DEPARTMENT OF AGRICULTURE Forest Service36 CFR Part 294RIN 0596-AC62 Special Areas; Roadless Area Conservation; Applicability to the National Forests in Idaho AGENCY: Forest Service, USDA.ACTION: Final rule and record of decision.
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SUMMARY:
The U.S. Department of Agriculture (USDA or Department) is adopting a state-specific, final rule establishing management direction for designated roadless areas in the State of Idaho. The final rule designates 250 Idaho Roadless Areas (IRAs) and establishes five management themes that provide prohibitions with exceptions or conditioned permissions governing road construction, timber cutting, and discretionary mineral development.
The final rule takes a balanced approach recognizing both local and national interests for the management of these lands. The Department and Forest Service are committed to the important challenge of protecting roadless areas and their important characteristics. The final rule achieves this through five land classifications that assign various permissions and prohibitions regarding road building, timber cutting, and discretionary mineral activities. The final rule also allows the Forest Service to continue to be a good neighbor and reduce the risk of wild land fires to at-risk communities and municipal water supply systems. The rule does not authorize the building of a single road or the cutting of a single tree; instead it establishes permissions and prohibitions that will govern what types of activities may occur in IRAs.
Any decision to build a road, allow mineral activities, harvest a tree, or conduct any other activity permissible under this final rule will require appropriate site-specific analysis under the National Environmental Policy Act (NEPA) and other applicable laws. Projects will also be consistent with the applicable land management plan (LMP) components.
This final rule supersedes the 2001 Roadless Area Conservation Rule (2001 roadless rule) for National Forest System (NFS) lands in the State of Idaho. DATES:
Effective Date:
This rule is effective October 16, 2008.
FOR FURTHER INFORMATION CONTACT:
Idaho Roadless Rule Team Leader Brad Gilbert at (208) 765-7438.
Individuals using telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 p.m. Eastern Standard Time, Monday through Friday. SUPPLEMENTARY INFORMATION: This document serves as both notice of final rule and record of decision.
Thursday, October 16, 2008
Friday, October 10, 2008
Vermont regulations for enclosed hunting
Hearing Oct 20th on Importing, Possessing Animals for Hunting
VERMONT AGENCY OF NATURAL RESOURCES
PRESS RELEASE
For Immediate Release: October 9, 2008
Media Contacts: John Austin, Tom Decker, 802-241-3700
Public Hearing Oct. 20th for Proposed Regulation
On Importing and Possessing Animals for Hunting
WATERBURY, VT – The Vermont Fish & Wildlife Board is seeking public input on a proposed regulation for the importation and possession of animals for hunting in enclosed areas.
The Board will hold a public hearing beginning at 7:00 p.m., at the Pavilion Auditorium at 109 State Street in Montpelier on Monday, October 20.
A copy of the proposed regulation is on the Vermont Fish & Wildlife Department website (www.vtfishandwildlife.com). Under Law Enforcement, click on Rules and Proposed Rules.
The Vermont Fish & Wildlife Department lists several reasons why the proposed regulation is necessary:
To establish criteria as required by legislative statute to administer and enforce a permit process for the importation and possession of animals for hunting;
To maintain the health of native wild animals and those kept in enclosures;
To prevent the introduction or spread of diseases or parasites by imported animals that are harmful to humans or wild animals, including chronic wasting disease, bovine tuberculosis and rabies, as well as others;
To ensure the physical health and safety of humans;
To ensure the hunting rights described in Section 67 of the Vermont Constitution;
To prohibit entrapment by fence of white-tailed deer and moose or any wild animal not authorized by the new regulation;
To maintain the health of Vermont’s native deer and moose populations;
To ensure there are sufficient open lands for native wildlife to travel, feed and survive in the interests of the public.
“With the threat of serious disease pathogens such as chronic wasting disease and bovine tuberculosis repeatedly appearing in captive herds of deer and elk in other states as near as New York, it becomes increasingly important that we take action now,” said Thomas Decker, Fish & Wildlife’s chief of operations. “Several thousand wild deer and elk have been killed in the Midwest and Western states in an attempt to prevent further spread of CWD when they were exposed to the disease by escaped captive deer or elk.”
