Specific reasons underlying the finding of necessity:
The Department of Environmental Conservation (Department) is adopting this rule by emergency rulemaking in order to conform state migratory game bird hunting regulations with the federal regulations for the 2007–2008 season and flyway guidelines for resource conservation. Migratory game bird population levels fluctuate annually in response to a variety of environmental factors, including weather conditions, predation, and human activities, such as land use changes and harvest. As a result, federal regulations pertaining to hunting of migratory birds are reviewed and adjusted annually. Environmental Conservation Law Section 11-0307 requires that the Department adjust state migratory game bird regulations to maintain consistency with federal regulations. The final federal regulations are adopted in late summer, thereby necessitating emergency adoption of state regulations in order to have them in place for the migratory game bird seasons that begin in September.
Immediate adoption of this rule is necessary to preserve the general welfare by implementing New York State's 2007–2008 waterfowl hunting regulations. Our regulations need to be amended to be in compliance with ECL 11-0307, which requires state regulations to conform with federal regulations. In addition, law enforcement problems, public dissatisfaction, and adverse economic impacts would ensue if migratory game bird hunting regulations were not adjusted annually to conform with federal regulations and hunter preferences.
Subject:
Migratory game bird hunting regulations for the 2007–2008 season.
Purpose:
To adjust migratory game bird hunting regulations to conform with Federal regulations.
Text of emergency/proposed rule:
Subparagraph 2.30(d)(6)(viii) is repealed and a new subparagraph (viii) is adopted to read as follows:
(viii) The Western Long Island Goose Hunting Area is that area of Westchester County and its tidal waters southeast of Interstate Route 95 and that area of Nassau and Suffolk Counties lying west of a continuous line extending due south from the New York-Connecticut boundary to the northernmost end of Roanoke Avenue in the Town of Riverhead; then south on Roanoke Avenue (which becomes County Route 73) to State Route 25; then west on Route 25 to Peconic Avenue; then south on Peconic Avenue to County Route (CR) 104 (Riverleigh Avenue); then south on CR 104 to CR 31 (Old Riverhead Road); then south on CR 31 to Oak Street; then south on Oak Street to Potunk Lane; then west on Stevens Lane; then south on Jessup Avenue (in Westhampton Beach) to Dune Road (CR 89); then due south to international waters.
Subparagraphs 2.30(e)(1)(i) through (iv) are amended to read as follows:
(i) ducks, coot and mergansers
(a) Western Zone
Open for [47] 45 consecutive days beginning on the Tuesday after the third Saturday in October, and for [13] 15 consecutive days beginning on the last Saturday in December [26].
(b) Northeastern Zone
Open for 9 consecutive days beginning on the first Saturday in October, and for 51 consecutive days beginning on the Wednesday following the third Saturday in October.
(c) Lake Champlain Zone
Open for [9] 5 consecutive days beginning on the Wednesday after the first Saturday in October, and for [51] 55 consecutive days beginning on [the Wednesday following] the [third] fourth Saturday in October.
(d) Southeastern Zone
Open for 9 consecutive days beginning on the second Saturday in October, and for 51 consecutive days beginning on the second Saturday in November.
(e) Long Island Zone
Open for [5 consecutive days beginning on the Wednesday just prior to Thanksgiving Day, and for 55] 60 consecutive days ending on the last Sunday in January.
(ii) Canada geese, cackling geese, and white-fronted geese
(a) Lake Champlain Goose Hunting Area
Open for 45 consecutive days beginning on the first Saturday after October 19.
(b) Northeast Goose Hunting Area
Open for 45 consecutive days beginning on the fourth Saturday in October.
(c) West Central Goose Hunting Area
Open for 30 consecutive days beginning on the first Saturday in November, and for 15 consecutive days beginning on December 26.
(d) East Central Goose Hunting Area
Open for [21] 30 consecutive days beginning on the [fourth] first Saturday in [October] November, and for [24] 15 consecutive days beginning on the [fourth] last Saturday in [November] December.
