Post by johnrockwood on Jun 26, 2015 7:25:06 GMT -5
Folks,
Following are the comments that the JTI Committee will be sending as the official NYSTA comments to the NYSDEC in response to the publication in the State Register of the proposed changes to fisher trapping regulations, and others, as published for comment on May 13, 2015.
PLEASE take the time to send in your own comments. Time is of the essence, there are only three days left to comment- the deadline is June 29, 2015. Your comments can be submitted via email to: michael.schiavone@dec.ny.gov (I would suggest putting "fisher regulations" in the subject line) or by regular mail to Michael Schiavone, NYSDEC, 625 Broadway, Albany, NY 12233-4754.
Feel free to use our official comments as a basis for your own. The importance of responding to this issue cannot be stressed enough. PLEASE DO YOUR PART !!!!
Thank you!
John
Official Comments From the New York State Trappers Association regarding the “Fisher Trapping Seasons and Bag Limits and General Trapping Regulations for Furbearers” as Posted on the NYS Register for Public Comment on May 13, 2015
To Whom It May Concern:
The New York State Trappers Association (NYSTA), on behalf of our membership representing the trappers of New York, respectfully wish to provide comments on the above captioned regulations proposal.
We would first like to take this opportunity to thank the NYSDEC for the ability to participate and make comments on these rule makings.
Please note that attached to this submission is a slightly revised copy of our position/comments which were submitted during the 30 day comment period on the Draft Fisher Management Plan earlier this year. We provide those comments as supporting documentation to our following comments relative to this regulations proposal. The Management Plan comments are to be considered equally, with those that follow, as they apply to this rule making.
In addition to those comments we would like to add the following for your consideration:
It is a fact that the Department and the NYSTA are at a stalemate regarding many of the very contentious parts of the fisher regulation changes as proposed in both the Draft Plan previously and now those as posted in the State Register . The NYSTA is willing to offer the first hand of compromise in the sincere hope that the Department will realize that our dedicated commitment to our position against some of the other aspects of both the proposed Draft Plan and the presently proposed fisher regulations stems from a sincere concern for the proper management of this valuable resource in harmony with the more individualized concerns of the trappers we represent.
First, we realize that the Department seems unnecessarily entrenched in their position that the fisher trapping season must open at the same time as canine and raccoon trapping seasons (25 October in all WMUs except 1A, 1C and 2A). We would hope that the Department would review the study conclusions from the experimental extended fisher trapping season in WMUs 6A, 6C, and 6H during the seasons of 2006/2007 and 2007/2008. The NYSTA Joint Trapping Initiative (JTI) Committee stands committed to working jointly with the Furbearer Management Team (FMT) towards a resolution between ourselves and the Department that could eventually allow us to harvest this luxury item during a time when they are of better quality and value without further restricting the historical length of the fisher trapping season.
Understanding that a change in the opening date of the season in the NZ and the Catskills is not likely at this point, we will offer our comments regarding the timing of seasons herein based on the historical season dates of 25 October through 10 December annually.
For the duration of these comments, the term “expansion” WMUs indicates Wildlife Management Units 4F, 4O, 7A, 7M, 7P, 7R, 7S, 8T, 8W, 8X, 8Y, 9J, 9K, 9M, 9N, 9P, 9R, 9S, 9T, 9W, 9X, and 9Y.
The NYSTA fully supports the Department's decision to open a limited fisher trapping season in new “expansion” WMUs across southern and western New York where proposed. With the understanding that there is a need for more research regarding fisher population dynamics in those WMUs, we will also support the proposed nine day season for those “expansion” WMUs. The NYSTA would ask that the Department seriously consider a change in the timing of that season. We would much prefer an opening date of 2 December with a closing date of 10 December in the expansion WMUs. This would provide for a concurrent closing date with the rest of the State and, in many cases, with adjacent WMUs.
Although the NYSTA remains steadfast in our position against bag limits as a means to manipulate the harvest of any furbearer species in New York State except American Pine Marten, we are of the understanding that at the present time there is insufficient necessary scientific data to open a season for fisher which is unencumbered by a bag limit in the “expansion” WMUs. The NYSTA would support the utilization of a temporarily imposed, realistic bag limit only in those “expansion” WMUs. We would support the Department on this with the stipulation that the Department MUST follow through with it's commitment to the continued collection of scientific data as outlined in the Draft Management Plan. As stipulated in that Plan, readdressing the season length and the use of bag limits for controlling the harvest in the “expansion” WMUs will be a priority issue, to be readdressed three years after implementation of this Plan and ensuing regulations. The NYSTA will not support bag limits within historical fisher trapping WMUs.
