Migratory game bird hunting, and game harvest reporting.
Purpose:
To conform migratory game bird hunting regulations to recent changes in law, and to update game harvest reporting regulations.
Text of proposed rule:
Title 6 of NYCRR, section 2.30, entitled "Migratory game birds," is amended as follows:
Amend paragraphs 2.30(b)(1), (2), (4) and (7) to read:
(1) with a trap, snare, net, crossbow, rifle, pistol, swivel gun, shotgun larger than 10-gauge, punt gun, battery gun, machine gun, fish hook, poison, drug, explosive, or stupefying substance, except that crows may be taken with a rifle;
(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 [sub]paragraph 2.30(e)[(2)(vii)];
(4) from or by means, aid or use of any motor vehicle, motor-driven land conveyance, or aircraft of any kind, except that paraplegics and [single or double amputees of the] persons missing one or both legs may, with a permit issued by the Department of Environmental Conservation (department), take migratory game birds from any stationary motor vehicle or stationary motor-driven land conveyance;
(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 in any area of the State whenever all other waterfowl hunting seasons in that area are closed or during the special snow goose harvest program described in [sub]paragraph 2.30(e)[(2)(vii)];
Repeal paragraph 2.30(e)(1) and adopt new paragraph (e)(1) to read:
(1) Season dates for migratory game birds except crows. Open season dates for migratory game birds, except crows, shall be those dates fixed annually by Federal regulation, as published annually in the Federal Register by the U.S. Department of the Interior, unless indicated otherwise below.
(i) Youth Waterfowl Hunt Days. In addition to open seasons specified above, licensed junior hunters (12-15 years of age), accompanied as provided by subdivision 1 of Section 11-0929 of the Environmental Conservation Law, may take ducks, coot, mergansers, Canada geese, and brant on special Youth Waterfowl Hunt Days, as published annually in the Federal Register by the U.S. Department of the Interior. The adult companion shall not shoot any migratory game birds on those special days unless the respective seasons are open. The adult companion shall possess a valid Federal migratory bird hunting and conservation stamp, and have a current Harvest Information Program (HIP) confirmation number on those special days.
(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 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.
Repeal paragraph 2.30(e)(2) and adopt new paragraph (e)(2) to read:
(2) Season dates for crows. Crows may be taken statewide on any Friday, Saturday, Sunday or Monday falling on or between September 1 through March 31 annually.
Repeal paragraphs 2.30(g)(3) through (5) and adopt new paragraphs (g)(3) and (4) to read:
(3) Bag limits for migratory game birds except crows. Daily bag and possession limits for migratory game birds, except crows, shall be those limits fixed annually by Federal regulation, as published annually in the Federal Register by the U.S. Department of the Interior, unless indicated otherwise below.
(i) Daily bag and possession limits for Canada geese are aggregate daily bag and possession limits for Canada geese, cackling geese, and greater and lesser white-fronted geese in all areas.
(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.
(4) Bag limits for crows. No daily bag or possession limits.
Amend subparagraph 2.30(g)(1)(v) to read:
(v) Aggregate possession limit means the maximum number of migratory game birds of a single species or combination of species taken in the United States permitted to be possessed by any one person when taking and possession occurs in more than one specified geographic area for which a possession limit is prescribed. The aggregate possession limit is equal to, but shall not exceed, the largest possession limit prescribed for any one of the species or specific geographic areas in which taking and possession occurs.
Adopt new subdivision (s) to read:
(s) Publication of regulations. Public notice of open seasons and bag limits for migratory game birds shall be provided by department press release and any other means that the department determines to be appropriate and effective, including posting on the department's public website. Also, the department's annual syllabus of fish and wildlife laws and regulations shall include information advising migratory game bird hunters where they can obtain information regarding open seasons, bag limits, and other hunting regulations.
Title 6 of NYCRR, section 180.10, entitled "Game species reporting regulations under the Department of Environmental Conservation Automated Licensing System (DECALS)," is amended as follows:
Repeal existing section 180.10 and adopt new section 180.10 to read:
Section 180.10 Game species reporting
(a) "Applicability." This section applies to reporting the harvest of deer, bear, and wild turkey.
(b) "Deer, bear, and wild turkey." A hunter who has taken a deer, bear, or wild turkey shall, within 7 days of taking the animal, report the harvest via one of the following methods:
(1) By telephone, calling the number advertised on the department's web-site and published in the current Hunting and Trapping Law and Regulations Guide;
(2) By internet via a web-site designated by the department;
(3) By any other means as described in the current Hunting and Trapping Law and Regulations Guide.
Text of proposed rule and any required statements and analyses may be obtained from:
Gordon R. Batcheller, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233, (518) 402-8885, 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.
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. Environmental Conservation Law 11-0911 provides for establishing deer and bear harvest reporting requirements by regulation.
