11/17/10 N.Y. St. Reg. ENV-33-10-00005-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of sections 2.30 and 180.10 of Title 6 NYCRR.
Statutory authority:
Environmental Conservation Law, sections 11-0303, 11-0307, 11-0903, 11-0905, 11-0909, 11-0911 and 11-0917
Subject:
Migratory game bird hunting, and game harvest reporting.
Purpose:
To conform migratory game bird hunting regulations to recent changes in law, and to update game harvest reporting regulations.
Text or summary was published
in the August 18, 2010 issue of the Register, I.D. No. ENV-33-10-00005-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Bryan L. Swift, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233, (518) 402-8866, email:
wildliferegs@gw.dec.state.ny.usAdditional matter required by statute:
A programmatic environmental impact statement is on file with the Department of Environmental Conservation.
Assessment of Public Comment
The department received written comments from more than two dozen individuals on the proposed changes to 6 NYCRR section 180.10 – Game Harvest Reporting. All but two of the comments were in support of extending the game harvest reporting requirement from 48 hours to 7 days.
The two opposed to the change cited concerns that this would make it easier for a hunter to illegally take deer and it would make it more difficult for law enforcement to prosecute hunters for failure to report a deer legally taken. However, both agreed with the need to allow more flexibility with reporting for hunters who do not have ready access to a telephone or internet for more than 48 hours. We considered these concerns but believe that the justification for our original proposal (improving overall game harvest reporting by allowing more time) outweighed these concerns. It is not clear to us how the time frame for reporting is related to the likelihood of deer being taken illegally, and we believe that a longer reporting period will not compromise enforcement of non-reporting or illegal game harvest.
No other public comments were received on proposed changes to section 180.10 or section 2.30.