(e) Hudson Valley Goose Hunting Area
Open for 21 consecutive days beginning on the fourth Saturday in October, and for 24 consecutive days beginning on the [first] third Saturday in December.
(f) South Goose Hunting Area
Open for [50] 51 consecutive days beginning on the fourth Saturday in October, and for [20] 19 consecutive days beginning on December 26, and from March 1 through March 10.
(g) Western Long Island Goose Hunting Area
Open the same 60 days as the regular duck season in the Long Island Zone, and for 10 consecutive days immediately following the regular duck season.
(h) Eastern Long Island Goose Hunting Area
Open the same 60 days as the regular duck season in the Long Island Zone.
(iii) snow geese and Ross' geese
(a) Western Zone
Open for [85] 34 consecutive days beginning on the [fourth] first Saturday in [October] November, and for [22] 73 days ending on March 10.
(b) Northeastern Zone
Open for [85] 66 consecutive days beginning on the first Saturday in October, and for [22] 41 days ending on March 10.
(c) Lake Champlain Zone
Open for [84] 81 consecutive days beginning on the Wednesday after the first Saturday in October.
(d) Southeastern Zone
Open for 85 consecutive days beginning on the fourth Saturday in October, and for 22 days ending on March 10.
(e) Long Island Zone
Open for 107 consecutive days beginning on [the first day of the regular duck season in the Long Island Zone] November 1.
(iv) brant
(a) Western Zone
Open for [the first 30] 50 consecutive days [of the regular duck season in the Western Zone] beginning on October 1.
(b) Northeastern Zone
Open for [the first 30] 50 consecutive days beginning on the first day of the regular duck season in the Northeastern Zone.
(c) Lake Champlain Zone
Open for [30] 50 consecutive days beginning on the first day of the regular duck season in the Lake Champlain Zone.
(d) Southeastern Zone
Open for the first [30] 50 days of the regular duck season in the Southeastern Zone.
(e) Long Island Zone
Open for [the first 5 days, and] the last [25] 50 days of the regular duck season in the Long Island Zone.
Subparagraph 2.30(e)(2)(iii) is amended to read as follows:
(iii) Hunters may take Canada geese in the Special Late Canada Goose Hunting Area from February [8th] 7th through February [15th] 14th.
Subparagraph 2.30(e)(2)(v) is amended to read as follows:
(v) Youth Waterfowl Hunt Days are as follows:
(a) Western Zone
Saturday and Sunday [and Monday] of the [Columbus Day] second full weekend in October.
(b) Northeastern Zone
Saturday and Sunday of the [last] fourth full weekend in September.
(c) Lake Champlain Zone
Saturday and Sunday of the last full weekend in September.
(d) Southeastern Zone
Saturday and Sunday of the [last] fourth full weekend in September.
(e) Long Island Zone
Saturday and Sunday of the second full weekend in November.
Subparagraph 2.30(g)(3)(i) is amended to read as follows:
Species
Times and/or places within seasons
Daily bag limit
Possession limit
(i) ducks
All times and places
6*
12
* The daily bag limit for ducks includes mergansers, and may include no harlequin ducks and no more than 4 mallards (no more than 2 hens), 1 black duck, 2 wood ducks, 1 pintail, [1] 2 canvasbacks, 2 redheads, 2 scaup, 4 scoters or 2 hooded mergansers. Possession limits for all duck species are twice the daily limit.
This notice is intended
to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire December 19, 2007.
Text of rule and any required statements and analyses may be obtained from:
Bryan L. Swift, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233, (518) 402-8866, e-mail: blswift@gw.dec.state.ny.us
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Additional matter required by statute:
A programmatic environmental impact statement has been prepared and is on file with the Department of Environmental Conservation.
