N.Y. Comp. Codes R. & Regs. tit. 6 § 186.4

Current through Register Vol. 46, No. 50, December 11, 2024

Section 186.4 - Authorization of automated feeding devices, with 4-Poster[TM] Tickicide

(a) Eligible permittees. The Department may, at its discretion, issue permits pursuant to this section to any of the following entities or their designated representatives to deploy automated feeding de vices using whole kernel corn in parts of the state where 4-Poster TM Tickicide is registered for use: municipalities, public or private landowners, or home- owner associations that, singly or in combination, own and control a contiguous land area inhabited by white-tailed deer and totaling at least 40 acres in size.

(b) Criteria for permit issuance. The following criteria must be met before a permit may be issued by the Department pursuant to this section:

(1) The applicant must identify the specific properties (e.g., tax parcel numbers, latitude/longitude, or UTM coordinates of proposed deployment locations) that are included in the proposed deployment are a and their owners;

(2) The identified properties must include a contiguous land area totaling at least 40 acres in size;

(3) The applicant(s) must be one or more of the person(s) who own(s) property included in the application, or be an agent with written permission from the owner(s) of the property(ies) where the device(s) will be located;

(4) Written consent of owners of all properties that are wholly or partially included in a circle centered on each device location and with a radius of 745 feet must be provided as part of the application;

(5) The applicant must provide a written deer management plan using a format provided by the Department that will be implemented in conjunction with the use of 4-Poster TM Tickicide and an automated feeding device. At a minimum, the plan must include measures to en sure that white-tailed deer populations and the impacts of deer (e.g., vehicle collisions and damage to ornamental plantings and native vegetation) will not increase as a result of deploying the automated feeding devices. The deer management plan may include, but is not limited to, recreational hunting, culling, surgical sterilization, fencing of sensitive areas, and enforcement of State and local deer feeding prohibitions pursuant to this Part or local laws or regulations. The plan must clearly indicate how it relates to any deer management plans currently in place for the municipality where automated feeding devices would be deployed. Prior to the issuance of a permit for an automated feeding device using 4-Poster TM Tickicide, the deer management plan must be approved by the Department. The Department may deny a permit to any person that it determines has not adequately considered and incorporated deer population management techniques in conjunction with deployment of automated feeding devices. Examples of this would include, but not be limited to, maintaining land owner restrictions on deer hunting that exceed State and local statutes necessary to ensure public safety;

(6) If the applicant is not a municipality, written approval of the specific location(s) of deployment of automated feeding devices with 4-Poster TM Tickicide must be provided by the smallest municipality with jurisdiction where the property is located; and

(7) Permit applications may be submitted at any time of year using forms provided by the Department.

(c) Permit conditions and reporting requirements:

(1) Automated feeding devices may only be used in parts of the state where 4-Poster TM Tickicide is registered for use and may be deployed only at the locations identified in an application approved by the Department;

(2) Permits may be issued for up to a 3-year period, but will include an annual reporting requirement using a form provided by the Department. Annual reports shall be submitted to the Department on or before December 31 and shall include a summary of bait consumption and 4-Poster TM Tickicide applications by week for each automated feeding de- vice, recommendations for future use of automated feeding devices in the areas covered by the permit, and a summary of actions employe d by the permittee to control deer population growth and impacts and monitor impacts;

(3) Permits may allow deployment and maintenance of automated feeding devices with 4-Poster TM Tickicide at any time of year;

(4) Automated feeding devices with 4-Poster TM Tickicide may not be placed within 300 feet of a public highway pursuant to Environmental Conservation Law 11-0505(8);

(5) Automated feeding devices with 4-Poster TM Tickicide may not be placed within 300 feet of any dwelling, multiple dwelling, playground or any other locations where children may be present without adult supervision, unless the area around the automated feeding device with 4-Poster TM Tickicide is surrounded with a fence 28 to 30 inches high with a minimum diameter of 29 feet and constructed in accordance with specifications outlined in New York State-approved labeling for 4-Poster TM Tickicide;

(6) The Department may, when it determines that attraction of black bears or other non-target species (e.g., raccoons) poses an ecological or public safety risk, require that automated feeding devices with 4-Poster TM Tickicide be surrounded with an electrified fence with a minimum diameter of 29 feet, constructed and maintained in such a manner as to prevent any non-target species of concern from gaining access to the automated feeding device;

(7) Any person that receives a permit to use an automated feeding de- vice with 4-Poster TM Tickicide and any municipality that endorses such a permit issued to any entity located in their jurisdiction must take steps to inform the public, including landowners, hunters, and local law enforcement agencies, of the presence and locations of automated feeding devices in their area. Examples of such steps would include but not be limited to notices on municipal websites, in local newspapers, and posted at entrances to properties where automated feeding devices with 4-Poster TM Tickicide are deployed;

(8) The permittee shall deploy automated feeding devices with 4-Poster TM Tickicide in accordance with the manufacturer's instructions, in compliance with U.S. Environmental Protection Agency an d New York State label requirements and subject to the applicable provisions of Environmental Conservation Law Article 33;

(9) An automated feeding device shall only be baited with feed when rollers are charged with 4-Poster TM Tickicide and all bait shall be removed and disposed of in an approved waste disposal facility upon cessation of 4-Poster TM Tickicide application; and (10) Additional permit conditions may be included at the Department's discretion.

(d) Revocation. Permits may be revoked for violation of perm it conditions or failure to implement and maintain deer management measures as described in the Department-approved deer management plan, or when the Department determines that the continued use of automated feeding devices with 4-Poster TM Tickicide poses a threat of disease spread or transmission.

(e) An automated feeding device with 4-Poster TM Tickicide deployed in accordance with a Department-issued permit shall not be considered a "pre-established bait pile" that would prohibit the taking of deer by a licensed hunter pursuant to ECL 11-0901(4)(b)(7).

N.Y. Comp. Codes R. & Regs. Tit. 6 § 186.4

Adopted New York State Register December 24, 2019/Volume XLI, Issue 52, eff. 12/24/2019