ENV-07-13-00003-EP Special Snow Goose Harvest Program

2/13/13 N.Y. St. Reg. ENV-07-13-00003-EP

NEW YORK STATE REGISTER

VOLUME XXXV, ISSUE 07

February 13, 2013

RULE MAKING ACTIVITIES

DEPARTMENT OF ENVIRONMENTAL CONSERVATION

EMERGENCY/PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. ENV-07-13-00003-EP

Filing No. 79

Filing Date. Jan. 23, 2013

Effective Date. Jan. 23, 2013

Special Snow Goose Harvest Program

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

Proposed Action:

Amendment of section 2.30 of Title 6 NYCRR.

Statutory authority:

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

Finding of necessity for emergency rule:

Preservation of general welfare.

Specific reasons underlying the finding of necessity:

This rulemaking is necessary to fully implement a special snow goose harvest program in upstate New York to help reduce environmental damage caused by an overabundance of these birds in eastern North America, in conformance with federal regulations and flyway guidelines for resource conservation. Regulations for the special snow goose harvest program were not published in the Federal Register as expected, resulting in conflicting information and confusion among the hunting public. Consequently, the expanded special program needs to be specifically adopted and retained in state regulations.

The promulgation of this regulation on an emergency basis is necessary because the normal rulemaking process would not be completed in time to cover an important time period (January 16-March 10) when snow geese may occur in New York and previously announced season dates were expected to be in effect as a result of federal action. This would result in lost opportunity to harvest these overabundant birds, public confusion, and complicate or undermine law enforcement activities by the department.

Subject:

Special Snow Goose Harvest Program.

Purpose:

Revise regulations governing hunting of Snow Geese in New York.

Text of emergency/proposed rule:

Title 6 of NYCRR, Section 2.30, entitled "Migratory game birds," is amended as follows:

Amend existing paragraph 2.30(b)(2) to read:

(2) with a shotgun of any description capable of holding more than three shells, unless it is plugged with a one-piece filler, incapable of removal without disassembling the gun, so its total capacity does not exceed three shells, except that this prohibition shall not apply to the taking of crows or to the taking of snow geese or Ross’ geese [during the special snow goose harvest program described in subparagraph 2.30 (e)(2)(vii)] in any area or zone when all other waterfowl hunting seasons are closed;

Amend existing paragraph 2.30(b)(7) to read:

(7) by the use or aid of recorded or electrically amplified bird calls or sounds, or recorded or electrically amplified imitations of bird calls or sounds, except that this prohibition shall not apply to the taking of crows or to the taking of snow geese or Ross’ geese [during the special snow goose harvest program described in subparagraph 2.30 (e)(2)(vii)] in any area or zone when all other waterfowl hunting seasons are closed;

Amend existing subparagraph 2.30(e)(1)(ii) to read:

(ii) Special Snow Goose Harvest Program. Any person who has migratory game bird hunting privileges in New York, including a valid Harvest Information Program (HIP) confirmation number, may take "light geese" (snow geese and Ross' geese) in the Western, Northeastern, Southeastern, and Lake Champlain Zones from [March 11] January 16 through April 15 annually, in addition to seasons published annually in the Federal Register. All migratory game bird hunting regulations and requirements shall apply to the taking of snow geese or Ross' geese during this period, except that use of recorded or electrically amplified calls or sounds is allowed and use of shotguns capable of holding more than three shells is allowed. Any person who participates in the special snow goose harvest program must provide accurate and timely information on their activity and harvest upon request from the department.

Adopt new paragraph 2.30(f)(2) to read:

(2) snow geese and Ross’ geese may be taken from one-half hour before sunrise to one-half hour after sunset during the Special Snow Goose Harvest Program.

Amend subparagraph 2.30(g)(3)(ii) to read:

(ii) Daily bag and possession limits for "light geese" are aggregate daily bag and possession limits for snow geese and Ross' geese in all areas. Daily bag and possession limits during the Special Snow Goose Harvest Program are the same as those published annually in the Federal Register by the U.S. Department of the Interior for regular snow goose hunting seasons.

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 April 22, 2013.

