ENV-41-07-00004-A Migratory Game Bird Hunting Regulations for the 2007–2008 Season

12/19/07 N.Y. St. Reg. ENV-41-07-00004-A

NEW YORK STATE REGISTER

VOLUME XXIX, ISSUE 51

December 19, 2007

RULE MAKING ACTIVITIES

DEPARTMENT OF ENVIRONMENTAL CONSERVATION

NOTICE OF ADOPTION

 

I.D No. ENV-41-07-00004-A

Filing No. 1312

Filing Date. Dec. 04, 2007

Effective Date. Dec. 19, 2007

Migratory Game Bird Hunting Regulations for the 2007–2008 Season

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

Action taken:

Amendment of section 2.30 of Title 6 NYCRR.

Statutory authority:

Environmental Conservation Law, sections 11-0303, 11-0307, 11-0903, 11-0905, 11-0909 and 11-0917

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 final 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Subparagraph 2.30(d)(6)(viii) is repealed and a new subparagraph (viii) is adopted to read as follows: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 the last Saturday in 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.

Final rule as compared with last published rule:

Nonsubstantive changes were made section 2.30(e)(1).

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

Bryan L. Swift, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4754, [phone], e-mail: [e-mail]

Additional matter required by statute:

A programmatic environmental impact statement has been prepared and is on file the Department of Environmental Conservation.

Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement

Non-substantive changes were made to the text of the final rule as adopted. The final text of the proposed rule corrects a typographical error pertaining to the Canada goose hunting season in the West Central Goose Hunting Area. The original proposal stated that the hunting season would open on December 26th, 2007, but it should have been listed as December 29th, 2007. The final text of the rule that is being adopted contains the December 29th date.

All of the supporting documents for the original proposed rule remain valid and do not need to be amended to address this typographical error. The substance of the rule remains unchanged. Therefore, the Department of Environmental Conservation has determined that it is not necessary to revise the previously published RIS, RFA, RAFA, and JIS.

Assessment of Public Comment

The agency received no public comment.