Regarding the proposed bag limit of one animal in the “expansion” WMUs, the NYSTA feels that a limit of only one animal is little more than an incidental harvest permit. Ethical trappers would be very concerned about setting more than one trap, fearful of inadvertently and accidentally capturing more than one fisher in a single day. Something that could easily happen if they were to set multiple traps for fisher in their attempt to capture “one” within the allotted nine days. Some trappers may not even attempt to capture a fisher due to the limits proposed, if implemented. We feel this is especially unfair and unnecessary considering the extremely limited season length of only nine days. The NYSTA would like the Department to consider a more realistic bag limit of two or three fisher per trapper, per season, until such time as this part of the Plan and regulation are revisited following three more years of study and data collection as outlined in the Plan. It does appear to us that the Department may share our reservations relative to the implementation of bag limits as per the statements issued within this very rule making proposal under the heading “8. Alternatives” If the Department biologists absolutely feel that they may be jeopardizing the fisher population in the expansion WMUs by implementation of any bag limit larger than one, the NYSTA, committed to wise conservation of the species, will support that decision provided this issue is readdressed after three years of implementation.
Part of this proposed rule making requires that anyone participating in trapping fisher in the “expansion” WMUs is required to obtain a revocable special permit issued by the Department. We are concerned about the word revocable and would ask for clarification of that term and an explanation of the criteria by which it would be deemed necessary to revoke the permit before supporting this portion of the rule making as written.
The NYSTA remains opposed to the shortening of the trapping season for fisher in WMUs 5C, 5F, 5G, 5H, 5J, 6F, and 6J. The season length in these WMUs should remain the same as in all other NZ and Catskill WMUs, 25 October through 10 December. The Department has no legitimate scientific data to support the shortening of this season at this time. Harvest data alone is far too insufficient to make such a drastic adjustment. There are numerous, more credible, influences that could affect the annual harvest, a few of which are outlined in the NYSTA comments to the Draft Management Plan, and none of which would indicate a reduction in overall fisher populations. We would ask how the Department estimates that the harvest of fisher in these WMUs has exceeded 20% of the population when there has never been a study to determine what 100% of the population equals? There is simply no legitimate, credible way that the Department could make the statement that over 20% of the population is being harvested in an area where the total population remains an unknown number. Using male to female harvest ratios is also an inconclusive theory, at best, and there is much disparity between authors of published papers when citing what they theorize are “normal” occurring sex ratios of fisher in the environment.
The NYSTA would propose that the Department dedicate the necessary funds and manpower to collect the scientific data required to develop a credible population model of the Adirondack Region before addressing any unnecessary changes to the present fisher trapping season length in that Region. The NYSTA also feels that it is very important to find out exactly why the fisher population is in decline, if those required scientific studies do indeed prove without a doubt that is the case. Those issues found to be the cause of such a decline must be addressed without undue adverse effect on trappers.
A proposed reduction in the fisher trapping season length in the Adirondacks also affects the length of the marten trapping season as outlined in the proposal. As the Department biologists are well aware, there is absolutely no need to reduce the length of the marten trapping season as the marten population continues to increase and expand, as evidenced in the Department's research. If there is ever conclusive evidence in the future that compels the Department to reduce the length of the fisher trapping season, we would propose that that ruling not affect marten trapping. There are ways to trap marten without worry of incidental fisher captures.
Again, we would like to remind the Department that we believe, in the best interests of all concerned and the species itself, that a concurrent season closing date be adhered to in all WMUs with an open fisher trapping season.
The NYSTA would also like to provide our comments on other parts of this rule making that are not directed at the fisher harvesting season.
