The following is a summary of the text of the new Part 51 proposed by the Department of Environmental Conservation (Department).

§ 51.0 Applicability and Definitions

• Specifies applicability of this regulation (6 NYCRR Part 51) to all persons entering State Lands under the Department’s jurisdiction and administered by the Division of Fish and Wildlife (the Division), including all the WMAs and Fish and Wildlife Management Areas as well as Unique and Multiple Use areas administered by the Division. This introduction also defines nine terms used throughout the regulation. All statements below apply to those areas specified in the Applicability and Definitions.

§ 51.1 Hunting, trapping and fishing: Permitted on all lands subject to this Part except when restricted by posted notice.

§ 51.2 Boating:

• Only non-motorized boats or those with electrically-powered motors are allowed.

• Mooring, storing, or anchoring overnight are prohibited.

• Prohibits transport of aquatic invasive species and specifies measures to prevent transport with the following exemptions:

1. Plants not defined as invasive when used for camouflage from wildlife.

2. Bait when used consistently with all Department regulations.

3. Legally-taken game or fish.

§ 51.3 Camping: Not allowed without written permission of the Department.

§ 51.4 Roads, trails, and parking areas:

• Motorized vehicles or bicycles not allowed on posted roads.

• No motorized vehicles of any kind allowed off-road except as authorized by the Department.

• The speed limit within WMAs is 25 miles per hour where vehicles are allowed.

• Horses and bicycles are only allowed on roads, parking areas, and designated trails, on other areas posted open, or with written permission of the Department.

• Snowmobiles are only allowed on designated routes that are covered by a minimum of three inches of snow or ice and only following the close of the regular big game hunting season until March 31 of the following year.

§ 51.5 Reserved.

§ 51.6 Structures:

• Permanent structures of any kind are not allowed on WMAs except with the written permission of the Regional Manager.

• Structures that are nailed, screwed, or in any way injure a tree are not allowed.

§ 51.7 Dogs

• Requires owners or trainers to keep dogs on leash and under immediate control except when:

1. dogs are being legally used for hunting.

2. dogs are being legally trained for hunting on lands designated as dog-training areas or during designated training seasons set by Part 66 of 6 NYCRR.

3. participating in a licensed field trial permitted in writing by the Department.

4. as otherwise permitted in writing by the Department.

§ 51.8 General provisions

• Fires are only allowed for cooking or warmth, cannot be left unattended, and the area must be cleared of all flammable material to prevent the fire from spreading.

• Swimming is not permitted in waters of a WMA.

• No plants or fungi can be destroyed or collected except for immediate personal consumption without written permission of the Department.

• Use of tree stands that in any way injure trees is prohibited.

• Possession of motorized equipment in the field is prohibited except under permit from the Department.

• Removal of rocks, soil, fossils or minerals is prohibited except under permit from the Department.

• The removal or destruction of any object of archaeological or paleontological interest is prohibited except under permit from the Department and the Commissioner of Education.

• Possession of a metal detector is prohibited, except under permit from the Department or by licensed surveyors when locating markers.

• The construction, use, or abandonment of any structure is prohibited except under permit from the Department, with the following exceptions:

1. A legally placed trap placed and used during trapping season.

2. A tree stand or hunting blind that does not injure a tree, is marked with the owner’s name and address or valid hunting license Identification Number and is placed and used during the big game season, migratory gamebird season or turkey season.

3. A wildlife viewing blind placed for a maximum of ten days in one location per calendar year, does not injure a tree, and is properly marked with the owner’s name and address or valid hunting or fishing license Identification Number.

• Entry into any area posted or designated as closed is prohibited except under permit from the Department.

• Leaving trash is prohibited except in provided trash receptacles.

• Any type of agriculture or animal grazing is prohibited within the WMA system unless authorized by the Department.

• No person under 21 years shall possess alcoholic beverages, unless accompanied by a parent or guardian. All persons who possess alcoholic beverages must produce identification with proof of age upon demand of any peace or police officer.

• All persons must comply with instructions on Department signs.