2. Legislative Objectives.
The legislative objective of the above-cited laws is to ensure adoption of State migratory game bird hunting 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. The specific objectives of amendments to 11-0307 in May 2010 were to eliminate the need for annual rule making by the department to simply adjust season dates and bag limits, and to specify measures that the department shall use to advise hunters where they can obtain information regarding migratory game bird hunting regulations. The purpose of game harvest reporting is to annually estimate the take of species to enable subsequent management decisions.
3. Needs and Benefits.
This rule making implements provisions of the May 2010 amendments to ECL 11-0307, by removing specific season dates and bag limits for most migratory game bird hunting seasons from 6 NYCRR section 2.30 and insert language stating that those regulations shall be as published annually in the Federal Register by the U.S. Department of the Interior. This rule-making also specifies that the department will effectively inform migratory game bird hunters where they can obtain information regarding season dates and bag limits. This rule making also corrects several typographical errors that were noted during a review of all regulations in 6 NYCRR section 2.30.
Migratory game bird population levels fluctuate annually in response to a variety of environmental factors, including weather conditions, predation, and human activities, such as land use changes and harvest. As a result, Federal regulations pertaining to hunting of migratory birds are reviewed and adjusted annually. The department annually selects season dates and bag limits that must conform with Federal regulations, as required by ECL section 11-0307, and to address ecological considerations and user desires. In selecting annual season dates and bag limits, the department provides substantial opportunity for and considers public input as expressed through DEC-appointed waterfowl hunter task forces and other written correspondence received by mail or e-mail.
The department also proposes to amend the reporting requirements for game harvest. Persons who harvest beaver and coyote will no longer be required to report their harvest. Instead, hunters and trappers will be surveyed to estimate the harvest of these species. This will save money and provide greater convenience to the regulated community. Also, the department proposes to extend the reporting period for a harvested deer or bear from 48 hours to 7 days. Many hunters hunt in remote areas that lack cell phone coverage or internet access or both, and they often stay in those locations for a week or more during the hunting season. The department's proposal provides greater flexibility for reporting the harvest of these species, while continuing to mandate those reports to enable the accurate compilation of annual take.
4. Costs.
These revisions will not result in any increased expenditures by State or local governments or the general public. By allowing season dates and bag limits to be those published in the Federal Register, the recent amendment of ECL 11-0307 should reduce the need for annual rule-making by the department, and reduce associated 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.
Each year, the U.S. Fish and Wildlife Service establishes "framework" regulations which specify allowable season lengths, dates, bag limits and shooting hours for various migratory game bird species based on their current population status. Within constraints of the federal framework, New York selects specific hunting season dates and bag limits for various migratory game birds, based primarily on hunter preferences. These selections are subsequently included in a final Federal rule making (50 CFR Part 20 section 105), which appears annually in the Federal Register in September. Prior to amendment in May 2010, section 11-0307 of the ECL required that section 2.30 be amended annually to include current season dates and bag limits. The recent amendments have eliminated this duplication of Federal and State regulations.
8. Alternatives.
The principal alternative, which is no action, would result in State waterfowl hunting seasons and bag limits from 2009-10 remaining in 6 NYCRR section 2.30, but these would not conform with Federal regulations for 2010-11 and would not reflect desired season selections based on public input received. Leaving season dates and bag limits unchanged or inconsistent with annual Federal regulations would result in a significant public dissatisfaction or confusion, and could complicate enforcement of migratory game bird hunting regulations.
In considering changes to the required reporting period for game harvest, a five day requirement was considered. However, the department decided that a 7 day or "one week" reporting requirement would be easier for hunters to remember, and thereby potentially improve reporting and compliance.
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 during the 2010-2011 and subsequent hunting seasons. Hunters will be able to report game harvest using the 7 day time period as soon as the final regulation is adopted.
Regulatory Flexibility Analysis
The purpose of this rule making is to amend migratory game bird hunting regulations, and the regulation on reporting game harvest. This rule will not impose any reporting, record-keeping, 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 hunting are administered by the New York State Department of Environmental Conservation (department) or the U.S. Fish and Wildlife Service (for migratory game birds). No reporting or record-keeping 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 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 migratory game bird hunting regulations, and the regulation on reporting game harvest. This rule will not impose any reporting, record-keeping, or other compliance requirements on rural communities. Therefore, a Rural Area Flexibility Analysis is not required.
All reporting or record-keeping requirements associated with hunting are administered by the New York State Department of Environmental Conservation (department) or the U.S. Fish and Wildlife Service (for migratory game birds). No reporting or record-keeping requirements are being imposed on rural areas.
The hunting activity associated with this rule making does not require any new or additional reporting or record-keeping 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, and the regulation on reporting game harvest. 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. Finally, the proposed changes in reporting game harvest are largely administrative in nature, with no significant consequences associated with employment opportunities.
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.