In the newly proposed subparagraph 6.3(a)(5) we would suggest that the word fully be added to the sentence referencing suspension so that it would read: No body-gripping trap may be set in such a manner that the animal, when caught, would be fully suspended. Also in subparagraph 6.3(a)(5) we feel it is extremely unnecessary to state that “No person shall use traps of the body-gripping type that have teeth in the jaws”. The NYSTA knows of no body-gripping trap that is manufactured with teeth on the jaws. No trapper would use such a device as it would cause severe damage to the fur that was being harvested, let alone the inhumane aspects of such a device. We feel this sentence paints an unnecessarily grisly and barbaric picture of traps, trappers, and trapping to the uninformed public. The NYSTA would like to request that that sentence be removed from the proposed regulation.
We applaud and support the Department's decision to change subparagraph 6.3(a)(6)(ii) to provide for the use of body-gripping traps that measure less than 5.5 inches, foot encapsulating traps, foothold traps that are 4.75 inches or less, and cage or box traps on or within 15 feet of a beaver dam, den, or house during an open or closed otter season.
The NYSTA views the changes to subparagraph 6.3(a)(11) regarding the reduction in size, by ½ inch, of the body-gripping traps that must, under this rule making, conform to the “trigger regulations” as an unnecessary feel-good regulation designed to appease someone other than trappers. Outside of causing a slight inconvenience for trappers, this is regarded as a potential bias against certain brands of traps that have been less expensive to purchase by many trappers than the traditional size #330s. The NYSTA prefers to take no position for or against this unnecessary change at this time.
We would like to point out one more fact relative to bag limits – a statement of fact, by the NYSDEC within this rule making, which supports the NYSTA position against bag limits for furbearers. Please take the time to read the Department's own statements under the heading of Regulatory Impact Statement, 8. Alternatives and we quote from the third paragraph: “Trappers in the Adirondacks usually pursue both species simultaneously and the methods used to trap these species are very similar. However, a seasonal bag limit on fishers creates some challenges for law enforcement; for example, trappers exceeding their bag limit may tag them on another trapper's permit, or report the harvest from an adjacent WMU where there was no bag limit. Bag limits can also be burdensome to trappers who typically set numerous traps at one time, but have no way to limit their cumulative take each day. Consequently, having a restrictive bag limit could result in unintended violations and discourage trapping participation.” The trappers of New York agree!
Respectfully Submitted,
John Rockwood
JTI Committee Chairman
New York State Trappers Association
Following are the comments that the JTI Committee will be sending as the official NYSTA comments to the NYSDEC in response to the publication in the State Register of the proposed changes to fisher trapping regulations, and others, as published for comment on May 13, 2015.
PLEASE take the time to send in your own comments. Time is of the essence, there are only three days left to comment- the deadline is June 29, 2015. Your comments can be submitted via email to: michael.schiavone@dec.ny.gov (I would suggest putting "fisher regulations" in the subject line) or by regular mail to Michael Schiavone, NYSDEC, 625 Broadway, Albany, NY 12233-4754.
Feel free to use our official comments as a basis for your own. The importance of responding to this issue cannot be stressed enough. PLEASE DO YOUR PART !!!!
Thank you!
John
Official Comments From the New York State Trappers Association regarding the “Fisher Trapping Seasons and Bag Limits and General Trapping Regulations for Furbearers” as Posted on the NYS Register for Public Comment on May 13, 2015
To Whom It May Concern:
The New York State Trappers Association (NYSTA), on behalf of our membership representing the trappers of New York, respectfully wish to provide comments on the above captioned regulations proposal.
We would first like to take this opportunity to thank the NYSDEC for the ability to participate and make comments on these rule makings.
Please note that attached to this submission is a slightly revised copy of our position/comments which were submitted during the 30 day comment period on the Draft Fisher Management Plan earlier this year. We provide those comments as supporting documentation to our following comments relative to this regulations proposal. The Management Plan comments are to be considered equally, with those that follow, as they apply to this rule making.
In addition to those comments we would like to add the following for your consideration:
It is a fact that the Department and the NYSTA are at a stalemate regarding many of the very contentious parts of the fisher regulation changes as proposed in both the Draft Plan previously and now those as posted in the State Register . The NYSTA is willing to offer the first hand of compromise in the sincere hope that the Department will realize that our dedicated commitment to our position against some of the other aspects of both the proposed Draft Plan and the presently proposed fisher regulations stems from a sincere concern for the proper management of this valuable resource in harmony with the more individualized concerns of the trappers we represent.
