Specific reasons underlying the finding of necessity:
The Department of Environmental Conservation (Department) is adopting this rule by emergency rule making to conform state migratory game bird hunting regulations with the federal regulations for the 2008-2009 season and flyway guidelines for resource conservation. 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. Environmental Conservation Law section 11-0307 requires that the Department adjust state migratory game bird regulations to maintain consistency with federal regulations. The final federal regulations are adopted in late summer, thereby necessitating emergency adoption of state regulations in order to have them in place for the migratory game bird seasons that begin in September.
The promulgation of this regulation on an emergency basis is necessary to preserve the general welfare by implementing New York State’s 2008-2009 waterfowl hunting regulations. Our regulations need to be amended to be in compliance with ECL section 11-0307, which requires state regulations to conform with federal regulations. In addition, law enforcement problems, public dissatisfaction, and adverse economic impacts would ensue if migratory game bird hunting regulations were not adjusted annually to conform with federal regulations and hunter preferences.
Subject:
Migratory game bird hunting regulations for the 2008-2009 season.
Purpose:
To change migratory game bird hunting regulations to conform to federal regulations.
Text of emergency/proposed rule:
Title 6 of NYCRR, Section 2.30, entitled "Migratory game birds," is amended as follows:
Amend existing paragraph 2.30 (b)(2) to read:
(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 subparagraph 2.30 (e)(2)(vii);
Amend existing paragraph 2.30 (b)(7) to read:
(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 during the special snow goose harvest program described in subparagraph 2.30 (e)(2)(vii);
Amend existing subparagraphs 2.30(d)(6)(v) and (vii) to read:
(v) The West Central Goose Hunting Area consists of the following WMUs: 7A, 7H, 8A, 8C, 8F, 8H, 8J, 8K, [8M, 8N, 8P,] 8R, and 8S. The West Central Goose Hunting Area also includes: that part of WMU 6K lying west of a continuous line extending along the north shore of the Salmon River from US Route 11 to Interstate Route 81, then south along Route 81 to Route 49; those parts of WMUs 7F and 7J lying west of Interstate Route 81; and that part of WMU 8G lying north and east of a continuous line extending along the New York State Thruway from Crittenden Murrays Corners Road (near the Erie Genesee County line) to Exit 48 in Batavia, then south along Route 98 to Route 20.
(vii) The South Goose Hunting Area consists of the following WMUs: 3A, 3C, 3H, 3K, 3N, 3P, 3R, 4G, 4H, 4O, 4P, 4R, 4W, 4X, 7R, 7S, 8M, 8N, 8P, 8T, 8W, 8X, 8Y, 9A, 9C, 9F, 9G, 9H, 9J, 9K, 9M, 9N, 9P, 9R, 9S, 9T, 9W, 9X, and 9Y. The South Goose Hunting Area also includes: that part of WMU 8G lying south and west of a continuous line extending along the New York State Thruway from Crittenden Murrays Corners Road (near the Erie Genesee County line) to Exit 48 in Batavia, then south along State Route 98 to State Route 20; that part of WMU 3G lying in Putnam County; and that part of WMU 3S lying north of Interstate Route 95.
Repeal subparagraphs 2.30(d)(6)(viii) through (x) and adopt new subparagraphs (viii) through (xi) to read:
(viii) The Western Long Island Goose Hunting Area is that area of Westchester County and its tidal waters southeast of Interstate Route 95 and that area of Nassau and Suffolk Counties lying west of a continuous line extending due south from the New York-Connecticut boundary to the northernmost end of the Sunken Meadow State Parkway; then south on the Sunken Meadow Parkway to the Sagtikos State Parkway; then south on the Sagtikos Parkway to the Robert Moses State Parkway; then south on the Robert Moses Parkway to its southernmost end; then due south to international waters.
(ix) The Central Long Island Goose Hunting Area is that area of Suffolk County lying between the Western and Eastern Long Island Goose Hunting Areas, as defined above and below.
