PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of section 1.40 of Title 6 NYCRR.
Statutory authority:
Environmental Conservation Law, sections 11-0303, 11-0903 and 11-0905
Subject:
Hunting wild turkey.
Purpose:
To establish a spring youth turkey hunting season on Long Island that coincides with the youth turkey hunt in upstate NY.
Text of proposed rule:
Title 6 of NYCRR, section 1.40, entitled "Hunting wild turkey," is amended as follows:
Amend existing subparagraph 1.40 (c) (3) (i) to read as follows:
(3) Spring youth hunt. (i) Season. There shall be a [S]spring youth hunt for wild turkey. Eligible participants shall be those persons 12 through 15 years old holding a turkey permit and junior hunting license, or persons 12 through 15 years old holding a turkey permit but not required to have a hunting license pursuant to section 11-0707 of the Environmental Conservation Law. The youth hunt shall be open in Suffolk County (Wildlife Management Unit 1C) and all areas of the State in which a [S]spring turkey hunting season is held pursuant to paragraph 2 of this subdivision, and the dates of the youth hunt shall be as follows:
(a) During years in which May 1st is a Thursday, Friday, Saturday or Sunday, the [S]spring youth hunt shall be the last full weekend (Saturday and Sunday) of April.
(b) During years in which May 1st is a Monday, Tuesday, or Wednesday, the [S]spring youth hunt shall be the next to last full weekend of April.
Text of proposed rule and any required statements and analyses may be obtained from:
Michael V. Schiavone, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233, (518) 402-8886, email: wildliferegs@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 is on file with the Department of Environmental Conservation.
This action was not under consideration at the time this agency's regulatory agenda was submitted.
Regulatory Impact Statement
1. Statutory Authority
Section 11-0303 of the Environmental Conservation Law (ECL) directs the Department of Environmental Conservation (DEC or department) to develop and carry out programs that will maintain desirable species in ecological balance, and to observe sound management practices. This directive is to be met with regard to: ecological factors, the compatibility of production and harvest of wildlife with other land uses, the importance of wildlife for recreational purposes, public safety, and protection of private premises. ECL sections 11-0903 and 11-0905 provides for the establishment of hunting regulations for wild turkey.
2. Legislative Objectives
The legislative objectives behind the statutory provisions listed above are to authorize the department to establish, by regulation, certain basic wildlife management tools, including the setting of open areas for hunting wild turkey. These tools are used by the department in recognition of the importance of wild turkey hunting for recreational purposes.
3. Needs and Benefits
The Division of Fish, Wildlife and Marine Resources proposes to establish a two-day spring youth hunting season for wild turkey in Suffolk County (Wildlife Management Unit 1C) to provide new outdoor recreational opportunities for junior hunters (ages 12-15).
Upstate New York (north of the Bronx-Westchester County boundary) has had a special two-day youth turkey hunt prior to the start of the regular spring season since 2004. Each year, about 9,000 junior hunters harvest around 1,500 birds during the youth hunt weekend. Long Island hunters enjoyed their first regular fall turkey hunting season in November 2009, and that season was successfully implemented without incident. We estimate that 668 hunters of all ages participated in the fall 2009 season, spent 1,728 combined days afield (about 2.6 days effort per hunter) and harvested 102 birds, about 60 percent of which were toms. There were no hunting-related shooting incidents during the five-day fall season. Many of those hunters have expressed support for a spring season as well, and representatives of the New York State Conservation Council and the Suffolk Alliance of Sportsmen have requested that additional opportunities for junior hunters be established on Long Island.
Long Island's wild turkey population is a relatively recent phenomenon, but it is secure enough to sustain a limited harvest. In the early 1990s, with strong public support, DEC staff trapped approximately 75 wild turkeys in upstate New York and released those birds at three locations in Suffolk County. The Long Island population is now estimated at more than 3,000 birds and growing. Turkeys are a common sight at many locations in Suffolk County, attracting the interest of local hunters and non-hunters alike. In some localities, turkeys have become a nuisance or caused property damage, and we expect these problems to increase in the future in both suburban and agricultural areas. Hunting can help control population growth and may help prevent or provide relief from some of these problems.
This proposal would provide an important opportunity for junior hunters and their adult mentors on Long Island to engage in the sustainable use of the wild turkey resource. Wild turkey populations are very resilient, and we are confident that a special youth season will have little or no impact on long-term turkey population status on Long Island. In recent years, other small game hunting opportunities on Long Island have declined as a result of loss of habitat to suburban development and its concomitant impacts on wildlife populations and public access to those populations. Establishing a spring youth turkey season would help offset the loss of these other hunting opportunities.
4. Costs
None beyond normal administrative costs.