First, we realize that the Department seems unnecessarily entrenched in their position that the fisher trapping season must open at the same time as canine and raccoon trapping seasons (25 October in all WMUs except 1A, 1C and 2A). We would hope that the Department would review the study conclusions from the experimental extended fisher trapping season in WMUs 6A, 6C, and 6H during the seasons of 2006/2007 and 2007/2008. The NYSTA Joint Trapping Initiative (JTI) Committee stands committed to working jointly with the Furbearer Management Team (FMT) towards a resolution between ourselves and the Department that could eventually allow us to harvest this luxury item during a time when they are of better quality and value without further restricting the historical length of the fisher trapping season.
Understanding that a change in the opening date of the season in the NZ and the Catskills is not likely at this point, we will offer our comments regarding the timing of seasons herein based on the historical season dates of 25 October through 10 December annually.
For the duration of these comments, the term “expansion” WMUs indicates Wildlife Management Units 4F, 4O, 7A, 7M, 7P, 7R, 7S, 8T, 8W, 8X, 8Y, 9J, 9K, 9M, 9N, 9P, 9R, 9S, 9T, 9W, 9X, and 9Y.
The NYSTA fully supports the Department's decision to open a limited fisher trapping season in new “expansion” WMUs across southern and western New York where proposed. With the understanding that there is a need for more research regarding fisher population dynamics in those WMUs, we will also support the proposed nine day season for those “expansion” WMUs. The NYSTA would ask that the Department seriously consider a change in the timing of that season. We would much prefer an opening date of 2 December with a closing date of 10 December in the expansion WMUs. This would provide for a concurrent closing date with the rest of the State and, in many cases, with adjacent WMUs.
Although the NYSTA remains steadfast in our position against bag limits as a means to manipulate the harvest of any furbearer species in New York State except American Pine Marten, we are of the understanding that at the present time there is insufficient necessary scientific data to open a season for fisher which is unencumbered by a bag limit in the “expansion” WMUs. The NYSTA would support the utilization of a temporarily imposed, realistic bag limit only in those “expansion” WMUs. We would support the Department on this with the stipulation that the Department MUST follow through with it's commitment to the continued collection of scientific data as outlined in the Draft Management Plan. As stipulated in that Plan, readdressing the season length and the use of bag limits for controlling the harvest in the “expansion” WMUs will be a priority issue, to be readdressed three years after implementation of this Plan and ensuing regulations. The NYSTA will not support bag limits within historical fisher trapping WMUs.
Regarding the proposed bag limit of one animal in the “expansion” WMUs, the NYSTA feels that a limit of only one animal is little more than an incidental harvest permit. Ethical trappers would be very concerned about setting more than one trap, fearful of inadvertently and accidentally capturing more than one fisher in a single day. Something that could easily happen if they were to set multiple traps for fisher in their attempt to capture “one” within the allotted nine days. Some trappers may not even attempt to capture a fisher due to the limits proposed, if implemented. We feel this is especially unfair and unnecessary considering the extremely limited season length of only nine days. The NYSTA would like the Department to consider a more realistic bag limit of two or three fisher per trapper, per season, until such time as this part of the Plan and regulation are revisited following three more years of study and data collection as outlined in the Plan. It does appear to us that the Department may share our reservations relative to the implementation of bag limits as per the statements issued within this very rule making proposal under the heading “8. Alternatives” If the Department biologists absolutely feel that they may be jeopardizing the fisher population in the expansion WMUs by implementation of any bag limit larger than one, the NYSTA, committed to wise conservation of the species, will support that decision provided this issue is readdressed after three years of implementation.
Part of this proposed rule making requires that anyone participating in trapping fisher in the “expansion” WMUs is required to obtain a revocable special permit issued by the Department. We are concerned about the word revocable and would ask for clarification of that term and an explanation of the criteria by which it would be deemed necessary to revoke the permit before supporting this portion of the rule making as written.
