ENV-46-14-00002-A To Amend Part 189 Related to the Discovery of Chronic Wasting Disease in Deer in Ohio

2/11/15 N.Y. St. Reg. ENV-46-14-00002-A

NEW YORK STATE REGISTER

VOLUME XXXVII, ISSUE 6

February 11, 2015

RULE MAKING ACTIVITIES

DEPARTMENT OF ENVIRONMENTAL CONSERVATION

NOTICE OF ADOPTION

 

I.D No. ENV-46-14-00002-A

Filing No. 54

Filing Date. Jan. 22, 2015

Effective Date. Feb. 11, 2015

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

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:

To amend Part 189 related to the discovery of chronic wasting disease in deer in Ohio.

Purpose:

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

Text or summary was published

in the November 19, 2014 issue of the Register, I.D. No. ENV-46-14-00002-EP.

Final rule as compared with last published rule:

No changes.

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

Patrick P. Martin, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-4754, [phone], email: [e-mail]

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 wild white-tailed deer and moose populations 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, Ohio will be dropped from the list of states that are exempt from the importation requirement to remove certain parts of the carcass known to harbor the CWD infectious material. All CWD positive states are subject to the same importation requirements. Although this will impact New York residents who may hunt in Ohio and plan to return to New York with field dressed carcasses of the deer, elk or moose they harvested in Ohio, it is anticipated that this will affect relatively few hunters and, with advanced planning, hunters can easily comply with these regulations without losing the opportunity to hunt in Ohio or without the ability to bring back the meat of the animal they harvested.

No local governments will be affected by this rule.

2. Compliance Requirements:

Resident hunters who harvest a deer in Ohio will be required to remove specific parts from the animal taken in Ohio before bringing it back 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:

Successful hunters in Ohio will be required to either pay for the processing of their harvested deer before returning to the State or process the harvested deer themselves. 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 effect 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:

CWD has been confirmed in a number of states and measures to prevent the movement of the disease are in place in all states that have wild CWD susceptible cervids. The affected public (deer, elk and moose hunters) are aware of the CWD restrictions and have accepted them 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 amend regulations in response to new data or findings to ensure that the best prevention measures are in place to protect the wild deer herd.

7. Small Business and Local Government Participation:

When CWD was first confirmed in New York in 2005, the department held public meetings to explain the nature of the disease, the threat that CWD posed to the wild deer herd and the department’s initial response. Since early April 2005, the department has issued press releases and posted CWD information to the department’s website to continue to inform the public of developments and findings relative to the department’s CWD surveillance program. Similarly, as the department establishes appropriate and necessary regulations to prevent the disease from entering New York, 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 CWD would have on the health of New York’s wild deer herd and moose population. Immediate compliance with this rule is necessary to prevent the introduction of this disease into New York State from Ohio. 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.

Initial Review of Rule

As a rule that does not require a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2020, which is no later than the 5th year after the year in which this rule is being adopted.

Assessment of Public Comment

The agency received no public comment.