State Codes and Statutes

Statutes > New-york > Env > Article-11 > Title-9 > 11-0903

§ 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 published annually in the federal register  by  the  U.S.  Department  of  the  Interior,  unless the department adopts regulations  pursuant to section 11-0307. Notice of such open seasons and bag  limits  shall  be  provided by department press release and any other means that  the department determines to be  appropriate  and  effective,  including  posting on the department's public website.    * NB Effective until May 1, 2011    * 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).    * NB Effective May 1, 2011    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 or crossbow;    * NB Effective until December 31, 2012    * 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;    * NB Effective December 31, 2012    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.

State Codes and Statutes

Statutes > New-york > Env > Article-11 > Title-9 > 11-0903

§ 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 published annually in the federal register  by  the  U.S.  Department  of  the  Interior,  unless the department adopts regulations  pursuant to section 11-0307. Notice of such open seasons and bag  limits  shall  be  provided by department press release and any other means that  the department determines to be  appropriate  and  effective,  including  posting on the department's public website.    * NB Effective until May 1, 2011    * 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).    * NB Effective May 1, 2011    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 or crossbow;    * NB Effective until December 31, 2012    * 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;    * NB Effective December 31, 2012    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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Env > Article-11 > Title-9 > 11-0903

§ 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 published annually in the federal register  by  the  U.S.  Department  of  the  Interior,  unless the department adopts regulations  pursuant to section 11-0307. Notice of such open seasons and bag  limits  shall  be  provided by department press release and any other means that  the department determines to be  appropriate  and  effective,  including  posting on the department's public website.    * NB Effective until May 1, 2011    * 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).    * NB Effective May 1, 2011    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 or crossbow;    * NB Effective until December 31, 2012    * 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;    * NB Effective December 31, 2012    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.