(x) The Eastern Long Island Goose Hunting Area is that area of Suffolk County lying east of a continuous line extending due south from the New York-Connecticut boundary to the northernmost end of Roanoke Avenue in the Town of Riverhead; then south on Roanoke Avenue (which becomes County Route 73) to State Route 25; then west on Route 25 to Peconic Avenue; then south on Peconic Avenue to County Route (CR) 104 (Riverleigh Avenue); then south on CR 104 to CR 31 (Old Riverhead Road); then south on CR 31 to Oak Street; then south on Oak Street to Potunk Lane; then west on Stevens Lane; then south on Jessup Avenue (in Westhampton Beach) to Dune Road (CR 89); then due south to international waters.
(xi) The Special Late Canada Goose Hunting Area is that portion of the Central Long Island Goose Hunting Area lying north of State Route 25A and west of a continuous line extending northward from State Route 25A along Randall Road (near Shoreham) to North Country Road, then east to Sound Road and then north to Long Island Sound and then due north to the New York Connecticut boundary.
Amend clauses 2.30(e)(1)(i)(a) and (b) to read:
(i) ducks, coot and mergansers
(a) Western Zone
Open for [45] 44 consecutive days beginning on the [Tuesday after the third] fourth Saturday in October, and for [15] 16 consecutive days beginning on the last Saturday in December.
(b) Northeastern Zone
Open for [9] 10 consecutive days beginning on the first Saturday in October, and for [51] 50 consecutive days beginning on the [Wednesday following the third] fourth Saturday in October.
Amend subparagraphs 2.30(e)(1)(ii) through (iv) to read:
(ii) Canada geese, cackling geese, and white-fronted geese
(a) Lake Champlain Goose Hunting Area
Open for 45 consecutive days beginning on [the first Saturday after October 19] October 20.
(b) Northeast Goose Hunting Area
Open for 45 consecutive days beginning on the fourth Saturday in October.
(c) West Central Goose Hunting Area
Open for [30] 29 consecutive days beginning on the [first] fourth Saturday in [November] October, and for [15] 16 consecutive days beginning on the last Saturday in December [26].
(d) East Central Goose Hunting Area
Open for [30] 21 consecutive days beginning on the [first] fourth Saturday in [November] October, and for [15] 24 consecutive days beginning on the [last] fourth Saturday in [December] November.
(e) Hudson Valley Goose Hunting Area
Open for [21] 18 consecutive days beginning on the fourth Saturday in October, and for [24] 27 consecutive days beginning on the [third] first Saturday in December.
(f) South Goose Hunting Area
Open for [51] 54 consecutive days beginning on the fourth Saturday in October, and for [19] 16 consecutive days beginning on the last Saturday in December [26], and from March 1 through March 10.
(g) Western Long Island Goose Hunting Area
Open [the same 60 days as the regular duck season in the Long Island Zone, and for 10 consecutive days immediately following the regular duck season] for 76 consecutive days beginning on Thanksgiving Day (observed).
(h) Central Long Island Goose Hunting Area
Open for 70 consecutive days beginning on Thanksgiving Day (observed).
[(h)] (i) Eastern Long Island Goose Hunting Area
Open the same 60 days as the regular duck season in the Long Island Zone.
(iii) snow geese and Ross’ geese
(a) Western Zone
Open for [34] 54 consecutive days beginning on the [first] fourth Saturday in [November] October, for 16 consecutive days beginning on the last Saturday in December, and for [73] 37 consecutive days ending on March 10.
(b) Northeastern Zone
Open for [66] 92 consecutive days beginning on [the first Saturday in] October 1, and for [41] 15 consecutive days ending on March 10.
(c) Lake Champlain Zone
Open for [81] 83 consecutive days beginning on the Wednesday after the first Saturday in October.
(d) Southeastern Zone
Open for 85 consecutive days beginning on the fourth Saturday in October, and for 22 days ending on March 10.
