PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of section 2.25 of Title 6 NYCRR.
Statutory authority:
Environmental Conservation Law, sections 11-0303, 11-0903 and 11-0905
Subject:
Hunting upland game birds.
Purpose:
To establish a youth pheasant hunting season on Long Island prior to the start of the regular pheasant season.
Text of proposed rule:
Title 6 of NYCRR, section 2.25, entitled "Hunting upland game birds," is amended as follows:
Amend existing subparagraph 2.25(b)(3)(ii)(a) to read as follows:
(ii) Season. The youth pheasant hunting days shall be as follows:
(a) WMU[s] 2A[, 1A and 1C]: no youth hunting days.
Text of proposed 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, (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 (DEC or 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 sections 11-0903 and 11-0905 provides for the establishment of hunting regulations for pheasants.
2. Legislative Objectives
The legislative objectives behind the statutory provisions listed above are to authorize the department to establish, by regulation, certain basic wildlife management tools, including the setting of open areas for hunting pheasants. These tools are used by the department in recognition of the importance of pheasant hunting for recreational purposes.
3. Needs and Benefits
The Senate and Assembly passed legislation (S3421/A4786) in May-June 2011 authorizing the department to make youth-only pheasant hunting opportunities available on Long Island, similar to what has been provided for the rest of the State since 2007. This legislation was developed in direct response to demand from sportsmen on Long Island, with strong support from the department. This legislation passed the Senate 61-1 and the Assembly 130-11, and was signed into law by the Governor soon thereafter. We wish to take immediate advantage of this opportunity to provide more small game hunting opportunities for junior hunters (ages 12 through 15) on Long Island. The new legislation sunsets in 2013, so we have only three seasons in which to offer this season.
Specifically, we propose the establishment of a two-day pheasant hunt on Long Island for all hunters holding a Junior License (ages 12 to 15). The season would be held on the last full weekend in October prior to when the regular pheasant hunting season opens on November 1.
This special opportunity for youth pheasant hunting on Long Island supports the department's efforts to connect youth to the outdoors, and builds upon the success of DEC's other youth hunting opportunities; these include a Youth Pheasant Hunting weekend in upstate New York (since 2007), a Youth Turkey Hunt (since spring 2005 upstate, expanded to Long Island in spring 2011), and Youth Waterfowl Hunting Days (statewide since 1996).
With hunter safety education required for the purchase of a hunting license, and mandatory supervision by an adult hunter, these special youth-only seasons help young people gain the necessary knowledge and skills to become safe and responsible members of the hunting community. The ultimate goal of these initiatives is to sustain hunting participation and its associated recreational, wildlife management and economic benefits. Pheasant hunting was one of the first hunting experiences for many of today's adult hunters, and our proposal would maintain this traditional introduction to hunting for hundreds of youth on Long Island.
4. Costs
None beyond normal administrative costs.
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
There are no other regulations similar to this proposal.
8. Alternatives
The principal alternative would be to not offer a special youth season in 2011, but defer implementation until 2102. However, the legislation sunsets in 2013, meaning we may have only three years to offer this special opportunity, and such delay would undoubtedly draw criticism by sportsmen who worked hard for passage of the bill.
Other alternatives would be to select a different weekend (i.e., earlier in October) or offer a different number of days for the youth pheasant hunt on Long Island. However, we believe the proposed timing would be most preferred by Long Island hunters, and it would be the most efficient use of DEC staff time and stocked pheasants. That is because seasonal staff who manage hunting on Region 1 public lands are normally hired just prior to the start of small game hunting season (approximately November 1), and the number of stocked pheasants that remain available at the start of the regular hunting season would likely be lower if released much earlier in October. Furthermore, holding the youth pheasant hunt the weekend prior to the start of the regular season has been a successful formula for junior hunters and their adult mentors in upstate New York since 2007.
The bag limit for the youth hunt was not specified in the law. The bag limit for the regular pheasant season on Long Island is four birds per day; however, the regulations governing youth-only pheasant hunts in upstate New York allow for a two-bird per day bag limit. This "two-bird bag" has provided ample opportunity to junior hunters during upstate youth-only pheasant seasons, is compatible with the DEC staff time and resources needed to stock birds, and provides a larger proportion of birds for stocking during the regular season when both junior and adult hunters can take advantage of the higher bag limit. For the sake of efficiency and equitability, we feel that the Long Island youth pheasant hunt bag limit should be two birds, identical to the youth-only pheasant seasons in the rest of the state. The regulation of the taking of hens will not change (either sex west of Shinnecock Canal and Inlet, cocks only east of Shinnecock Canal and Inlet).
9. Federal Standards
There are no federal standards associated with pheasant hunting.
10. Compliance Schedule
Hunters would have to comply with the new regulations beginning in the fall of 2011.
Regulatory Flexibility Analysis
The purpose of this rule making is to amend pheasant hunting regulations to establish a two-day youth pheasant hunting season on Long Island (Nassau and Suffolk Counties) prior to the start of the regular pheasant season on November 1. 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 pheasant hunting are administered by the New York State Department of Environmental Conservation (department). Small businesses may, and town or village clerks do, sell hunting licenses, but this rule does not affect that activity. Thus, there will be no effect on reporting or record keeping requirements imposed on those entities.
Based on the department's past experience in promulgating regulations of this nature, and based on the professional judgment of department staff, the department has determined that this rule making may slightly increase the number of participants or the frequency of participation in pheasant hunting, particularly in Nassau and Suffolk Counties. Some small businesses currently benefit from hunting because hunters spend money on goods and services, and thus an increase in hunter participation should lead to positive economic impacts on such businesses.
Additional hunting activity will not require any new or additional reporting or record-keeping 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 pheasant hunting regulations to establish a two-day youth pheasant hunting season on Long Island (Nassau and Suffolk Counties) prior to the start of the regular pheasant season on November 1. This rule will not impose any reporting, recordkeeping, or other compliance requirements on public or private entities in rural areas, other than individual hunters.
All reporting or recordkeeping requirements associated with pheasant hunting are administered by the New York State Department of Environmental Conservation (department). Small businesses may, and town or village clerks do, issue hunting licenses, but this rule making does not affect that activity.
Additional hunting activity will 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 pheasant hunting regulations. The New York State Department of Environmental Conservation (DEC or department) has historically made regular revisions to its pheasant hunting regulations. Based on DEC's experience in promulgating those revisions and the familiarity of regional department staff with the specific area of the State impacted by this proposed rule making, 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 use the hunting of pheasants as a means of employment, but some licensed hunting guides benefit from hunting by taking clients on hunting trips. This rule making could enhance this activity. Moreover, this rule making is not expected to significantly change the number of participants or the frequency of participation in the regulated activities. In fact, this rule making may slightly increase the number of participants or the frequency of participation in pheasant hunting, particularly in Nassau and Suffolk Counties.
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.