The NYSTA remains opposed to the shortening of the trapping season for fisher in WMUs 5C, 5F, 5G, 5H, 5J, 6F, and 6J. The season length in these WMUs should remain the same as in all other NZ and Catskill WMUs, 25 October through 10 December. The Department has no legitimate scientific data to support the shortening of this season at this time. Harvest data alone is far too insufficient to make such a drastic adjustment. There are numerous, more credible, influences that could affect the annual harvest, a few of which are outlined in the NYSTA comments to the Draft Management Plan, and none of which would indicate a reduction in overall fisher populations. We would ask how the Department estimates that the harvest of fisher in these WMUs has exceeded 20% of the population when there has never been a study to determine what 100% of the population equals? There is simply no legitimate, credible way that the Department could make the statement that over 20% of the population is being harvested in an area where the total population remains an unknown number. Using male to female harvest ratios is also an inconclusive theory, at best, and there is much disparity between authors of published papers when citing what they theorize are “normal” occurring sex ratios of fisher in the environment.
The NYSTA would propose that the Department dedicate the necessary funds and manpower to collect the scientific data required to develop a credible population model of the Adirondack Region before addressing any unnecessary changes to the present fisher trapping season length in that Region. The NYSTA also feels that it is very important to find out exactly why the fisher population is in decline, if those required scientific studies do indeed prove without a doubt that is the case. Those issues found to be the cause of such a decline must be addressed without undue adverse effect on trappers.
A proposed reduction in the fisher trapping season length in the Adirondacks also affects the length of the marten trapping season as outlined in the proposal. As the Department biologists are well aware, there is absolutely no need to reduce the length of the marten trapping season as the marten population continues to increase and expand, as evidenced in the Department's research. If there is ever conclusive evidence in the future that compels the Department to reduce the length of the fisher trapping season, we would propose that that ruling not affect marten trapping. There are ways to trap marten without worry of incidental fisher captures.
Again, we would like to remind the Department that we believe, in the best interests of all concerned and the species itself, that a concurrent season closing date be adhered to in all WMUs with an open fisher trapping season.
The NYSTA would also like to provide our comments on other parts of this rule making that are not directed at the fisher harvesting season.
In the newly proposed subparagraph 6.3(a)(5) we would suggest that the word fully be added to the sentence referencing suspension so that it would read: No body-gripping trap may be set in such a manner that the animal, when caught, would be fully suspended. Also in subparagraph 6.3(a)(5) we feel it is extremely unnecessary to state that “No person shall use traps of the body-gripping type that have teeth in the jaws”. The NYSTA knows of no body-gripping trap that is manufactured with teeth on the jaws. No trapper would use such a device as it would cause severe damage to the fur that was being harvested, let alone the inhumane aspects of such a device. We feel this sentence paints an unnecessarily grisly and barbaric picture of traps, trappers, and trapping to the uninformed public. The NYSTA would like to request that that sentence be removed from the proposed regulation.
We applaud and support the Department's decision to change subparagraph 6.3(a)(6)(ii) to provide for the use of body-gripping traps that measure less than 5.5 inches, foot encapsulating traps, foothold traps that are 4.75 inches or less, and cage or box traps on or within 15 feet of a beaver dam, den, or house during an open or closed otter season.
The NYSTA views the changes to subparagraph 6.3(a)(11) regarding the reduction in size, by ½ inch, of the body-gripping traps that must, under this rule making, conform to the “trigger regulations” as an unnecessary feel-good regulation designed to appease someone other than trappers. Outside of causing a slight inconvenience for trappers, this is regarded as a potential bias against certain brands of traps that have been less expensive to purchase by many trappers than the traditional size #330s. The NYSTA prefers to take no position for or against this unnecessary change at this time.
We would like to point out one more fact relative to bag limits – a statement of fact, by the NYSDEC within this rule making, which supports the NYSTA position against bag limits for furbearers. Please take the time to read the Department's own statements under the heading of Regulatory Impact Statement, 8. Alternatives and we quote from the third paragraph: “Trappers in the Adirondacks usually pursue both species simultaneously and the methods used to trap these species are very similar. However, a seasonal bag limit on fishers creates some challenges for law enforcement; for example, trappers exceeding their bag limit may tag them on another trapper's permit, or report the harvest from an adjacent WMU where there was no bag limit. Bag limits can also be burdensome to trappers who typically set numerous traps at one time, but have no way to limit their cumulative take each day. Consequently, having a restrictive bag limit could result in unintended violations and discourage trapping participation.” The trappers of New York agree!
Respectfully Submitted,
John Rockwood
JTI Committee Chairman
New York State Trappers Association