Migratory Game Bird Hunting Regulations for the 2009-2010 Season
NY-ADR
9/23/09 N.Y. St. Reg. ENV-38-09-00004-EP
NEW YORK STATE REGISTER
VOLUME XXXI, ISSUE 38
September 23, 2009
RULE MAKING ACTIVITIES
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
EMERGENCY/PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. ENV-38-09-00004-EP
Filing No. 1054
Filing Date. Sept. 04, 2009
Effective Date. Sept. 04, 2009
Migratory Game Bird Hunting Regulations for the 2009-2010 Season
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Proposed Action:
Amendment of section 2.30 of Title 6 NYCRR.
Statutory authority:
Environmental Conservation Law, sections 11-0303, 11-0307, 11-0903, 11-0905, 11-0909 and 11-0917
Finding of necessity for emergency rule:
Preservation of general welfare.
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 2009-2010 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 2009-2010 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 2009-2010 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)(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 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 subparagraph 2.30 (e)(2)(vii);
Amend clauses 2.30(e)(1)(i)(b) through (e) to read:
| (i) ducks, coot and mergansers | |
| (b) Northeastern Zone | Open for [10] nine consecutive days beginning on the first Saturday in October, and for [50] 51 consecutive days beginning on the Friday just prior to the fourth Saturday in October. |
| (c) Lake Champlain Zone | Open for [five] four consecutive days beginning on the [Wednesday after the first] second Saturday in October, and for [55] 56 consecutive days beginning on the fourth Saturday in October. |
| (d) Southeastern Zone | Open for nine consecutive days beginning on the second Saturday in October, and for 51 consecutive days beginning on the [second] first Saturday in November. |
| (e) Long Island Zone | Open for [60] five consecutive days beginning on the Wednesday just prior to Thanksgiving Day (observed), and for 55 consecutive days ending on the last Sunday in January. |
Amend clauses 2.30(e)(1)(ii)(d), (e), (g) and (h) to read:
| (ii) Canada geese, cackling geese, and white-fronted geese | |
| (d) East Central Goose Hunting Area | Open for [21] 28 consecutive days beginning on the fourth Saturday in October, and for [24] 17 consecutive days beginning on the fourth Saturday in November. |
| (e) Hudson Valley Goose Hunting Area | Open for [18] 28 consecutive days beginning on the fourth Saturday in October, and for [27] 17 consecutive days beginning on the [first] Friday just prior to the third Saturday in December. |
| (g) Western Long Island Goose Hunting Area | Open for [76] five consecutive days beginning on the Wednesday just prior to Thanksgiving Day (observed) and for 75 consecutive days ending on the second Sunday in February. |
| (h) Central Long Island Goose Hunting Area | Open for [70] five consecutive days beginning on the Wednesday just prior to Thanksgiving Day (observed) and for 65 consecutive days beginning on the first Monday in December. |
Amend clauses 2.30(e)(1)(iii)(c) through (e) to read:
| (iii) snow geese and Ross' geese | |
| (c) Lake Champlain Zone | Open for [83] 90 consecutive days beginning on [the Wednesday after the first Saturday in] October 1. |
| (d) Southeastern Zone | Open for [85] 97 consecutive days beginning on the [fourth] second Saturday in October, and [for 22 days ending on] from March 1 through March 10. |
| (e) Long Island Zone | Open for 107 consecutive days ending on [February] March 10. |
Amend clauses 2.30(e)(1)(iv)(a) through (e) to read:
| (iv) brant | |
| (a) Western Zone | Open for [60] 50 consecutive days beginning on the first Saturday in October. |
| (b) Northeastern Zone | Open for [60] 50 consecutive days beginning on the first day of the regular duck season in the Northeastern Zone. |
| (c) Lake Champlain Zone | Open for [60] 50 consecutive days beginning on the first day of the regular duck season in the Lake Champlain Zone. |
| (d) Southeastern Zone | Open for [16] 50 consecutive days beginning on the [third Saturday in October and for 44 consecutive days beginning on the second Saturday in November] first day of the regular duck season in the Southeastern Zone. |
| (e) Long Island Zone | Open the [same 60 days as] first five days and the last 45 days of the regular duck season in the Long Island Zone. |
Amend clause 2.30(e)(2)(ii)(b) to read:
(b) in the Western Long Island, Central Long Island, and Eastern Long Island Hunting Areas, where hunters may take Canada geese from the [Saturday] day 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 [5th] 10th through February [10th] 15th.
Amend clause 2.30(e)(2)(v)(e) to read:
| (e) Long Island Zone | Saturday and Sunday of the [second] first full weekend in November. |
Amend subparagraphs 2.30(g)(3)(i) and (v) to read:
| Species | Times and/or places within seasons | Daily bag limit | Possession limit |
| (i) ducks | All times and places | 6* | 12* |
| (v) Brant | All times and places | [3] 2 | [6] 4 |
* 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, 3 wood ducks, 1 pintail, 1 canvasback, 2 redheads, [1] 2 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.
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 2, 2009.
Text of 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) 402-8885, 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.
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 2009-2010 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 certain areas; changes in daily bag and possession limits for scaup, canvasback ducks and brant in all areas; and allowing the use of electronic calls for snow goose hunting whenever all other waterfowl hunting seasons are closed.
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 canvasback and scaup were both increased based on improved population status assessments and harvest strategies developed by USFWS and approved by the Atlantic Flyway Council. Similarly, the season length and bag limits for brant were reduced throughout the flyway, based on current population assessments and an approved harvest strategy for that 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.
Use of electronic calls for snow goose hunting whenever all other waterfowl seasons are closed was authorized by USFWS in November 2008. Allowing this in New York will help increase harvest of snow geese, which are currently at record high levels and causing ecological damage in the Atlantic Flyway and northern Canada.
4. Costs
These revisions to 6 NYCRR section 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 section 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 2009-2010 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, recordkeeping, or other compliance requirements on small businesses or local government. Therefore, a Regulatory Flexibility Analysis is not required.
All reporting or recordkeeping 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 recordkeeping requirements imposed on those entities.
The hunting activity resulting from this rule making will not require any new or additional reporting or recordkeeping 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, recordkeeping, 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 recordkeeping 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 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 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.
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