Statutory authority

The Department of Environmental Conservation is acquiring 2,800 acres of land in Oswego County in a divestiture from National Grid that will be known as the Lower Salmon River State Forest. Of the 2,800 acres, 1,700 acres that are adjacent to the Salmon River will become Lower Salmon River State Forest and be protected by the proposed regulations. The remaining 1,100 acres will be incorporated into other existing State Forests.

Environmental Conservation Law (ECL) section, 1-0101(3)(b) directs the Department of Environmental Conservation (Department) to guarantee “that the widest range of beneficial uses of the environment is attained without risk to health or safety, unnecessary degradation or other undesirable or unintended consequences.” ECL section 3-0301(1) provides that “It shall be the responsibility of the department. . . by and through the commissioner to carry out the environmental policy of the State. . . .” ECL section 3-0301(1)(b) gives the Department the responsibility to “promote and coordinate” the management of land resources “to assure their protection. . . and take into account the cumulative impact upon all such resources in. . . promulgating any rule or regulation. . . .” ECL section 3-0301(2)(v) empowers the Department to “administer and manage the real property under the jurisdiction of the Department for the purpose of preserving, protecting and enhancing the natural resource value for which the property was acquired or to which it is dedicated employing all appropriate management activities.” ECL section 9-0105(1) authorizes the Department to exercise “care, custody, and control” of the state lands described in ECL Article 9. ECL section 3-0301(2)(m) authorizes the Department to adopt rules and regulations “as may be necessary, convenient or desirable” to effectuate the purposes of the ECL. ECL section 9-0105(3) authorizes DEC to “[m]ake necessary rules and regulations to secure proper enforcement” of ECL Article 9.

Legislative objectives

The Department has, as one of its core missions, the acquisition of environmentally important lands and waters, funding for which has been provided by various acts of the State Legislature. In adopting various articles of the ECL, the Legislature has established forest, fish, and wildlife conservation to be policies of the State and has empowered the Department to exercise “care, custody, and control” over certain State lands and other real property. Consistent with these statutory interests, the proposed regulations will protect natural resources and the safety and welfare of those who engage in recreational activities on Department managed lands.

Needs and benefits

The Department is acquiring approximately 2,800 acres of land in the Lower Salmon River Corridor in Oswego County known as the Lower Salmon River State Forest. The proposed regulations will apply specifically to 1,700 acres lying adjacent to the Salmon River. The Part 190 general regulations for use of State lands provide protection for the majority of lands, but because of the unique characteristics and uses of the lands being acquired, additional specific regulations are needed.

The State’s interest in these lands predominantly stems from the unique fishery that exists here. Angler use of the area is extremely intense, providing an annual $18.8 million economic benefit to local communities based on estimated on-site expenditures from the Department’s Statewide Angler Survey. Peak use of the area occurs in the fall, but there is also very significant fishing activity on the river throughout the winter and into the spring. Other economically significant uses of the area include general tourism and recreation, particularly winter recreation, since the area receives approximately 300 inches of snow annually.

The proposed regulations will protect the Lower Salmon River State Forest from overuse by prohibiting camping, including camping in vehicles, and protecting natural resources in the area by restricting the use of fire and snowmobiles. Prohibiting target practice will protect public safety.

The large numbers of people that use these lands could cause density related problems such as littering and trampling of vegetation. Estimates of current use indicate that 150,000 to 200,000 people visit the Salmon River annually. Current impacts from these users are relatively low, because visitors arrive, walk to their destination and spend most of their time in the river fishing. When they are done fishing, they leave the property. If camping were allowed, it is likely that unsanctioned campsites would proliferate along the river corridor. Litter and vegetation trampling would significantly increase, as would the impacts from the disposal of human waste and from firewood gathering for campfires. Frequent inquiries from visitors to the area as to whether camping is allowed on these lands demonstrate the likelihood that camping would become widespread without these regulations. Since camping was not allowed on this property prior to acquisition by the state, this prohibition does not present a new restriction on use. Local lodging and private campground businesses will likely benefit from visitors who wish to spend multiple consecutive fishing days in the area.

Prohibiting target shooting will avoid potential conflicts with fishermen and will protect public safety. The relatively long and narrow shape of the property makes it difficult to find locations where target shooting could be undertaken without significant risk to other users of the property. Opportunities for target shooting exist on other State lands nearby and at a private rod and gun club for interested users. Hunting and fishing on the Lower Salmon River State Forest will not be restricted.