“The potential ecological, social and economic losses posed by serious wildlife diseases that could infect Vermont’s native wildlife need to be taken seriously,” added Decker.
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VERMONT AGENCY OF NATURAL RESOURCES
PRESS RELEASE
For Immediate Release: October 9, 2008
Media Contacts: John Austin, Tom Decker, 802-241-3700
Public Hearing Oct. 20th for Proposed Regulation
On Importing and Possessing Animals for Hunting
WATERBURY, VT – The Vermont Fish & Wildlife Board is seeking public input on a proposed regulation for the importation and possession of animals for hunting in enclosed areas.
The Board will hold a public hearing beginning at 7:00 p.m., at the Pavilion Auditorium at 109 State Street in Montpelier on Monday, October 20.
A copy of the proposed regulation is on the Vermont Fish & Wildlife Department website (www.vtfishandwildlife.com). Under Law Enforcement, click on Rules and Proposed Rules.
The Vermont Fish & Wildlife Department lists several reasons why the proposed regulation is necessary:
To establish criteria as required by legislative statute to administer and enforce a permit process for the importation and possession of animals for hunting;
To maintain the health of native wild animals and those kept in enclosures;
To prevent the introduction or spread of diseases or parasites by imported animals that are harmful to humans or wild animals, including chronic wasting disease, bovine tuberculosis and rabies, as well as others;
To ensure the physical health and safety of humans;
To ensure the hunting rights described in Section 67 of the Vermont Constitution;
To prohibit entrapment by fence of white-tailed deer and moose or any wild animal not authorized by the new regulation;
To maintain the health of Vermont’s native deer and moose populations;
To ensure there are sufficient open lands for native wildlife to travel, feed and survive in the interests of the public.
“With the threat of serious disease pathogens such as chronic wasting disease and bovine tuberculosis repeatedly appearing in captive herds of deer and elk in other states as near as New York, it becomes increasingly important that we take action now,” said Thomas Decker, Fish & Wildlife’s chief of operations. “Several thousand wild deer and elk have been killed in the Midwest and Western states in an attempt to prevent further spread of CWD when they were exposed to the disease by escaped captive deer or elk.”
“The potential ecological, social and economic losses posed by serious wildlife diseases that could infect Vermont’s native wildlife need to be taken seriously,” added Decker.
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Tuesday, October 7, 2008
Wiretapping charges against HSUS
OH MY! Imagine that the HSUS did something shady.
Wiretapping and Conspiracy Charges Against Humane Society of U.S. Urged
Oct 6 09:59 AM US/Eastern
www.breitbart.com/
ALPHARETTA, Ga., Oct. 6 /PRNewswire/ --
The Humane Society of the United States (HSUS) engaged in activities that are believed to warrant California and Maryland wiretapping and conspiracy charges, according to documents being filed today by a national cooperative of egg farmers.
United Egg Producers (UEP) filed requests today with the attorneys general in California and Maryland and the District Attorneys in Sacramento County, CA and Montgomery, MD alleging that a HSUS employee impersonated an egg industry ally and illegally tape-recorded phone calls and that HSUS conspired with a California political campaign committee led by a former employee of HSUS.
The HSUS employee at the heart of the scheme is Frank Loftus, director of the so-called "Investigations Unit" of HSUS. In an affidavit filed in a separate legal proceeding, Loftus admitted under oath that he masqueraded as someone else and made three phone calls to UEP offices on August 28, 2008. The affidavit contained detailed transcripts of each of the calls, apparently prepared from a surreptitious tape recording of the calls. UEP's phone records indicate that the calls were placed from a Maryland phone number, and Loftus' affidavit was sworn in Gaithersburg, Maryland.
Loftus did not tell the UEP staffer that the calls were being tape recorded, even though it is against the law in Maryland to tape record phone conversations unless all parties to the call are aware of it. It also is against the law in California to disclose the contents of a tape-recorded phone call without the permission of all parties involved in the call. The Maryland law was well publicized several years ago when Linda Tripp acknowledged taping phone calls with Monica Lewinsky. Illegal wiretapping is a felony in Maryland and carries a potential prison sentence of five years. The violation of the California law carries a potential jail sentence up to one year and $5,000 fine.