(e) Long Island Zone
Open for 107 consecutive days [beginning on November 1] ending on February 10.
(iv) brant
(a) Western Zone
Open for [50] 60 consecutive days beginning on the first Saturday in October [1].
(b) Northeastern Zone
Open for [50] 60 consecutive days beginning on the first day of the regular duck season in the Northeastern Zone.
(c) Lake Champlain Zone
Open for [50] 60 consecutive days beginning on the first day of the regular duck season in the Lake Champlain Zone.
(d) Southeastern Zone
Open for [the first 50 days of the regular duck season in the Southeastern Zone] 16 consecutive days beginning on the third Saturday in October and for 44 consecutive days beginning on the second Saturday in November.
(e) Long Island Zone
Open [for the last 50] the same 60 days [of] as the regular duck season in the Long Island Zone.
Amend subparagraph 2.30(e)(2)(ii) to read:
(ii) Hunters may take Canada geese in all Canada Goose Hunting Areas from September 1 through September 25, except:
(a) in the Lake Champlain Goose Hunting Area where hunters may take Canada geese from the day after Labor Day through September 25 only; and
(b) in the Western Long Island, Central Long Island, and Eastern Long Island Hunting Areas, where hunters may take Canada geese from the [day] Saturday after Labor Day through September 30.
Amend subparagraph 2.30(e)(2)(iii) to read:
(iii) Hunters may take Canada geese in the Special Late Canada Goose Hunting Area from February [7th] 5th through February [14th] 10th.
Amend clauses 2.30(e)(2)(v)(b) and (d) to read:
(v) Youth Waterfowl Hunt Days are as follows:
(b) Northeastern Zone
Saturday and Sunday of the [fourth] third full weekend in September.
(d) Southeastern Zone
Saturday and Sunday of the [fourth] third full weekend in September.
Adopt new subparagraph 2.30(e)(2)(vi) to read:
(vi) Any person who has migratory game bird hunting privileges in New York, including a valid Harvest Information Program confirmation number, may take snow geese and Ross’ geese in the Western, Northeastern, Southeastern, and Lake Champlain Zones from March 11 through April 15 annually, in addition to regular seasons specified in paragraph 2.30 (e)(1) above. 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.
Amend subparagraph 2.30(g)(3)(i) to read:
Species
Times and/or places within seasons
Daily bag limit
Possession limit
(i) ducks
All times and places
6*
12
* The daily bag limit for ducks includes mergansers, and may include no harlequin ducks, no canvasbacks, and no more than 4 mallards (no more than 2 hens), 1 black duck, [2] 3 wood ducks, 1 pintail, [2 canvasbacks,] 2 redheads, [2] 1 scaup (except during periods specified below, when 2 scaup may be taken daily), 4 scoters or 2 hooded mergansers. The daily limit for ducks may include 2 scaup per day during the following periods only in each waterfowl hunting zone: Western Zone - last 20 days of the regular duck season; Northeastern Zone - November 1 through November 20; Lake Champlain Zone - 20 consecutive days beginning on the fourth Saturday in October; Southeastern Zone - 20 consecutive days beginning on the fourth Saturday in November; and Long Island Zone - last 20 days of the regular duck season. Possession limits for all duck species are twice the daily limit.
Amend subparagraph 2.30(g)(3)(iii) to read:
Species
Times and/or places within seasons
Daily bag limit
Possession limit
(iii) Canada geese
During September in the Lake Champlain Goose Hunting Area
5
10
During September in all other areas
8
16
During Youth Waterfowl Hunt Days in all areas and during the regular goose hunting season in the Eastern Long Island Goose Hunting Area
2
4
During the regular goose hunting season in the Lake Champlain, Northeast, West Central, East Central, Hudson Valley, and [Western] Central Long Island Goose Hunting Areas
3
6
During the regular goose hunting season in the South Goose Hunting Area, the Western Long Island Goose Hunting Area, and during the Special Late Canada Goose Season
5
10
This notice is intended:
to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire December 6, 2008.
