8
m 16 to 14 years of age in 2008.

Comment: The Department received several comments regarding the February 2009 survey that
was conducted in the 8 Wildlife Management Units prior to formally proposing expansion of the
antler restriction area. Several hunters who support mandatory antler restrictions commented
that the DEC guidelines requiring 67% support with no more than 20% strong opposition prior to
proposing regulations for antler restrictions is unfair and a simple majority approach should be
used. Additionally, these writers suggested that DEC is requiring significant effort from antler
restriction proponents to pursue implementation. In contrast, several hunters who oppose
mandatory antler restrictions thought the survey results were biased because DEC withheld
information about the pilot program from survey participants. Further, these writers indicated
that survey results unfairly favored antler restriction supporters because respondents who
indicated “moderate opposition” were not included in DEC guidelines for evaluating hunter
sentiment. Other writers thought all hunters should have been surveyed for a more accurate
assessment. Still other writers commented that reliance on opinion surveys rather than biological
data is inappropriate.

Response: Because antler restrictions are not necessary for proper biological management of
New York’s deer herd but rather reflect social values and desires among hunters, the Department
has asked proponents to demonstrate that substantial grassroots interest exists among hunters in
an area prior to the Department conducting a rigorous scientific assessment of hunter opinion.
Additionally, because mandatory antler restrictions would represent a major change to the
hunting tradition in New York, the Department believes it is appropriate that the potential
program change be supported by a supermajority of affected hunters and not strongly opposed by
more than 1/5th of hunters. Information about the existing antler restriction program was not
provided to survey recipients in order to avoid biasing respondents. The survey was conducted
in a scientifically sound manner using a random sample of hunters that hunt the 8 WMUs under
consideration. Support and opposition levels for some units and confidence intervals for all units
“bracketed” the guidelines established by the Department. This means that the data could be
interpreted to either support moving forward with a formal rulemaking proposal for antler
restrictions or to support taking no action. Given the equivocal results, the Department opted to
move to the formal rulemaking process to use the 45-day public comment period as an
opportunity to further clarify the attitudes of deer hunters and other stakeholders towards antler
restrictions in this area.