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, [phone], email: [e-mail]

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) authorizes the Department of Environmental Conservation (DEC or department) 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. Environmental Conservation Law sections 11-0303, 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. ECL section 11-0307 was amended in May 2010 to specify that open seasons and bag limits for migratory game birds shall be those published annually in the Federal Register by the U.S. Department of the Interior, unless DEC adopts regulations pursuant to provisions of the ECL. However, the special snow goose harvest program regulations are not published annually in the Federal Register, so they must be maintained in 6 NYCRR.

2. Legislative Objectives

The legislative objective of the above-cited laws is to ensure adoption of State migratory game bird harvest regulations that conform with Federal regulations made under authority of the Migratory Bird Treaty Act (16 U.S.C. sections 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

This rulemaking will modify regulations pertaining to the special snow goose harvest program in New York. This program was established here and in many other states in 2008, to increase harvest of snow geese (Chen caerulescens) and help reduce environmental damage caused by the overabundance of these birds in eastern North America.

Snow geese are an arctic breeding goose species that reached record high population levels in North America in recent years. The numbers of snow geese counted annually in eastern North America increased from approximately 25,400 birds in 1965 to 1,019,000 birds in 2007. The population growth rate during 1965–2007 was 8% per year, which if sustained would have resulted in a population over 2 million by 2015, and nearly 3 million by 2020. The Atlantic Flyway Council population objective, as well as the North American Waterfowl Management Plan (NAWMP) spring population goal, for greater snow geese is only 500,000 birds.

Wildlife agencies, ecologists and environmental organizations are all concerned about the impacts that overabundant snow geese are having on arctic ecosystems, coastal wetlands, and agricultural crops. Snow geese are voracious herbivores, and their feeding activities have damaged thousands of acres of coastal wetlands on both the breeding grounds and wintering areas used by these birds.

In response to these concerns, wildlife managers and scientists in the U.S. and Canada have recommended that the snow goose population in eastern North America be reduced to 500,000 birds. To accomplish this, regular season hunting regulations have been liberalized to the maximum extent allowed under the Migratory Bird Treaty Act. In addition, the U.S. Fish and Wildlife Service (USFWS) adopted a “conservation order” in 2008 allowing states in the Atlantic Flyway to implement special snow goose harvest programs in addition to regular hunting seasons. Wildlife agencies in New York, New Jersey, Pennsylvania, Vermont, Connecticut, Maryland, Delaware, and Virginia have all implemented such special snow goose harvest programs. Goals of the Conservation Order were to increase the interest and effectiveness of recreational snow goose hunters, and allow additional hunting periods and techniques distinct from traditional recreational hunting.

Regular season hunting regulations for snow geese have been liberalized to the maximum allowed under the Migratory Bird Treaty Act in both the U.S. and Canada. Seasons now run for 107 days with a daily bag limit of 25 birds per day, but those seasons must close on or before March 10 annually. Special snow goose harvest programs have been established in New York and many other states since 2008, and those seasons can allow harvest whenever the birds occur in an area (as determined by each state), and allow the use of special measures such as electronic calls, “unplugged” shotguns capable of holding more than 3 shells, and extended shooting hours (to one-half hour after sunset).

In New York, the special snow goose harvest program currently consists of a spring season, from March 11 through April 15, in addition to the 107-day regular hunting season that is allowed anytime between October 1 and March 10. The bag limit is 25 snow geese per day, and hunters are allowed to use electronic calls and “unplugged” guns (shotguns capable of holding more than 3 shells) during the special harvest program only.

Collectively, the special harvest programs implemented to date have stabilized, but not reduced, the snow goose population. The 2012 population estimate of 1,005,000 greater snow geese was similar to 2007, but still double the AFC and NAWMP goals. Additional harvest is needed to reduce the population, and all Atlantic Flyway states have been encouraged to expand their special harvest programs in any way possible.