Humane California, a California political campaign committee led by a former HSUS employee, Jennifer Fearing used the transcripts of those calls in an affidavit filed with California's Fair Political Practices Commission on September 3, 2008. That group has placed a Proposition on the Nov. 4 California ballot which effectively bans most modern methods of egg production in the state. By using illegally-obtained materials, that campaign is conspiring and colluding with HSUS in violation of California law, says the UEP complaint.
SOURCE United Egg Producers Copyright 2008 PR Newswire. All Rights Reserved.
Wiretapping and Conspiracy Charges Against Humane Society of U.S. Urged
Oct 6 09:59 AM US/Eastern
www.breitbart.com/
ALPHARETTA, Ga., Oct. 6 /PRNewswire/ --
The Humane Society of the United States (HSUS) engaged in activities that are believed to warrant California and Maryland wiretapping and conspiracy charges, according to documents being filed today by a national cooperative of egg farmers.
United Egg Producers (UEP) filed requests today with the attorneys general in California and Maryland and the District Attorneys in Sacramento County, CA and Montgomery, MD alleging that a HSUS employee impersonated an egg industry ally and illegally tape-recorded phone calls and that HSUS conspired with a California political campaign committee led by a former employee of HSUS.
The HSUS employee at the heart of the scheme is Frank Loftus, director of the so-called "Investigations Unit" of HSUS. In an affidavit filed in a separate legal proceeding, Loftus admitted under oath that he masqueraded as someone else and made three phone calls to UEP offices on August 28, 2008. The affidavit contained detailed transcripts of each of the calls, apparently prepared from a surreptitious tape recording of the calls. UEP's phone records indicate that the calls were placed from a Maryland phone number, and Loftus' affidavit was sworn in Gaithersburg, Maryland.
Loftus did not tell the UEP staffer that the calls were being tape recorded, even though it is against the law in Maryland to tape record phone conversations unless all parties to the call are aware of it. It also is against the law in California to disclose the contents of a tape-recorded phone call without the permission of all parties involved in the call. The Maryland law was well publicized several years ago when Linda Tripp acknowledged taping phone calls with Monica Lewinsky. Illegal wiretapping is a felony in Maryland and carries a potential prison sentence of five years. The violation of the California law carries a potential jail sentence up to one year and $5,000 fine.
Humane California, a California political campaign committee led by a former HSUS employee, Jennifer Fearing used the transcripts of those calls in an affidavit filed with California's Fair Political Practices Commission on September 3, 2008. That group has placed a Proposition on the Nov. 4 California ballot which effectively bans most modern methods of egg production in the state. By using illegally-obtained materials, that campaign is conspiring and colluding with HSUS in violation of California law, says the UEP complaint.
SOURCE United Egg Producers Copyright 2008 PR Newswire. All Rights Reserved.
Saturday, October 4, 2008
NY Muzzle-Loaders makes ILOVENY.com
Oh yea! We made the travel guide for things to see.
http://www.iloveny.com/TravelIdeas.aspx
Tomahawks & Black Powder
Join reenactors at the Primitive Rendezvous & Hunt, Oct. 12th on the plains of the Moose River outside of Inlet as they relive 18th and 19th-century history. You will see shooting demos, tomahawk throwing, Dutch Oven cooking, muzzle loading demonstrations, tipi & canvass lodge living and clothing & tools of the era.
The event’s sponsors, the New York State Muzzle-loaders Association, promises that this event will come as close to a primitive experience as you can get. Since the 1970’s, the Association has been "dedicated to the continuing support of black powder events, people and legislation."
Allison Smith spotted this and passed it on.
Regards,Bill
http://www.iloveny.com/TravelIdeas.aspx
Tomahawks & Black Powder
Join reenactors at the Primitive Rendezvous & Hunt, Oct. 12th on the plains of the Moose River outside of Inlet as they relive 18th and 19th-century history. You will see shooting demos, tomahawk throwing, Dutch Oven cooking, muzzle loading demonstrations, tipi & canvass lodge living and clothing & tools of the era.
The event’s sponsors, the New York State Muzzle-loaders Association, promises that this event will come as close to a primitive experience as you can get. Since the 1970’s, the Association has been "dedicated to the continuing support of black powder events, people and legislation."
