ENV-42-11-00023-A Amend Part 189 Related to the Discovery of Chronic Wasting Disease in Deer in Maryland

1/11/12 N.Y. St. Reg. ENV-42-11-00023-A

NEW YORK STATE REGISTER

VOLUME XXXIV, ISSUE 2

January 11, 2012

RULE MAKING ACTIVITIES

DEPARTMENT OF ENVIRONMENTAL CONSERVATION

NOTICE OF ADOPTION

 

I.D No. ENV-42-11-00023-A

Filing No. 1409

Filing Date. Dec. 27, 2011

Effective Date. Jan. 11, 2012

Amend Part 189 Related to the Discovery of Chronic Wasting Disease in Deer in Maryland

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:

Action taken:

Amendment of Part 189 of Title 6 NYCRR.

Statutory authority:

Environmental Conservation Law, sections 3-0301, 11-0325, 11-1905 and 27-0703

Subject:

Amend Part 189 related to the discovery of chronic wasting disease in deer in Maryland.

Purpose:

To prevent importation of chronic wasting disease infectious material from the State of Maryland into New York.

Text of final rule:

Subparagraph 189.3(e)(1)(i) is amended to read as follows:

(i) United States: Alabama, Connecticut, Delaware, Florida, Georgia, Kentucky, Maine, [Maryland,] Massachusetts, Mississippi, New Hampshire, New Jersey, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, and Vermont.

Subdivision 189.7(h) is repealed.

Final rule as compared with last published rule:

Nonsubstantive changes were made in section 189.7(h).

Text of rule and any required statements and analyses may be obtained from:

Patrick Martin, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4750, [phone], email: [e-mail]

Additional matter required by statute:

A negative declaration has been prepared pursuant to Article 8 of the Environmental Conservation Law and is on file with the department.

Revised Regulatory Impact Statement

The original Regulatory Impact Statement, as published in the Notice of Proposed Rule Making, remains valid and does not need to be amended to reflect the changes made to the text of the regulation.

Revised Regulatory Flexibility Analysis

1. Effect of Rule:

The proposed regulation is necessary to protect the white-tailed deer population in New York State from Chronic Wasting Disease (CWD). The white-tailed deer is a very important natural resource to small businesses and local governments in New York. The purpose of the new regulation is to protect this resource so that New Yorkers may continue to enjoy viewing deer, and benefit from deer hunting, and the positive economic and social effects of deer and deer hunting.

Under the proposed regulations, Maryland will be dropped from the list of states exempt for the importation restrictions. All CWD positive states are subject to the same importation restrictions. Although this will impact New York residents who may hunt in Maryland and plan to return to New York with whole carcasses of the deer they harvest, it is anticipated that this will effect relatively few hunters and, with some advanced planning, hunters can easily comply with these regulations without losing hunting opportunity.

No local governments will be affected by this rule.

2. Compliance Requirements:

Resident hunters who harvest a deer in Maryland will be required to remove specific parts from the animal before bringing it into New York.

3. Professional Services:

The rule will not require local governments or small businesses to engage professional services to comply with this rule.

4. Compliance Costs:

Some successful hunters will be required to pay for the processing of their harvested deer before returning to the State. Most hunters who hunt in the CWD restricted states have their harvested game processed before they return as a matter of course.

5. Economic and Technological Feasibility:

There is no economic or technological affect on local governments or small businesses. The rule will not require any technological changes or capital expenditures to comply with the new regulation.

6. Minimizing Adverse Impact:

As the serious nature of CWD is explained to the public, the new restrictions are likely to be accepted as reasonable and balanced. The Department of Environmental Conservation (department) strongly supports continued research on CWD to understand the modes of transmission, and associated risk variables. As new information becomes available, the department will adjust regulations in response to new data or findings.

7. Small Business and Local Government Participation:

When CWD was first confirmed, the department held public meetings to explain the nature of the disease and the department's initial response. Since early April 2005, the department has issued press releases to continue to inform the public of developments and findings relative to the CWD monitoring program. Similarly, as the department establishes appropriate and necessary regulations to contain the disease outreach to affected stakeholders (businesses and local governments) will be done so that the importance of the new regulations is understood.

8. Cure Period or Other Opportunity for Ameliorative Action:

Pursuant to SAPA 202-b(1-a)(b), no such cure period is included in the rule because of the potential adverse impact that could have on the health of cervids. Immediate compliance with this rule is necessary to prevent further introduction of this disease into New York State and prevent exportation of this disease outside of New York. Compliance is also required to ensure that the general welfare of the public is protected.

Revised Rural Area Flexibility Analysis

The original Rural Area Flexibility Analysis statement, as published in the Notice of Proposed Rule Making, remains valid and does not need to be amended to reflect the changes made to the text of the regulation.

Revised Job Impact Statement

The original Job Impact Statement, as published in the Notice of Proposed Rule Making, remains valid and does not need to be amended to reflect the changes made to the text of the regulation.

Assessment of Public Comment

The agency received no public comment.