• Removing, defacing, or destroying Department signs or any other objects is prohibited.

• The public is prohibited from engaging in any illegal activity and from preventing any employees of the Department from doing their work.

• Discharging firearms other than for hunting or trapping is prohibited except on areas clearly posted as open to target shooting. On those areas, the public is only allowed to shoot at paper targets which have enough of an earthen or other suitable backstop to stop the projectile fired. Possession or use of any kind of breakable target is prohibited.

• The possession or use of paint balls or paint ball guns and any activities associated in any way with these implements is prohibited.

• Organized events involving more than twenty people is prohibited unless authorized by the Department.

• Any activity associated with research is prohibited unless authorized by the Department in writing except for the observation of birds or other wildlife in a wild state. Such allowed activities include Audubon's Christmas Bird Count, the USGS Breeding Bird Survey and Cornell Lab of Ornithology's e-Bird database.

• Activities associated in any way with advertising, weddings, funerals, commercial film-making activities or film-making activities that exclude other public use of the area, and other similar activities are prohibited unless permitted by the Department.

• Selling any articles, merchandise, or services is prohibited without a written permit from the Department. Offering any commercial services, with the exception of licensed outdoor guiding, landscape or wildlife photography, observation, or instruction is also prohibited without a written permit from the Department.

§ 51.9 Severability: If any part of this regulation is found to be contrary to the law by the courts, the rest of this regulation will remain valid and in force.

The DEC’s Division of Fish and Wildlife (the Division) administers all Wildlife Management Areas (WMAs) and selected Unique and Multiple Use Areas to benefit and conserve native wildlife and to provide opportunities for wildlife-dependent recreation; namely hunting, wildlife observation, fishing, and trapping. Other activities such as hiking and horse-back riding are allowed provided they do not interfere with the main management goals. Public use of WMAs is regulated by Title 6, Chapter 1, Subchapter G, Part 51 of the New York Codes, Rules and Regulations (Statutory authority: Environmental Conservation Law, §§ 1-0101, 3-0301, 9-0105, 11-2101). This regulation, herein referred to as “6 NYCRR Part 51” has not been amended since 1984. Since then, public use of these lands has increased and changed considerably. Whereas hunting, trapping and nature observation where once the dominant public uses, new activities such as dog walking and trialing, horse-riding, bicycling, picnicking, and drone use have the potential to adversely affect wildlife and wildlife-dependent recreation. The proposed amendments to 6 NYCRR Part 51 will regulate public uses, including activities not formerly addressed by the current regulation, to prevent disturbances to wildlife and conflicts with wildlife-dependent recreation.

Simultaneously with the repeal of the current 6 NYCRR Part 51 and the adoption of a new Part 51, the Division seeks to clean up Subchapter G by repealing in their entirety the following obsolete, unnecessary, or potentially misleading area-specific regulations:

• Part 61 which addresses Public Use of Clay Marsh, Deer Creek Marsh, Howland Island and Three Mile Bay Wildlife Management Areas and State-Owned Islands on Oneida Lake. These sites are not regulated separately, independently, or any differently than the other 125 Wildlife Management Areas in the State system.

• Part 75 which addresses Hunting and Trapping on Fire Island National Seashore (FINS) Cooperator Area. This area ceased being a Cooperator Area in 1990. The FINS is under the sole jurisdiction of the National Park Service and hunting is restricted to waterfowl only. This Part is misleading and can cause confusion because FINS is no longer a Cooperator Area and trapping and hunting of big game are not allowed.

• Part 84 which applies to public use of the Bog Brook Unique Area, located in the towns of Southeast and Patterson in Putnam County. Bog Brook Unique Area is now managed as part of the WMA system and public use is regulated by 6 NYCRR Part 51. It is therefore unnecessary and potentially misleading to have separate regulations for this area.

In addition, the repeal and replacement to 6 NYCRR Part 51 and simultaneous repeals of Parts 61, 75, and 84 will ensure that the rules governing the use of WMAs are clear and easy for the public to understand and remain consistent with the goals of the federally administered Wildlife and Sportfish Restoration (WSFR) Program; the primary funding source for the management of WMAs.