Allison Smith spotted this and passed it on.
Regards,Bill
NYSCC 2008 Resolutions votes
I'd like to thank the Oswego County Federation for posting this on their web site.
Bill
NYS CONSERVATION COUNCIL, INC.
2008 RESOLUTIONS
Subject: Muzzleloading
08-1 Cattaraugus County Failed 9 - 42
Whereas the original intention of the muzzleloader season was to be primitive with patched round ball, side locks and iron sights;
Whereas the modern muzzleloaders of today are of in-line design with scopes, and some models use smokeless powder;
Whereas the ballistics of the modern in-line firearms in feet per second range from 1,500 to 2,000 feet per second;
Whereas the black powder cartridge is 45/70 for example range in feet per second from 900 to 1,500 feet per second;
BE IT RESOLVED that the NYS Conservation Council work with the NYS Department of Environmental Conservation to make legal use of a single shot black powder cartridge firearm with an all lead bullet be used during the muzzleloader seasons of New York State.
Contact: Thomas Vanderbosch, 7932 Utley Road, East Otto, NY 14729
716/257-3510 bosch257@localnet.com
Big Game Committee comments: While we are always looking for increased opportunities, this resolution moves us even further away from the intent of a primitive season. The ballistic data supplied in trying to justify the use of the cartridge arm is misleading and not the only factor to be considered. The effective range of the cartridge arm is far greater, and from an enforcement perspective it would be hard to verify that black powder was being used. For these reasons the Committee voted 10 opposed and 0 in support of this resolution.
Firearms & Ammunition Committee comments: Support with concerns/ reservations. This could give more options and hunting opportunities; however, there is concern that enforcement could present problems: CO’s may have difficulty identifying legally loaded cartridges in the field.
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08-2 Delaware County Failed 22 - 28
Whereas the Northern Zone has had an early muzzleloader season successfully for some time;
Whereas muzzleloader hunters pay the same as archery and presently have a very short season during a cold time of year after a large percentage of deer are already harvested;
Whereas flintlock muzzleloaders are a primitive weapon and would account for a very limited number of deer harvested;
Whereas many hunters are older or for some other reason find it hard to draw a bow;
Whereas an early muzzleloader season would increase hunting opportunity;
BE IT RESOLVED that the NYSCC seek legislation or regulation that would open up a flintlock only, early muzzleloader season in the Southern Zone that would run during the second week of the early bow season.
Contact: Dan Owen, 4935 Co. Hwy. 35, Sidney Center, NY 13839
607/265-3750 dowen1@frontiernet.net
Big Game Committee comments: The committee members had a number of issues with this resolution, mainly with the timing of the proposed season during the existing archery season. Other issues were the exclusion of many other muzzleloaders and no clarification for optics being used. After the committee vote of 8 opposing and 2 supporting, the committee made a recommendation that Delaware County consider amending its resolution which would establish a primitive antlerless (flintlock and traditional caplock, exclude optics) Southern Zone early muzzleloader season at a time that would not conflict with the existing archery season (last week in September).
Firearms & Ammunition Committee comments: Support; this would increase hunting opportunities.
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08-3 Erie County Failed 27 - 33
Whereas no opportunity for increased hunter participation in the southern zone for an early muzzleloader season for deer exists in New York State;
Whereas 7 out of 10 eastern states do offer that opportunity;
Whereas NYS does have an early muzzleloader season in the northern zone;
BE IT RESOLVED that the NYSCC work with the NYSDEC to pursue a regulation change implementing an early muzzleloader season in the southern zone of NYS, to start on the fourth Saturday of October and run for 7 days. Antlerless deer only, DMP’s permitted.
BE IT FURTHER RESOLVED that any single barrel muzzleloader long gun with flintlock, percussion or in-ling ignition, 44 caliber or larger be allowed; scope sights would be permitted.
Contact: Tony Gonnello, Box 247, East Aurora, NY 14052-0247
716/652-4728 tonygun444@yahoo.com
Big Game Committee comments: While the intent of many hunters and organizations is to gain an early southern zone muzzleloader season, many seem to miss the right combination of type of muzzleloader and timing of the ML season. This resolution would include the modern in-line and fall within the existing archery season, two issues of controversy. While some objected to the in-line inclusion, others did not like the last week of October timing. The committee voted 10 opposed and 0 in support of the resolution. Like Delaware County’s resolution, the committee recommended Erie County consider amending its resolution which would establish a primitive antlerless (flintlock and traditional caplock, exclude optics) southern zone early muzzleloader season at a time that would not conflict with the existing archery season (last week in September).