Text of rule and any required statements and analyses may be obtained from:
Bryan L. Swift, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4754, (518) 402-8885, email: wfseason@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 has been prepared and 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.
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.
3. Needs and Benefits
The primary purpose of this rule making is to adjust annual migratory game bird hunting regulations to conform with federal regulations, as required by ECL 11-0307, for the 2008-2009 season and flyway guidelines for resource conservation. This rule making also reflects preferences of migratory game bird hunters in New York.
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 reviews and promulgates state regulations in order to maintain conformance with federal regulations, as required by ECL section 11-0307, and to address ecological considerations and user desires.
The Department is proposing the following regulatory changes: season date adjustments for ducks, geese, brant and Youth Waterfowl Hunt Days in all areas; changes to the delineation of Canada goose hunting area boundaries in western New York and on Long Island; changes in daily bag and possession limits for wood ducks, scaup, canvasback ducks and brant; and implementation of a special snow goose harvest program.
Season date adjustments contained in this rule making are intended to maximize hunting opportunities when they are most desired by hunters (for example, maximizing the number of weekend days open to hunting), within constraints established by the U.S. Fish and Wildlife Service (USFWS). The Department provided considerable opportunity for public input, including recommendations from regional waterfowl hunter task forces, as part of the season selection process.
The daily bag limits for wood duck and brant were both increased based on current population assessments and harvest strategies developed by USFWS and approved by the Atlantic Flyway Council. Similarly, the daily bag limits for scaup and canvasback were reduced across the country, based on current population assessments and harvest strategies for those species.
Season dates, bag limits and shooting hours for the Lake Champlain Zone are consistent with regulations established in adjoining areas of Vermont, in accordance with federal regulations and a long standing interstate agreement.
Changes to Canada goose hunting areas will provide for more effective management of resident (local-nesting) and migrant populations that occur in New York. The special snow goose harvest program will allow for additional take of snow geese in New York to help limit population growth for this overabundant species in the Atlantic Flyway.
4. Costs
These revisions to 6 NYCRR 2.30 will not result in any increased expenditures by state or local governments or the general public. Costs to DEC for implementing and administering this rule are continuing and annual in nature. These involve preparation and distribution of annual regulations brochures and news releases to inform the public of migratory game bird hunting regulations for the coming season.
5. Paperwork
The proposed revisions to 6 NYCRR 2.30 do not require any new or additional paperwork from any regulated party.
6. Local Government Mandates
This amendment does not impose any program, service, duty or responsibility upon any county, city, town village, school district or fire district.
7. Duplication
Each year, the USFWS 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. However, section 11-0307 of the ECL specifies that the Department's migratory game bird hunting seasons and bag limits conform with the federal regulations. This requires that section 2.30 be amended annually.
8. Alternatives
The principal alternative, which is no action, would result in state waterfowl hunting regulations that do not conform with federal guidelines which would be in conflict with ECL section 11-0307. Leaving season dates and bag limits unchanged would also result in a significant loss of hunting opportunity, public dissatisfaction, and adverse economic impacts because they would not reflect hunter preferences or alleviate goose damage through sport harvest to the extent possible.
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 2008-2009 and subsequent hunting seasons.
Regulatory Flexibility Analysis
The purpose of this rule making is to amend migratory game bird hunting regulations. 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 migratory bird hunting are administered by the New York State Department of Environmental Conservation (Department) or the U.S. Fish and Wildlife Service (USFWS). 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.
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. This rule will not impose any reporting, record-keeping, or other compliance requirements on public or private entities in rural areas, other than individual hunters. 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 (USFWS). Small businesses may, and town or village clerks do, issue hunting licenses, but this rule making does not affect that activity.
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. The Department of Environmental Conservation (Department) has historically made regular revisions to its migratory game bird hunting regulations. Based on the Department's experience in promulgating those revisions and the familiarity of regional Department staff with the specific areas 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 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.
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.