Regulatory Impact Statement
1. Statutory Authority
Section 11-0303 of the Environmental Conservation Law (ECL) authorizes the Department of Environmental Conservation (DEC) to provide for the recreational harvest of wildlife giving due consideration to ecological factors, the natural maintenance of wildlife, public safety, and the protection of private property. ECL Sections 11-0307, 11-0903, 11-0905 and 11-0909 and 11-0917 authorize DEC to regulate the taking, possession, transportation and disposition of migratory game birds.
2. Legislative Objectives
The legislative objective of the above-cited laws is to ensure adoption of state migratory game bird hunting regulations that conform with federal regulations made under authority of the Migratory Bird Treaty Act (16 U.S.C. §§ 703-711). Season dates and bag limits are used to achieve harvest objectives and equitably distribute hunting opportunity among as many hunters as possible. Regulations governing the manner of taking upgrade the quality of recreational activity, provide for a variety of harvest techniques, afford migratory game bird populations with additional protection, provide for public safety and protect private property.
3. Needs and Benefits
The primary purpose of this rulemaking is to adjust annual migratory game bird hunting regulations to conform with federal regulations, as required by ECL 11-0307, for the 2007-2008 season and flyway guidelines for resource conservation. This rulemaking also reflects preferences of migratory game bird hunters in New York.
Migratory game bird population levels fluctuate annually in response to a variety of environmental factors, including weather conditions, predation, and human activities, such as land use changes and harvest. As a result, federal regulations pertaining to hunting of migratory birds are reviewed and adjusted annually. The Department annually reviews and promulgates state regulations in order to maintain conformance with federal regulations, as required by Environmental Conservation Law Section 11-0307, and to address ecological considerations and user desires.
The Department is proposing the following regulatory changes: changes to the delineation of goose hunting area boundaries for Canada geese during regular goose seasons on Long Island; season date adjustments for ducks, geese, brant and Youth Waterfowl Hunt Days in all areas; and an increase in the daily bag and possession limits for canvasback ducks.
Changes to Canada goose hunting areas will provide for more effective management of resident (local-nesting) and migrant populations that occur in New York.
Season date adjustments contained in this rulemaking are intended to maximize hunting opportunities when they are most desired by hunters (for example, maximizing the number of weekend days open to hunting), within constraints established by the U.S. Fish and Wildlife Service (USFWS).
An increase in the daily bag and possession limits for canvasbacks was allowed by USFWS this year due to a record high population estimate for this species in North America in spring 2007.
Season dates, bag limits and shooting hours for the Lake Champlain Zone are consistent with regulations established in adjoining areas of Vermont, in accordance with federal regulations and a long standing interstate agreement.
4. Costs
These revisions to 6 NYCRR 2.30 will not result in any increased expenditures by state or local governments or the general public. Costs to DEC for implementing and administering this rule are continuing and annual in nature. These involve preparation and distribution of annual regulations brochures and news releases to inform the public of migratory game bird hunting regulations for the coming season.
5. Paperwork
The proposed revisions to 6 NYCRR 2.30 do not require any new or additional paperwork from any regulated party.
6. Local Government Mandates
This amendment does not impose any program, service, duty or responsibility upon any county, city, town village, school district or fire district.
7. Duplication
Each year, the USFWS establishes “framework” regulations which specify allowable season lengths, dates, bag limits and shooting hours for various migratory game bird species based on their current population status. Within constraints of the federal framework, New York selects specific hunting season dates and bag limits for various migratory game birds, based primarily on hunter preferences. These selections are subsequently included in a final federal rule making (50 CFR Part 20 Section 105), which appears annually in the Federal Register in September. However, Section 11-0307 of the ECL specifies that the Department's migratory game bird hunting seasons and bag limits conform with the federal regulations. This requires that Section 2.30 be amended annually.
8. Alternatives
The principal alternative, which is no action, would result in state waterfowl hunting regulations that do not conform with federal guidelines which would be in conflict with ECL 11-0307. Leaving season dates and bag limits unchanged would also result in a significant loss of hunting opportunity, public dissatisfaction, and adverse economic impacts because they would not reflect hunter preferences or alleviate goose damage through sport harvest to the extent possible.