Firearms & Ammunition Committee comments: Support; would increase hunting opportunities.
AMENDED RESOLUTION – ERIE COUNTY This amendment to be presented at the Fall Convention
“Early Muzzleloader Season in New York Southern Zone”
Whereas no opportunity for increased hunter participation in the southern zone for an early muzzleloader season for deer exists in NYS;Whereas 7 out of 10 eastern states do offer that opportunity;Whereas NYS does have an early muzzleloader season in the northern zone;Whereas establishment of an early ML season would deliver additional value to hunting license purchases including ML special license without adding cost to administration and oversight;Whereas The NYS DEC is in need of additional antlerless management efforts in many parts of the Southern Zone;Whereas Northern Zone Hunters have additional value to their license purchase through early archery in Northern Zone commencing in late September, and Southern Zone has no such value-added opportunity;Therefore be it resolved that the NYSCC work with the NYSDEC to pursue a regulation change implementing an early muzzleloader season in the Southern Zone of NYS.
Seven-day season to run September 24 - 30. Anterless deer only. Tags to be used would be left over Big Game Antlered Tag and/ or special ML tag ONLY, but only valid for antlerless deer. No leftover DMPs. Hunters must hold the special ML license. Further that any single barrel muzzleloader long gun with flintlock, percussion or in-line ignition, 44calibre or larger be allowed. Scope sights permitted.
RATIFIED BY ERIE COUNTY FEDERATION ON APRIL 24, 2008
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Subject: Antler Restrictions
08-4 Delaware County Failed 15 - 33
Whereas antler restrictions are not necessary to properly manage the deer population;
Whereas about 25% of the bucks harvested in New York are 2 ½ years old and older;
Whereas some studies show antler restrictions can adversely affect the genetics of the bucks by putting excessive pressure on the best 1 ½ year old bucks;
Whereas New York has been very successful in growing and maintaining a very good population of deer without length or width antler restrictions providing for a wide variety of hunting opportunity;
Whereas there is a large and growing number of areas that are voluntarily doing some form of alternate harvest strategy;
Whereas many sportsmen and women are not focused on older or larger antlered deer and are very happy with any legal deer;
Whereas there are other ways to accomplish increasing the number of bucks for breeding purposes if there is an area where does are not being bred;
Whereas hunters can always choose to exercise self control and utilize peer pressure to voluntarily help to increase the average age of the bucks, and restrictions take away that choice;
Whereas there is a growing number of areas that are posted and off limits to any hunting which helps to increase the age of deer due to no hunting in those areas;
Whereas it is nearly impossible to actually count points in a vast majority of circumstances;
Whereas licenses are valid statewide, not just to the people living in a specific WMU;
Whereas the restrictions could further accelerate the closing of private lands for hunting to the less affluent hunters as lands will more likely be leased for large sums of money;
Whereas for clarity the originators of this resolution do not consider the 3-inch rule to establish which tag to use as being an antler restriction;
BE IT RESOLVED that the NYSCC oppose antler restrictions in any area of New York State and encourage education and volunteerism to achieve increasing the average age of bucks.
Contact: Dan Owen, 4935 Co. Hwy. 35, Sidney Center, NY 13839
607/265-3750 dowen1@frontiernet.net
Big Game Committee cpmments: By far the most controversial topic of the day. John Rybinski was granted the floor to read an article which discusses how the lack of antler restrictions could lead to "privatization" of land and provide less opportunity for the average hunter unless joining a group which "leases" the land for hunting. The pros and cons of this topic were discussed ad-nauseum with many supporting the purposes that AR sets out to accomplish with the ultimate goal of a more balanced herd structure. Others feel that, much like "hunter orange" which has been successful through education at the hunter safety classes, the 3-point rule could be as effective without becoming a regulation. While counting points may be conducive to certain styles of hunting, not all styles allow the luxury of taking time to count antler points. The Committee voted 6 opposed and 4 in support of the resolution.
