Home » 2016 Issues » April 27, 2016 » LGP-06-16-00006-A Mandatory Inspection of Trailered Vessels for Aquatic Invasive Species Prior to Launching into the Waters of Lake George Park
LGP-06-16-00006-A Mandatory Inspection of Trailered Vessels for Aquatic Invasive Species Prior to Launching into the Waters of Lake George Park
4/27/16 N.Y. St. Reg. LGP-06-16-00006-A
NEW YORK STATE REGISTER
VOLUME XXXVIII, ISSUE 17
April 27, 2016
RULE MAKING ACTIVITIES
LAKE GEORGE PARK COMMISSION
NOTICE OF ADOPTION
I.D No. LGP-06-16-00006-A
Filing No. 368
Filing Date. Apr. 12, 2016
Effective Date. May. 01, 2016
Mandatory Inspection of Trailered Vessels for Aquatic Invasive Species Prior to Launching into the Waters of Lake George Park
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of Subpart 646-9 of Title 6 NYCRR.
Statutory authority:
Environmental Conservation Law, sections 43-0117(4), 43-0107(8) and (32)
Subject:
Mandatory inspection of trailered vessels for aquatic invasive species prior to launching into the waters of Lake George Park.
Purpose:
To minimize the introduction and spread of aquatic invasive species into the waters of the Lake George Park.
Text or summary was published
in the February 10, 2016 issue of the Register, I.D. No. LGP-06-16-00006-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Dave Wick, Executive Director, Lake George Park Commission, 75 Fort George Road, P.O. Box 749, Lake George, NY 12845, (518) 668-9347, email: dave@lgpc.state.ny.us
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2019, which is no later than the 3rd year after the year in which this rule is being adopted.
Assessment of Public Comment
1. Introduction
The Lake George Park Commission held a public hearing on the proposed Aquatic Invasive Species Prevention Regulations. The Public Hearing was held on March 30 at 4:00 p.m. at the Bolton Town Hall, Bolton Landing, NY. The hearing was attended by Kenneth Parker, James Kneeshaw, William Mason, and Joseph Stanek.
Comment #1:
Mark Miller and John Salvador, Jr. asked about the cost to include Trout Lake into the program. Mr. Miller spoke about the on-going Trout Lake survey work as well as Trout Lake boat registrations.
Mr. Miller also questioned the language of the proposed launch agreements and wondered whether the seals for Trout Lake boats would be different than those for Lake George boats.
Response: The cost of including Trout Lake is very minimal. The only cost incurred is the cost of tags, administration costs for processing launch agreements and compliance. Commission staff estimated the cost of tags to be approximately $200-$300. The Commission will work with launch owners to find the most efficient manner to secure their launches. The Commission intends to use a different color seal for Trout Lake boats to distinguish them from boats entering Lake George.
Comment #2:
Mayor Robert Blais said that he and all the members of the SAVE group are in favor of the program and are willing to commit to three (3) years of funding – which is the law’s limit. He said it is now up to the State.
Mayor Blais also noted that the users of the lake are in favor of protecting this most valuable resource with a 96% approval rating. Its proven prevention and is much more cost effective than eradicating something that gets into the lake.
Mayor Blais said that he would like to see the program extended based on the weather patterns, etc. If that happens, they are also ready to fund that as well.
Response: These comments were noted by the Commission and the Commission extended its great appreciation to Village of Lake George and the other municipalities and nonprofit organizations around Lake George in working to protect Lake George from new aquatic invasive species.
Comment #3:
David Hartmann thanked the Commission for the presentation. He questioned whether there were specific goals of the program and how the Commission would measure success against those goals. He also questioned the negative impacts that the regulations may present such as the limited access to the lake due to closure of launches. He questioned whether the Commission would monitor the program for costs and determine whether the costs of the program would be better spent on an alternative program such as the voluntary steward program the preceded these regulations.
Response: The specific goal of the regulations is to minimize the introduction of aquatic invasive species into the waters of the Lake George Park. The Commission measures the immediate success of the program by maintaining records of the inspection and, if necessary, the decontamination of boats entering Lake George. During the pilot program, the Commission documented more than 300 boats with known invasive species which were decontaminated prior to launching into Lake George.
The Commission has considered alternatives to these regulations which are documented in the Regulatory Impact Statement. These include an enhanced steward program, a voluntary certification program, and taking no action. The Commission determined that the mandatory boat inspection and decontamination program was the most effective and efficient way to prevent the introduction of aquatic invasive species into Lake George. The Commission has streamlined the program to save costs and will continue to monitor the program to keep it efficient and effective.
The public launches at Roger’s Rock, Mossy Point and Million Dollar Beach are owned by the Department of Environmental Conservation. Mossy Point and Million Dollar Beach are opened year round at all hours. The Commission operates a drop box system during off-hours allowing boaters to remove their own Vessel Inspection Seal and drop it in the box to show compliance. During the two year pilot program, the Commission did not receive any complaints about access. The Commission’s records indicate that very few boats were launched during off-hours when no inspection station was open. In addition, the Commission works with fishing groups to provide extended inspection station hours during large events.
Comment #4:
Walt Lender, Executive Director of the Lake George Association, said that the LGA is very supportive of this program. He said that he would be happy to work with the Commission on the questions and the outreach.
Mr. Lender said that he has received only positive feedback from people regarding the program and congratulated the Commission.
Response: These comments were noted by the Commission and the Commission extended its great appreciation to the LGA in working to protect Lake George from new aquatic invasive species.
Comment #5:
Pamela Parrott, a 4th generation Lake George resident, said that she is in support of the program and believes that the program is absolutely necessary.
Response: These comments were noted by the Commission and the Commission appreciates the support of the public in working to protect Lake George from new aquatic invasive species.
Comment #6:
Mr. Conover, Bolton Town Supervisor, said that the Commission has his full support for the program.
Response: These comments were noted by the Commission and the Commission appreciates the support of the Town of Bolton and other municipalities around Lake George in working to protect Lake George from new aquatic invasive species.
Comment #7:
The Commission received one written comment from Meg Modley, Environmental analyst with the Lake Champlain Basin Program. Ms. Modley suggested that the Commission decontaminate boats leaving Lake George to prevent the spread of AIS from Lake George into other water bodies. Ms. Modley further suggests that samples of AIS removed from boats prior to entering Lake George be analyzed to identify the AIS from other waterbodies. She further suggests collecting and analyzing AIS specimens from boats that leave Lake George to determine what risks there may be to other water bodies.
Response: The Commission is currently working with Darren Freshwater Institute to evaluate the costs and effectiveness of analyzing water samples from boats that are decontaminated prior to entering Lake George. The Commission determined that requiring boats leaving Lake George to undergo decontamination would cause a significant cost to the program and may cause unnecessary inconvenience to the boaters. Boats leaving Lake George are required to have their bilges drained and be inspected for visible AIS (cleaned and drained) prior to tagging with a seal upon exiting the lake, so as not to allow the boat to introduce any possible AIS from Lake George into other waterbodies.