If these changes are not adopted, the Division will not be able to effectively control conflicting public uses, risking adverse effects to wildlife and the enjoyment of wildlife-dependent recreation, endangering critical financial support from the WSFR program, and hampering the Division’s management of fish and wildlife resources and its hunter recruitment and retention efforts.

1. Statutory authority: NYS Environmental Conservation Law §§ 1-0101, 3-0301, 9-0105, 11-2101.

2. Legislative objectives: To enable the State to make regulations, post signs, issue permits, remove trees, and to take other actions as necessary to manage state-owned hunting, trapping, and fishing lands and facilities.

3. Needs and benefits: This proposal seeks to repeal and replace Title 6, Chapter 1, Subchapter G, Part 51 (“6 NYCRR Part 51”) of the New York Codes, Rules and Regulations which regulates public use of Wildlife Management Areas and simultaneously, to repeal three unnecessary, obsolete, and potentially-confusing regulations: Parts 61, 75 and 84.

The Division of Fish and Wildlife (the Division) administers all Wildlife Management Areas (WMAs) and selected Unique and Multiple Use Areas to benefit and conserve native wildlife and to provide opportunities for wildlife-dependent recreation; namely hunting, wildlife observation, fishing, and trapping. Other activities are allowed if they do not interfere with these management goals. This regulation has not been amended since 1984. Since then, public use of these lands has increased considerably, and has the potential to adversely affect wildlife and wildlife-dependent recreation. The proposed changes to 6 NYCRR Part 51 will regulate public uses, including several activities not formerly addressed by the current regulation, to prevent disturbances to wildlife and conflicts with wildlife-dependent recreation. In addition, these revisions will ensure that public uses of WMAs remain consistent with the goals of the federally administered Wildlife and Sportfish Restoration (WSFR) Program, which is the primary funding source for the management of WMAs.

Part 61 addresses Public Use of Clay Marsh, Deer Creek Marsh, Howland Island and Three Mile Bay Wildlife Management Areas and State-Owned Islands on Oneida Lake. These sites are not regulated separately, independently, or any differently than the other 125 Wildlife Management Areas in New York. Repeal of this regulation will streamline the NYCRR.

Part 75 addresses Hunting and Trapping on Fire Island National Seashore Cooperator Area. This area ceased to be a Cooperator Area in 1990. The Fire Island National Seashore (FINS) is under the sole jurisdiction of the National Park Service and hunting is restricted to waterfowl only and trapping is no longer allowed. Repeal of this Part will remove confusion since FINS is no longer a Cooperator Area and trapping and big game hunting are not allowed.

Part 84 applies to public use of the Bog Brook Unique Area, located in the towns of Southeast and Patterson in Putnam County. Bog Brook Unique Area is now managed as part of the WMA system and public use is regulated by 6 NYCRR Part 51. Repeal of Part 84 will remove an unnecessary and potentially misleading regulation and streamline 6 NYSCRR.

4. Costs: None. The activities regulated provide no income. The proposed amendments will allow the Division to regulate and when necessary curtail certain public activities which can adversely affect wildlife and wildlife-dependent recreation (wildlife observation, hunting, trapping). The adoption of these amendments will reduce conflicting and interfering uses, reducing policing, stewardship, and maintenance costs.

5. Local government mandates: None. DEC is responsible for enforcing Title 6, Chapter 1, subchapter G of NYCRR and the action proposed will not affect local government resources.

6. Paperwork: No additional paperwork will be required as a result of the proposed rule changes. Law enforcement officers will have an increased ability to issue tickets for violations of 6 NYCRR Part 51. For special cases, the Regional Manager may issue a Temporary Revocable Permit or letter of permission to allow regulated activities under certain conditions.

7. Duplication: None. The repeal of Parts 61, 75 and 84 reduces duplication and confusion. There are no other regulations addressing the public use of wildlife management areas.