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Subject: Deer Contraception
08-5 Onondaga County Passed 48 - 1
Whereas venison provides many as a primary and alternative food source;
Whereas the general public should not be exposed to untested chemicals and drugs that may harm them through primary or secondary ingestion;
Whereas deer may become immune to drugs over time;
Whereas whitetail deer can travel over 25 miles searching for food and mates; and uncontained deer treated with contraceptives may leave treated areas to be harvested by hunters unaware of the chemical agents used;
Whereas men, women and children eat venison; and contraceptive chemicals injected into or ingested by deer may have a negative effect on these people;
Whereas hunting to control deer provides organic venison for human consumption;
Whereas hunting is a more humane way of controlling deer populations;
Whereas in using chemicals such as DDT, there might be other hazards further down the food chain as a result of the chemicals used to control deer, such as extinctions of endangered populations;
Whereas contraception is an unnecessary cost to the taxpayers;
Whereas the loss of revenue from the sporting community would be great if contraception was used in place of hunting;
BE IT RESOLVED that the NYS Conservation Council urge the NYS Senate and Assembly to pass legislation banning any use of chemical contraceptives in white tail deer herds within the State of New York.
Contact: Fred Neff, 7832 East Dead Creek Road, Baldwinsville, NY 13027
315/635-7786 hastamp@twcny.rr.com
John Rybinski, 120 Mill Street, Manlius, NY 13104
315/682-9682 john101@windstream.net
Big Game Committee comments: Brief discussion on this topic, including input from DEC representatives, led to unanimous support for this resolution. While DEC is the only entity that currently has the authority to perform this, there are very few areas where it would be practical to implement this management practice. In addition, it would be very hard to be species specific and not affect other species in the wild. It would be highly cost prohibitive and tends to violate the basic conservation code. Until harvest management is ineffective there would be no need to utilize this practice.
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Subject: Equal Opportunity for Disabled/Senior Hunters
08-6 Otsego County Passed 45 - 4
Whereas it has come to the attention of members of the NYS Conservation Council that many of those hunters with disabilities and over the age of 65 cannot participate and enjoy the early archery seasons because they are physically unable to draw and hold a conventional bow;
Whereas there are many of our men and women returning from Iraq and Afghanistan with disabling injuries that make it impossible to use conventional archery equipment;
Whereas the numbers of senior and disabled big game hunters are increasing, but the numbers of senior and disabled who are able to archery hunt are decreasing;
Whereas the State of New York recognizes senior and disabled hunters with a reduced-fee license and other privileges;
BE IT RESOLVED that the NYS Conservation Council work with all parties of the State to change regulations and laws where needed to allow those hunters who qualify for a senior or disabled big game hunting license to also qualify for a senior or disabled archery license that would allow the use of a bow with a mechanical device to bring the bow to full draw and hold it at full draw, or to use a crossbow.
BE IT FURTHER RESOLVED that the NYS Conservation Council work with all parties of the State to change regulations and laws where needed to make it legal for those individuals who qualify to purchase a senior or disabled archery license, to use a bow with a mechanical device to bring the bow to full draw and hold it at full draw until the hunter is ready to shoot, or use a crossbow.
BE IT FURTHER RESOLVED that the NYS Conservation Council work with the NYS Department of Environmental Conservation to set up a special season before the regular archery season for those hunters holding a senior or disabled archery license, or allow senior and disabled hunters to hunt during the archery season. This includes all areas open to archery-only hunting.
Contact: David McLean, Box 335 Gulf Road, Burlington Flats, NY 13315
607/965-8084
Harold Palmer, 554 Chaseville Road, Maryland, NY 12116
607/638-9013
Big Game Committee comments: There is current legislation in the DEC bill proposals which would address hunters meeting the criteria status. All normal provisions for meeting regular season and special season requirements will be in effect. While one of the provisions of the resolution was to create an early season for these individuals, there was some concern as to the numbers of hunters this would bring out. While not completely in favor of the special season, the committee voted 9 to support and 1 to oppose the general intent of the resolution.