9. Federal Standards
There are no federal environmental standards or criteria relevant to the subject matter of this rulemaking. However, there are federal regulations for migratory game birds. This rulemaking will conform state regulations to federal regulations, but will not establish any environmental standards or criteria.
10. Compliance Schedule
All waterfowl hunters must comply with this rulemaking during the 2007–2008 and subsequent hunting seasons.
Regulatory Flexibility Analysis
The purpose of this rulemaking is to amend migratory game bird hunting regulations. This rule will not impose any reporting, recordkeeping, or other compliance requirements on small businesses or local government. Therefore, a Regulatory Flexibility Analysis is not required.
All reporting or recordkeeping requirements associated with migratory bird hunting are administered by the New York State Department of Environmental Conservation (Department) or the U.S. Fish and Wildlife Service (USFWS). Small businesses may, and town or village clerks do, sell hunting licenses, but this rule does not affect that activity. Thus, there will be no effect on reporting or recordkeeping requirements imposed on those entities.
Based on the Department's past experience in promulgating regulations of this nature, and based on the professional judgement of Department staff, the Department has determined that this rulemaking may slightly increase the number of participants or the frequency of participation in migratory game bird hunting, especially for Canada geese and canvasback ducks. Some small businesses currently benefit from migratory bird hunting because migratory bird hunters spend money on goods and services, and thus an increase in hunter participation should lead to positive economic impacts on such businesses.
Additional hunting activity will not require any new or additional reporting or recordkeeping by any small businesses or local governments. For these reasons, the Department has concluded that this rulemaking does not require a Regulatory Flexibility Analysis.
Rural Area Flexibility Analysis
The purpose of this rulemaking is to amend migratory game bird hunting regulations. This rule will not impose any reporting, recordkeeping, or other compliance requirements on public or private entities in rural areas, other than individual hunters. Therefore, a Rural Area Flexibility Analysis is not required.
All reporting or recordkeeping requirements associated with hunting are administered by the New York State Department of Environmental Conservation (Department) or the U.S. Fish and Wildlife Service (USFWS). Small businesses may, and town or village clerks do, issue hunting licenses, but this rulemaking does not affect that activity.
Based on the Department's past experience in promulgating regulations of this nature, and based on the professional judgement of Department staff, the Department has determined that this rulemaking may slightly increase the number of participants or the frequency of participation in migratory game bird hunting, especially for Canada geese and canvasback ducks. Rural areas benefit when migratory bird hunters spend money on goods and services.
Additional hunting activity will not require any new or additional reporting or recordkeeping by entities in rural areas, and no professional services will be needed for people living in rural areas to comply with the proposed rule. Furthermore, this rulemaking is not expected to have any adverse impacts on any public or private interests in rural areas of New York State. For these reasons, the Department has concluded that this rulemaking does not require a Rural Area Flexibility Analysis.
Job Impact Statement
The purpose of this rulemaking is to amend migratory game bird hunting regulations. The Department of Environmental Conservation (Department) has historically made regular revisions to its migratory game bird hunting regulations. Based on the Department's experience in promulgating those revisions and the familiarity of regional Department staff with the specific areas of the state impacted by this proposed rulemaking, the Department has determined that this rulemaking will not have a substantial adverse impact on jobs and employment opportunities. Few, if any, persons actually hunt migratory game birds as a means of employment. Moreover, this rulemaking is not expected to significantly change the number of participants or the frequency of participation in the regulated activities. In fact, this rulemaking may slightly increase the number of participants or the frequency of participation in migratory game bird hunting, especially for Canada geese and canvasback ducks.
For these reasons, the Department anticipates that this rulemaking will have no impact on jobs and employment opportunities. Therefore, the Department has concluded that a job impact statement is not required.