5. Paperwork
The proposed revisions do not require any new or additional paperwork from any regulated party.
6. Local Government Mandates
These amendments do not impose any program, service, duty or responsibility upon any county, city, town village, school district or fire district.
7. Duplication
There are no other regulations similar to this proposal.
8. Alternatives
The first alternative is to have no youth turkey hunt in Suffolk County. We could defer opening a spring youth turkey hunting season on Long Island indefinitely, but valuable recreational opportunities would be lost. A youth hunt allows junior hunters to spend time afield with experienced adult hunters gaining the necessary knowledge and skills to become safe and responsible members of the hunting community. The goal of the youth hunt is to sustain hunting participation and its associated recreational and wildlife conservation benefits, but the ultimate goal is the passing down of tradition, knowledge, and experiences from one generation to the next, and spending quality time with friends and family outdoors.
The second alternative is to hold a youth hunt earlier or later in the spring. Having the youth hunt on the last weekend in April maximizes hunting opportunity and minimizes conflicts between the hunting and non-hunting public. Most importantly, by holding the youth hunt near the median date for the onset of incubation, hunters are given the greatest amount of opportunity to go afield and harvest a bird while minimizing the risk to nesting hens, causing minimum disruption to breeding behavior, and minimizing the risk of overharvest.
The third alternative is to have a youth turkey hunt during the fall. Providing a special season just for youth hunters allows them to be afield in less crowded conditions and to slowly acclimate to hunting while accompanied and mentored by an experienced adult hunter. A youth hunt during the fall would lose these benefits as there are multiple hunting seasons already open on Long Island at that time. In addition, participation in a fall youth hunt may be negatively impacted by competing demands on the time of adult hunters who are afield in pursuit of other species (e.g., deer). Furthermore, spring turkey hunting involves learning unique skills and techniques to locate and call in birds that are less effective in the fall. Many hunters find the spring turkey experience one of the best ways to connect with nature at any time of the year.
9. Federal Standards
There are no Federal standards associated with turkey hunting.
10. Compliance Schedule
Hunters would have to comply with the new regulations beginning in the spring of 2011, if they are adopted as proposed.
Regulatory Flexibility Analysis
The purpose of this rule making is to amend wild turkey hunting regulations to establish a two-day spring youth turkey hunting season in Suffolk County that coincides with the existing youth turkey hunt in upstate New York. This rule will not impose any reporting, record-keeping, or other compliance requirements on small businesses or local government. Therefore, a Regulatory Flexibility Analysis is not required.
All reporting or record keeping requirements associated with wild turkey hunting are administered by the New York State Department of Environmental Conservation (department). 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 record keeping requirements imposed on those entities.
Based on the department's past experience in promulgating regulations of this nature, and based on the professional judgment of department staff, the department has determined that this rule making may slightly increase the number of participants or the frequency of participation in wild turkey hunting, particularly in Suffolk County. Some small businesses currently benefit from turkey hunting because 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 record-keeping by any small businesses or local governments. For these reasons, the department has concluded that this rule making does not require a Regulatory Flexibility Analysis.
Rural Area Flexibility Analysis
The purpose of this rule making is to amend wild turkey hunting regulations to establish a two-day spring youth turkey hunting season in Suffolk County that coincides with the existing youth turkey hunt in upstate New York. This rule will not impose any reporting, record-keeping, or other compliance requirements on public or private entities in rural areas, other than individual hunters.
All reporting or record keeping requirements associated with turkey hunting are administered by the New York State Department of Environmental Conservation. Small businesses may, and town or village clerks do, issue hunting licenses, but this rule making does not affect that activity.
Additional hunting activity will not require any new or additional reporting or record-keeping 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 rule making 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 rule making does not require a Rural Area Flexibility Analysis.
Job Impact Statement
The purpose of this rule making is to amend wild turkey hunting regulations. The New York State Department of Environmental Conservation (DEC or department) has historically made regular revisions to its wild turkey hunting regulations. Based on DEC's experience in promulgating those revisions and the familiarity of regional department staff with the specific areas of the State impacted by this proposed rule making, the department has determined that this rule making will not have a substantial adverse impact on jobs and employment opportunities. Few, if any, persons actually use the hunting of wild turkeys as a means of employment, but some licensed hunting guides benefit from turkey hunting by taking clients on hunting trips. This rule making could enhance this activity. Moreover, this rule making is not expected to significantly change the number of participants or the frequency of participation in the regulated activities. In fact, this rule making may slightly increase the number of participants or the frequency of participation in wild turkey hunting, particularly in Suffolk County.
For these reasons, the department anticipates that this rule making will have no impact on jobs and employment opportunities. Therefore, the department has concluded that a job impact statement is not required.
