PKR-23-11-00002-P Pets at Campsites, Cabins and Cottages in State Parks

6/8/11 N.Y. St. Reg. PKR-23-11-00002-P

NEW YORK STATE REGISTER

VOLUME XXXIII, ISSUE 23

June 08, 2011

RULE MAKING ACTIVITIES

OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PKR-23-11-00002-P

Pets at Campsites, Cabins and Cottages in State Parks

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

Proposed Action:

Addition of section 372.7(g)(17) to Title 9 NYCRR.

Statutory authority:

Parks, Recreation and Historic Preservation Law, sections 3.09(5), (8) and 7.11(2)

Subject:

Pets at campsites, cabins and cottages in State Parks.

Purpose:

To limit the number of pets at a campsite, cabin or cottage to 2 per reservation in parks where pets are allowed.

Text of proposed rule:

A new paragraph 17 is added to subdivision g of Section 372.7 of 9 NYCRR.

Section 372.7. Activities requiring a permit.

The following activities shall require a permit:

(g) Camping. Camping at authorized sites, cabins or other structures.

(17) No more than two pets (dogs, cats or other domesticated animals normally maintained in or near the household of the owner or person who cares for them) shall be present at any campsite, cabin or cottage in a park that allows these animals to be there. Persons at the campsite, cabin or cottage shall directly control and supervise the pets and crate or restrain them on leashes that are not more than 6 feet in length. Proof of licensure for dogs and proof of rabies inoculation for dogs, cats and domesticated ferrets shall be produced if requested by staff. If any provision of this paragraph is violated the pet shall be removed from the park by either the pet owner or the person who cares for the pet or the permit holder. This paragraph does not apply to a person with a disability or his or her companion service animal.

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

Kathleen L. Martens, Associate Counsel, Office of Parks, Recreation and Historic Preservation, ESP, Agency Building 1, 19th Floor, Albany, NY 12238, [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.

Regulatory Impact Statement

Statutory Authority: Parks, Recreation and Historic Preservation Law (PRHPL) § § 3.09(5)(8); 7.11(2).

Legislative Objectives: To update the pet rule at campsites, cabins and cottages.

Needs and Benefits: Presently, eleven separate regional rules address pet attendance at State Parks. In those State Parks where pets are allowed, only two regions limit the number of pets that may be brought to campsites, cabins and cottages. State Parks' experience indicates that limiting the number of pets to 2 helps better manage user conflicts in those parks where pets are allowed.

Those parks that allow an unlimited number of pets, report that user conflicts are escalating. For example, patrons with camping reservations have brought 6-8 dogs per reservation and housed them in kennel crates. When they are walked in the pet loop this often crowds out other animals. A group of dogs barking together often disturbs other campers.

The proposal applies the two-pet rule per camping, cabin or cottage reservation on a statewide basis, thus, making it the Agency standard in those state parks that presently allow pets by regional rule.

In addition, the rule clarifies that only healthy domestic household pets as defined in Agriculture and Markets Law Section 350(5) may visit campgrounds, cabins or cottages. Patrons are not allowed to bring farm animals as defined in Agriculture and Markets Law Section 350(4) or wild animals as defined in Environmental Conservation Law Section 11-0103(6)(e) to campsites, cabins or cottages.

Also the pet owner, custodian or camping permit holder must remove a pet if the rule is violated.

Finally, the rule requires that pets be directly supervised, crated or tethered on a 6 foot lead.

Costs: None.

Local Government Mandates: None.

Paperwork: OPRHP will notify the public about the changes to the pet rule through its publications, including the Camping Manual. Otherwise, no additional reporting forms or other paperwork will be required.

Duplication: The proposed rule applies to campsites, cabins or cottages located in those State Parks that presently allow pets by regional regulation. Under PRHPL § 7.11(2) existing regional pet rules are superseded so there is no duplication. The existing rules are found at 9 NYCRR § § 375.1; 397.6; 398.7; 399.6; 400.6; 401.4; 402.4; 408.1; 410.1; 415.3; 416.5; 417.5; 418.3.

Alternatives: Alternatives that would permit an unlimited number of pets at campgrounds, cabins or cottages or that would permit only one pet per facility were reviewed by operations staff. This compromise of a maximum 2 pets per site garnered the most support from the staff that are familiar with and manage the user conflicts between pets, pet owners, patrons and wildlife on a daily basis.

Federal Standards: None.

Compliance Schedule: Effective immediately upon publication of the Notice of Adoption in the State Register.

Regulatory Flexibility Analysis

A Regulatory Flexibility Analysis is not submitted with this notice because the rule will not impose any adverse economic impact or reporting, recordkeeping or other compliance requirements on small businesses or local governments. The proposed amendment relates to operations at campsites, cabins and cottages in those State Parks that allow pets and limits the number of pets at these facilities to 2 per reservation.

Rural Area Flexibility Analysis

A Rural Area Flexibility Analysis is not submitted with this notice because the rule will not impose any adverse impact or reporting, recordkeeping or other compliance requirements on public or private entities in rural areas. The proposed amendment relates to operations at campsites, cabins and cottages in those State Parks that allow pets. It limits the number of pets at these facilities to 2 per reservation.

Job Impact Statement

A Job Impact Statement is not submitted with this notice because the rule will not have an impact on jobs and employment opportunities. The proposed rule establishes a limit of two pets at a campsite, cabin or cottage in a State Park where pets are allowed.