Pesticide Applicator Certification and Direct Supervision Requirements

NY-ADR

8/12/09 N.Y. St. Reg. ENV-32-09-00002-P
NEW YORK STATE REGISTER
VOLUME XXXI, ISSUE 32
August 12, 2009
RULE MAKING ACTIVITIES
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
 
I.D No. ENV-32-09-00002-P
Pesticide Applicator Certification and Direct Supervision Requirements
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
This is a consensus rule making to amend section 325.7 of Title 6 NYCRR.
Statutory authority:
Environmental Conservation Law, arts. 15, 33 and 71
Subject:
Pesticide applicator certification and direct supervision requirements.
Purpose:
To exempt persons authorized to apply 100% corn oil to bird eggs from pesticide applicator certification requirements.
Text of proposed rule:
Add new paragraph 325.7 (a) (10) to read as follows:
(10) any person applying 100 percent corn oil to bird eggs as part of any wildlife control activity authorized by the department pursuant to Article 11 of the Environmental Conservation Law.
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 12233-4754, (518) 402-8866, email: [email protected]
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
The purpose of this rule making is to exempt application of 100 percent corn oil to bird eggs from pesticide applicator certification and supervision requirements. The Department of Environmental Conservation does not anticipate any negative comments or objections from any party. Application of corn oil is an effective and humane way to prevent bird eggs from hatching, and is commonly used as part of wildlife control programs. Animal welfare organizations are among those who advocate egg-oiling as part of a humane population management program for overabundant Canada geese. Nuisance wildlife service providers should support this change since it reduces regulatory requirements for their services. Corn oil is a commonly used food product and is listed as a minimum risk pesticide by the Environmental Protection Agency, making it exempt from federal pesticide requirements. This rule making qualifies for consensus rule making since we do not anticipate receiving public comments in opposition to the proposal.
Job Impact Statement
The purpose of this rule making is to exempt application of 100 percent corn oil to bird eggs from pesticide applicator certification and supervision requirements. Application of corn oil is an effective way to prevent bird eggs from hatching, and is commonly used as part of wildlife control programs. However, many licensed wildlife control agents are not certified pesticide applicators, so they are unable to provide a full range of bird control services. Eliminating a regulatory requirement for authorized wildlife control purposes will allow more commercial wildlife control agents to offer complete bird control services, which could have a positive impact on jobs. Therefore, the Department of Environmental Conservation has determined that this rule making will not have a substantial adverse impact on jobs or employment opportunities, and has concluded that a job impact statement is not required.
End of Document