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Subject: Use of Crossbow
08-7 Yates County Passed 42 - 8
Whereas the average age of big game hunters in New York State exceeds 52 and continues to increase while DECALS continues to register year-to-year decreases in the sales of big game hunting licenses, recording a double-digit decline for 2007-08;
Whereas as a hunter’s age increases, physical abilities become more limited, and the strength to accurately and humanely utilize existing archery equipment becomes impaired thereby causing increasing numbers of older hunters to forego participation in archery based hunting seasons;
Whereas the Conservation Fund, by Department of Environmental Conservation estimates, is currently operating with an estimated $21 million deficit and said deficit puts deer management programs at risk which affects the general public in terms of agricultural deprivation, residential landscaping losses and increased traffic accidents which translate to increased insurance costs;
Whereas loss of adequate conservation funding transcends game management to adversely affect most other outdoor activities;
BE IT RESOLVED that the NYS Conservation Council support a change to the Environmental Conservation Law to enable the use of a crossbow as a legal hunting instrument in all big game seasons, for hunters aged 60 and older and for any hunter who lawfully possesses a handicapped certificate authorized by a doctor and issued by their respective town clerk.
Contact: Keith Kappel, 4594 Lakeview Road, Dundee, NY 14837
607/243-7479
Big Game Committee comments: Same discussion as previous resolution. Committee recommends amending resolution to raise age to 65 years old and remove town clerks from authorizing certificates. Committee voted 3 in support and 7 opposed to resolution as written. If amended, 8 would support and 1 would be opposed.
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Here is a waste of time in my opinion. Every friggin year this comes up
BPB
Subject: Blaze Orange
08-8 Yates County Failed 10 - 39
Whereas New York State currently does not mandate the use of "hunter orange," even though 40 states currently do mandate wearing of blaze orange. Four out of five of New York State’s neighboring states (the exception being Vermont) mandate the wearing of blaze orange as a hunter safety tool;
Whereas the use of blaze orange has proven to be very effective in reducing visibility-related accidents; NYS DEC states that big game hunters who don’t wear blaze orange are 8 times more likely to be shot by another hunter, and 32 times more likely to be killed in a two-party hunting related shooting incident;
Whereas the NYS Hunter Education Program stresses the importance of wearing blaze orange to new hunters, since it is so important to stress the safety advantages of wearing blaze orange to new hunters, it is hypocritical to not stress the same safety factors to the existing hunter population;
Whereas the NYS Hunter Education Program strongly encourages students to be sure of their target and what is beyond their target before firing; mandatory use of blaze orange would help all hunters determine that their target and what is beyond is safe;
Whereas in the past 30 years as blaze orange requirements have increased, hunting accidents have dropped more than 60%, essentially saving deer hunting traditions for future generations;
Whereas over the years 1989-2002, 22 New York State deer hunters were killed when mistaken for deer; of those 22 fatalities, only one hunter was wearing blaze orange, and that hunter was killed after sunset;
Whereas NYS DEC states that in the years 1994-2003, 534,000 deer hunters wore blaze orange and zero of them were mistaken for game and killed; during the same ten years, 108,000 deer hunters did not wear blaze orange and 15 of them were mistaken for game and killed. Wearing blaze orange saves lives.
Whereas NYS DEC surveys of hunters in 1991 and 1996 show that 73% approve of mandatory wearing of blaze orange while afield;
Whereas the cost of compliance with mandatory blaze orange is reasonable as the cost of a blaze orange hat and vest is approximately $25;
Whereas success rates of big game hunters do not decrease by the wearing of blaze orange; the State of Pennsylvania, our neighbor sharing New York State’s largest border, requires 250 square inches of blaze orange while harvesting 350,000 to 500,000 deer per year;
BE IT RESOLVED that the NYS Conservation Council initiate and secure the passage of legislation that would require a minimum of 250 square inches of blaze orange clothing be worn by hunters pursuing big game during the regular big game season.
BE IT FURTHER RESOLVED that the NYS Conservation Council encourage the NYS DEC to strongly recommend the voluntary use of blaze orange during other firearm seasons, and by non-hunters who go afield during hunting seasons.
Contact: Dennis Race, 250A West Lake Road, Penn Yan, NY 14527
315/536-7194 crossbow@dennisrace.com
Big Game Committee comments: While not a new topic or resolution, the committee feels that this is a personal choice for wearing blaze orange during the big game season and should not be regulated. Committee voted 1 in support and 8 opposed to the resolution.
