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Village of Lansing Trustees authorized a special 'nuisance season' Monday that will extend its deer population management program through February and March.  Village Attorney David Dubow said that the current Village hunting law empowers the Trustees to approve official DEC (New York State Department of Environmental Conservation) program regulations even if they exceed Village's local hunting law provisions.  Dubow called the DEC Nuisance Program a kind of a 'higher level' of the Village's program, saying that the Trustees could make discretionary decisions as to which parts of DEC regulations are allowed.

"Those provisions would supercede the more restrictive provisions," he said.  "The one big example was that hunting had to be done in certain times of the day, and also during certain periods in which the activity could take place.  Now the orientation is to do it at night in the dark and in areas where it originally wouldn't have been done, and to be done when the primary deer season is in place.  So it's a separate process."

Last month Dubow had indicated that Trustees might have to enact a new local law to accomodate a nuisance season because conditions of the hunt under nuisance permits allow hunting under more liberal conditions than during the normal hunting season.  That would have involved a process, including a public hearing, that may have pushed the special season later than February 1st.  But after  further review of the current law Dubow said the Trustees may simply authorize any extended hunting conditions beyond those allowed in Village law as long as they are part of what the DEC permits.

Notably, baiting is allowed and hunting hours are extended until 11pm, and artificial lighting is allowed.  The regular hunting season must be over before any bait can be put on the ground.  That pushes the nuisance season's first possible starting day to February 1st, assuming the Trustees have approved the program and the DEC has granted the permit.

Village hunting law § 67-3-A states, "Except as expressly provided to the contrary hereinafter, the discharge of a firearm, shotgun, rifle, air gun, compound bow or crossbow within the Village of Lansing is prohibited."

But the law goes on to authorize narrow exceptions that do permit bow hunting under specific conditions.  Village law provides that only compound bows  or crossbows are excepted from the law that prohibits firearms of any kind.  The DEC allows other kinds of firearms, and specifies times and conditions that are not allowed during the regular hunting season.  The Village program provides that only hunters, or 'participants' who are vetted to hunt within the program are allowed to hunt in the Village.  Even landowners who want to hunt on their own properties without being part of the deer management program must get permission from the Village.

"Interestingly enough there is a provision in the exceptions, which is really the meat and potatoes of what the village can do in respect to firearms and particularly deer management," Dubow said.  "There is a provision that specifically references that if the Village is undertakling a DEC deer management program governing a property, in the event of any conflict between the provisions in this section (67.6, which are the exceptions) and the DEC deer management program governing the property in question, the Board of Trustees in granting the relief provided for above shall determine which provisions apply."

The key differences between the proposed nuisance program and regular and Focus Area hunting seasons are that it will take place February and March, after the regular and focus area seasons are concluded, hunting hours will be extended until 11pm, and artificial lighting and baiting will be permitted in designated areas.  Participants will be chosen from among those who have been part of the regular Village program.

"The DEC takes a lot of limitations off," said Cornell University's Dr. Bernd Blossey, who coordinates the Village program.  "The discharge distance remains the same, but the number of deer an individual can take -- starting in February it would be antlerless deer only.  You can take any implement you want, including a rifle where it's shotgun-only.  It's up to the board to decide what you want."

Dubow noted that Trumansburg did something similar earlier this year.  Blossey also coordinates the Trumansburg program and a program on Cornell properties.  Blossey noted that the Village of Trumansburg has no 'regular' season, so they were able to hold a nuisance season during the regular hunting season.  That makes Trumansburg unique, but also gives the Village of Lansing the advantage of the knowledge and results gained there.

Blossey said participants will be trained to hunt under artificial lighting.  He said there will be a very small number of hunters, each of whom will be assigned to a specific hunting area on the properties whose owners have granted permission.  Blossey's plan involves getting deer used to feeding at certain areas where bait is put out or distributed using automatic feeders, and putting ribbons on deer stands so they get used to motion in those locations.  Hunters would hunt these locations sparingly so deer don't learn to avoid areas that are hunted.

He said this approach has worked well in the Trumansburg program, which has provided over a thousand pounds of meat to the Southern Tier Food Bank.  But it hasn't been perfect.  He said he is experimenting with various approaches and equipment.  He said he is not happy with the automatic feeders that were used in Trumansburg, and wants to experiment with a different design in the Village of Lansing.

"We are experimenting with a single individual access to a particular location that avoids a run on places where there are a lot of deer," said Blossey.  "People can manage their individual location in a way that they see fit, and will not go out more than twice a week."

To move forward Blossey said he will fill out the form for a DEC nuisance permit, noting that he has already been in contact with DEC officials, who are expecting the Village application.  He said there may be a field inspection by the state.  The Village would be the agent for the various landowners who allow the program to use their properties.  He agreed to get the conditions and paperwork to the board before its meeting next Thursday.

The Board is expected to consider how much funding, if any, to provide for feeders and corn for bait.

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