8. Alternatives: No Change. Not revising 6 NYCRR Part 51 would not address current activities and situations that can adversely affect wildlife and wildlife-related recreation. Without these amendments, DEC is powerless to regulate these activities. While their repeal is not required, not repealing Parts 61, 75 and 84 will keep confusing and duplicative regulations in Title 6, Chapter 1, Subchapter G of NYCRR and prevent simplification of the regulations.

9. Federal standards: There are no federal standards that apply. The changes to 6 NYCRR Part 51 through repeal and replacement will ensure compliance with the provisions of the Wildlife and Sportfish Restoration Program which funds the Division’s administration of Wildlife Management Areas.

10. Compliance schedule: Once the repeal and replacement of 6 NYCRR Part 51 is adopted it will allow for immediate regulation and enforcement of violations.

This proposal does not require a Regulatory Flexibility Analysis as the amendment merely updates the public use of Wildlife Management Areas (6 NYCRR Part 51) and simultaneously repeals three unnecessary, obsolete, and potentially confusing regulations: Parts 61, 75 and 84.

The proposal will not impose an adverse economic impact or reporting, recordkeeping or other compliance requirements on small businesses or local governments. The rule does not impose any significant technological changes on any industry for the reasons set forth above.

Pursuant to Section 202-b of the State Administrative Procedure Act (as amended by Chapter 524 of the Laws of 2011), when considering the promulgation of a rule or regulation that would establish or modify a violation or penalty associated with a violation, it is not applicable as stated above.

1. Types and estimated numbers of rural areas: For purposes of this Rural Area Flexibility Analysis (RAFA), "rural area" means those portions of the state so defined by Executive Law section 481(7). SAPA section 102(10). Under Executive Law section 481(7), rural areas are defined as "counties within the state having less than two hundred thousand population, and the municipalities, individuals, institutions, communities, programs and such other entities or resources as are found therein. In counties of two hundred thousand or greater population, 'rural areas' means towns with population densities of one hundred fifty persons or less per square mile, and the villages, individuals, institutions, communities, programs and such other entities or resources as are found therein." There are 44 counties in New York State (State) that have populations of less than 200,000 people and 71 towns in non-rural counties where the population densities are less than 150 people per square mile.

2. Reporting, recordkeeping and other compliance requirements; and professional services: The proposed repeal and replacement of 6 NYCRR Part 51 and repeal of Parts 61, 75 and 84 will not affect reporting, professional services, or have compliance implications. Occasionally, the DEC Regional Manager may issue a Temporary Revocable Permit for a regulated activity and the region would then need to maintain a list of permitted individuals, effective dates, and conditions (if any).

3. Costs: None. The activities regulated by 6 NYCRR Parts 51, 61, 75 or 84 provide no income. As a result of these amendments, maintenance needs are expected to decrease, representing significant savings.

4. Minimizing adverse impact: There is no foreseeable adverse impact associated with this regulation.

5. Rural area participation: The proposed repeal and replacement of 6 NYCRR Part 51 and repeals of Parts 61, 75 and 84 will only affect such State land designated as Wildlife Management Area, and selected State land designated Unique or Multiple-Use area under the sole administration of the NYSDEC Division of Fish and Wildlife. As such, amendments will not require any participation of any kind nor incur any costs from other municipalities or agencies. Nevertheless, municipalities or individuals will have the opportunity to review and comment on the proposed repeal and replacement of 6 NYCRR Part 51 and on the repeal of Parts 61, 75, and 84 during the public review process.

6. Initial review of the rule, pursuant to SAPA § 207 as amended by L. 2012, ch. 462: Not applicable.

1. Nature of impact: The activities regulated by 6 NYCRR Parts 51, 61, 75 and 84 do not generate jobs or employment opportunities directly or indirectly. The regulation of these activities will therefore have no impact.

2. Categories and numbers affected: No job or employment categories or numbers will be affected.

3. Regions of adverse impact: No adverse impacts to jobs or employment opportunities.

4. Minimizing adverse impact: Not applicable.

5. Self-employment opportunities: Not applicable.

6. Initial review of the rule, pursuant to SAPA § 207 as amended by L. 2012, ch. 462: Not Applicable.