DMPs on a first-come, first-served basis until the optimal number of DMPs have
been issued. In addition, "Bonus DMPs," described in subdivision (k) of this
section, may be issued at the department's discretion.
(f)
Successful applicants.
A validated DMP will be issued by the license issuing
agent or mailed to the successful applicant or the group leader of successful
applicants.
(g)
Unsuccessful first permit applicants.
Nonselectee preference points will be issued by the
license issuing agent or mailed to the unsuccessful applicant or the group
leader of each group not receiving a first choice permit during the initial
application period.
(h)
Incomplete, incorrect, or illegible applications will not receive consideration
and will be denied or returned to the applicant as incomplete. An applicant
whose application cannot be processed because it is incomplete, incorrect or
illegible will forfeit any nonselected preference credits submitted.
(i) Any person who makes a false statement in
the application for a DMP is in violation of the Environmental Conservation
Law, section 71-0921. A DMP obtained by fraud is void. A DMP is void if the
applicant offered false statements or information in the application. Any
application received from a person or group who has failed to make payment for
previously issued permits will not receive consideration and will be denied or
returned to the applicant as incomplete.
(j) A damaged or lost DMP carcass tag may be
replaced by any license issuing agent.
(k)
Bonus DMPs.
In any WMU where the department determines that limited
access, hunter numbers or legal implements hinder the achievement of needed
harvest, the department may issue bonus DMPs. The department will annually
determine if these permits are valid for deer of either sex or antlerless deer
only. Either sex or antlerless only harvest restrictions will be stated on
application, and permittees must comply with any such harvest
restrictions
(1) Eligibility. Upon
successfully filling a DMP by killing an antlerless deer in any WMU where the
department has determined that bonus permits will be issued, a hunter may
obtain a bonus DMP valid in the same WMU in which the antlerless deer was
taken. Bonus permits will be issued on a first-come first-served basis. The
department may limit the number of bonus permits issued to each hunter. Also
the
department may terminate the issuance of bonus DMPS at any time. Persons
wishing to obtain a bonus permit, after harvesting an antlerless deer, must
meet the following application requirements:
(i) The department may require the head or
whole carcass of the antlerless deer and the report tag be taken to a deer
check station/permit outlet.
(ii) A
sworn statement must be submitted stating the WMU in which the deer was
taken.
(2) Permit
issuance. The department or a designated agent will issue a bonus DMP to
successful applicants. No fee is required.
(l)
Sale of DMPs.
No person shall buy, sell or offer to sell a
DMP.