Seasonal restrictions on the use of fire are necessary to address warm season party activities. Visitors to the property will still be allowed to use portable charcoal or gas grills and stoves for cooking and warmth.

Restricting snowmobile use to designated trails will keep snowmobiles off sensitive foot trails and reduce potential conflicts with fishermen. Because anglers continue to use the property through the winter months, there is a significantly greater possibility of angler-snowmobile encounters than in most other areas of the state.

A meeting was held by Department staff with local constituent user groups, local landowners and government representatives to discuss the proposed regulations. Sixteen user groups were invited. Those in attendance represented the Albion Fish and Game Club, the Oswego County Federation of Sportsmen, the Lake Ontario Tributary Anglers Council, the Albion Altmar Business Association, Maple Grove Resort, Stoney’s Pineville Campground and the Tug Hill Commission. Those invited but not in attendance were the Oswego County ATV Club, Oswego County River Guides Association, Pulaski/Eastern Shore Chamber of Commerce, Trout Unlimited, Oswego County Planning and Tourism, Village of Pulaski, Douglaston Salmon Run, Browns Campground and Fox Hollow Campground.

At this meeting, staff explained the importance of the acquisition to the State, the intent of the proposed regulations, and the status of the acquisition using a Power Point presentation. The meeting included a question and answer session. Follow-up was undertaken for those groups invited but not in attendance. There was strong support for the proposed regulations, and no objections were raised.

Costs

There will be no increased staffing, construction or compliance costs projected for State or local governments or for private regulated parties as a result of this rulemaking. Costs to the regulating agency will be minimal, involving signage and printing of brochures.

Paperwork

The proposed regulations will not impose any reporting requirements or other paperwork on any private or public entity.

Local government mandates

This proposal will not impose any program, service, duty or responsibility upon any county, city, town, village, school district or fire district.

Duplication

There is no duplication, overlap, or conflict with State or Federal regulations. The regulations are being proposed for activities where existing State land regulations are insufficient to meet the requirements to protect the unique characteristics found on this State Forest.

Alternatives

The alternative to this rulemaking is to take no action to protect these lands. The “no action” alternative was rejected because it would not protect these lands from overuse, nor address the issues of public safety. Reliance on enforcement by posted signs could leave these lands vulnerable because signs can be vandalized or stolen, and the burden is on the Department to prove in each case that the signs were present on the property when an infraction occurred. In addition, courts are hesitant to hold the public accountable for sign violations that are not backed up by specific regulations. Failure to prohibit camping and target shooting and the failure to restrict fire and snowmobile use could potentially lead to degradation of natural resources and public safety issues.

Federal standard

The proposed regulations do not exceed any minimum standards of the Federal government. There is no relevant Federal standards related to these regulations.

Compliance schedule

A Unit Management Plan for the entire property will be completed, which will include a public comment period. The proposed regulations may be revised, as necessary, to be consistent with the Unit Management Plan. The regulations will become effective on the date that a Notice of Adoption is published in the New York State Register. The Department will educate the public about the regulations through information posted on the Department’s web site.

A Regulatory Flexibility Analysis for Small Businesses and Local Governments is not required for these regulations because the proposal will not impose any reporting, record-keeping or other compliance requirements on small businesses or local governments. The proposed regulations relate solely to protecting natural resources and public safety on the Lower Salmon River State Forest. There are no identified cost impacts because the proposed regulations have no direct application to small businesses and local governments. The proposed regulations should enhance the public’s enjoyment of these lands, and local businesses may benefit from the attraction of potential customers to the area.

A Rural Area Flexibility Analysis is not submitted with this proposal because the proposal will not impose any reporting, record-keeping or other compliance requirements on rural areas. The proposed regulation relates solely to protecting natural resources and public safety on the Lower Salmon River State Forest.

A Job Impact Statement is not submitted with this proposal because the proposal will have no substantial adverse impacts on existing or future jobs and employment opportunities. The proposed regulations relate solely to protecting natural resources and public safety on the Lower Salmon River State Forest. The proposed regulations should enhance the public’s enjoyment of these lands, and local businesses may benefit from the attraction of potential customers to the area.