PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of section 1.22 of Title 6 NYCRR.
Statutory authority:
Environmental Conservation Law, sections 11-0303 and 11-0907
Subject:
Deer hunting regulations.
Purpose:
To update muzzleloading regulations in the Northern Zone.
Text of proposed rule:
Subdivision (a) of 6 NYCRR section 1.22 is amended as follows:
(a) "Northern Zone." The types of deer that may be legally harvested, the open Wildlife Management Units (WMUs) as described in section 4.1 of this Title and the open season dates (First and Second splits) for muzzleloading in the Northern Zone are set forth below.
"Open WMUs for harvest of deer of either sex"
"Open WMUs for harvest of antlerless deer or deer having both antlers less than three inches in length"
"Open WMUs for harvest of antlered deer only"
FIRST SPLIT of the muzzleloading season for deer shall be the seven days immediately proceeding the Northern Zone regular big game season:
SECOND SPLIT of the muzzleloading season for deer shall be the seven days immediately following the Northern Zone regular big game season:
5A, 5G, 5J, 6A, 6C, 6G, 6H
Text of proposed rule and any required statements and analyses may be obtained from:
Jeremy Hurst, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233, (518) 402-8883, email: wildliferegs@gw.dec.state.ny.us
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) directs the Department of Environmental Conservation (department) to develop and carry out programs that will maintain desirable species in ecological balance, and to observe sound management practices. This directive is to be met with regard to: ecological factors, the compatibility of production and harvest of wildlife with other land uses, the importance of wildlife for recreational purposes, public safety, and protection of private premises. ECL section 11-0907 provides for the regulation of deer and black bear hunting seasons.
2. Legislative objectives:
The legislative objective behind the statutory provisions listed above is to establish, or authorize the department to establish by regulation, certain basic wildlife management tools, including the setting of open areas, and restrictions on methods of take and possession. These tools are used by the department to maintain desirable wildlife species in ecological balance, while observing sound management practices.
3. Needs and benefits:
The department proposes to amend 6 NYCRR section 1.22 (Muzzleloading firearm deer season) to open wildlife management unit (WMU) 5A for either-sex deer harvest during the late muzzleloading season.
WMU 5A (primarily in Clinton County) was previously open for the late muzzleloading season from 1999 through 2002. Harsh winters in the unit in 2000 and 2003 reduced the deer population and the deer harvest, and the late muzzleloading season was closed beginning in 2003 to allow the deer herd to recover. Deer harvests since 2003 have increased, and winter weather has not been a major factor since then, so the harvest of more antlerless deer is appropriate.
4. Costs:
Implementation of this regulation has no additional costs, other than the normal administrative expenses.
5. Local government mandates:
This rule making imposes no mandates upon local governments.
6. Paperwork:
No additional paperwork is associated with this rule-making.
7. Duplication:
None.
8. Alternatives:
The department did not consider any alternatives to the changes in the muzzleloading seasons in the Northern Zone because the proposal is needed to meet deer population management needs.
9. Federal standards:
There are no federal standards associated with this rule making.
10. Compliance schedule:
Hunters will need to comply with the new regulations during the 2009-2010 hunting seasons.
Regulatory Flexibility Analysis
The Department of Environmental Conservation (department) has determined that the proposed amendments to the late muzzleloader season for deer hunting in the Northern Zone will not impose any adverse economic impact or reporting, recordkeeping or other compliance requirements on small businesses or local governments. All reporting or record-keeping requirements associated with hunting are administered by the department. Therefore, the department has concluded that a regulatory flexibility analysis is not needed.
Rural Area Flexibility Analysis
The Department of Environmental Conservation (department) has determined that the proposed amendments to the late muzzleloader season for deer hunting in the Northern Zone will not impose any adverse impact on rural areas or reporting, record keeping, or other compliance requirements on public or private entities in rural areas. All reporting or record-keeping requirements associated with hunting are administered by the department. Therefore, the department has concluded that a regulatory flexibility analysis is not needed.
Job Impact Statement
The Department of Environmental Conservation (department) has determined that the proposed amendments to the late muzzleloader season for deer hunting in the Northern Zone will have no direct effect on jobs or employment. Therefore, the department has concluded that a job impact statement is not needed.