The Department proposes to reconfigure its regular hunting season and special harvest program to maximize the opportunity for hunters to take snow geese in New York. Regular hunting seasons would occur from October 1 through January 15, which is the maximum 107 days allowed by federal regulations. With the proposed amendments, the special snow goose harvest program would begin immediately after, on January 16, and continue through April 15 (same closing date as before), after which few if any snow geese remain in New York. Throughout the regular and special seasons, bag limits would be the maximum allowed by the USFWS during the regular season (currently 25 per day, no possession limit), and hunters would be allowed to use electronic calls and unplugged guns in any area or zone whenever no other migratory bird hunting seasons are open. Extended shooting hours (until one-half hour after sunset) would be allowed for snow geese only during the special snow goose harvest program period. The specific regulations proposed herein conform to all applicable requirements and constraints established by the USFWS.

The collective benefit of these changes is to maximize hunter harvest of snow geese to help limit or reduce snow goose populations as quickly as possible. By allowing snow geese to be taken throughout upstate New York from October 1 through April 15, with a uniform bag limit of 25 snow geese per day, regulations will be simplified and hunters will have almost unlimited opportunity to harvest these birds. Any additional harvest, along with what occurs in other states and Canada, will help restore balance to snow geese and the ecosystems they occupy.

Special snow goose harvest programs in the Atlantic Flyway have resulted in additional harvest of nearly 40,000 snow geese per year during 2009-2012, with about 7,000 of that occurring in New York. Regular season harvests of snow geese in New York during the same period (2008-2011) averaged only 4,000 birds per year, so the additional harvest during the special season has been significant. This rulemaking proposal would expand the times when hunters could take snow geese in New York, which could increase harvest by 1,000 or more birds per year. Most of the harvest occurs in areas with extensive agricultural lands and large open water roosting areas, such as the Finger Lakes, St. Lawrence Valley, and Champlain Valley regions. The special program does not include Long Island because relatively few snow geese occur in that region of the state.

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.

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

The federal “Conservation Order” authorizes special snow goose harvest programs in New York and other states. Within constraints of that Conservation Order, New York prescribes harvest regulations that participants must comply with in order to participate in the special snow goose harvest program. Unlike traditional migratory game bird hunting regulations, the USFWS does not publish regulations selected by each state for its special snow goose harvest program. Therefore, this amendment is necessary to more fully implement the snow goose Conservation Order, and there is no duplication of federal and State regulations.

8. Alternatives

The principal alternative would be to not expand the special snow goose harvest program in New York. This would be contrary to the recommendations of federal agencies, flyway councils, and scientific panels that have documented the environmental impacts of snow geese and called for collective efforts to reduce the population. Recent evaluations suggest that the special programs implemented to date have increased harvest to some extent, but additional harvest is needed.

Another alternative would be to discontinue the special snow goose harvest program, which would reduce harvest of these birds in New York, and result in a higher population growth rate. This would undermine the collective efforts of waterfowl managers throughout the Atlantic Flyway, and increase the potential ecological and agricultural impacts of greater snow geese in eastern North America.

9. Federal Standards

There are no federal environmental standards or criteria relevant to the subject matter of this rule making. However, there are federal regulations for migratory game birds. This rule making 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 rule making upon its effective date and during all subsequent hunting seasons.

Regulatory Flexibility Analysis

The purpose of this rule making 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 record-keeping requirements associated with migratory game bird hunting are administered by the New York State Department of Environmental Conservation (department) or the U.S. Fish and Wildlife Service. No reporting or recordkeeping requirements are being imposed on small businesses or local governments.

The hunting activity resulting from this rule making 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 rule making does not require a Regulatory Flexibility Analysis.

Rural Area Flexibility Analysis

The purpose of this rule making is to amend migratory game bird hunting regulations. This rule will not impose any reporting, recordkeeping, or other compliance requirements on rural communities. Therefore, a Rural Area Flexibility Analysis is not required.

All reporting or record-keeping requirements associated with migratory game bird hunting are administered by the New York State Department of Environmental Conservation (department) or the U.S. Fish and Wildlife Service. No reporting or recordkeeping requirements are being imposed on rural areas.

The hunting activity associated with this rule making does 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 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 migratory game bird hunting regulations. Based on the department’s experience in promulgating prior revisions to hunting regulations, 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 hunt migratory game birds as a means of employment. Moreover, this rule making is not expected to significantly change the number of participants or the frequency of participation in the regulated activities.

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.