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Subject: Boat Launching
08-9 Livingston County Passed 32 - 16
Whereas a fee of $6.00 is currently being charged to enter, park and/or utilize a boat launch site;
Whereas the responsibilities and operation of many of the state launch sites have been transferred from the DEC to the NYS Office of Parks, Recreation and Historic Preservation over many years;
Whereas the NYS Office of Parks, Recreation and Historic Preservation does not consider that there is any difference between a boat launch site and any other state park; thus the same fee is imposed on all users;
Whereas some state parks have multiple uses; and other state parks have one primary use, and that is a boat launch facility which could and should be differentiated from a "typical state park;"
Whereas any launch sites that have not been transferred to the NYS Office of Parks, Recreation and Historic Preservation and are still under DEC ownership are free launch sites;
Whereas the NYS Office of Parks, Recreation and Historic Preservation does not consider the current fee to be a boat launch fee, but rather a site user fee for parking and/or other recreational purposes;
Whereas the NYS Office of Parks, Recreation and Historic Preservation considers the fee a normal park entrance and use fee for fishermen as well as non-fishermen;
Whereas any fishermen or women fishing in New York State waters must also have in possession a current year fishing license;
Whereas fishermen or women who utilize boats as their fishing vehicle must also pay fees for boat and trailer registrations plus the taxes on gas, oil, other fishing and boat related support equipment, and even bait;
Whereas all fees (launch fees, registrations for boat and trailer, and inspections) are all considered forms of taxes;
Whereas fishing license fees paid to the State of New York are put into a special Conservation Fund so construction, updating, maintenance projects, and operational fees can be budgeted for future years;
Whereas the Wallop-Breaux Amendment of 1984 has provided grants to the State of New York for the construction of launch sites from the revenues of fishing equipment and the taxes from motorboat fuel sales;
Whereas New York State fishermen (boaters or shore fishermen) consider that their license fees and taxes paid to New York State throughout the years have been enough compensation paid out and that the current boat launch fee is unjustified;
BE IT RESOLVED that the NYSCC seek sponsorship to change the current New York State Office of Parks, Recreation and Historic Preservation fee structure to allow the following:
a. That any fisherman or woman with a valid and current New York State fishing license entering any state park that has a boat launch site, with the primary intent to fish via a boat or from shore be allowed to utilize that boat launch site and parking area with no other fee attached.
b. This does not pertain to any other state park facilities that do not have a primary revenue of fees for vehicle parking for launching boats and other boating activities.
c. This is a statewide resolution for all New York waters.
Contact: Robert A. Ciecierega, 4529 Carmichael Lane, Geneseo, NY 14454
585/243-3356 rciecierega@hotmail.com
Fish Committee comments: Opposed as written. The committee felt there were too many loopholes.
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08-10 Otsego County Passed 27 - 21
Whereas it has come to the attention of members of the NYS Conservation Council that many of the cartop boat launches on State property are inaccessible to boaters with disabilities or the elderly;
Whereas many disabled and elderly boaters carry on trailers their boats that would normally be considered "cartop" boats;
Whereas the elderly and the disabled may not be able to walk very far;
Whereas there is no definition as to which boats would be classified as a "cartop" boat;
BE IT RESOLVED that the NYS Conservation Council work with the NYS Department of Environmental Conservation to set the definition of a "cartop boat" as "any boat or canoe not having a steering console which two able-bodied adults can pick up and carry a distance equal to the length of the boat or canoe."
BE IT FURTHER RESOLVED that the NYS Conservation Council work with the NYS Department of Environmental Conservation and the NYS Office of Parks, Recreation and Historic Preservation to ensure that all cartop boat launch sites on State lands have a ramp designed to allow a small boat trailer to be backed to the edge of the water. A barrier should prevent the trailer tires from entering the water, but be close enough to allow the cartop boat to be slid into the water from the trailer and retrieved from the water directly to the trailer. This would allow boaters who have disabilities, or the elderly, to access the water.
BE IT FURTHER RESOLVED that the NYS Conservation Council work with the NYS Department of Environmental Conservation and the NYS Office of Parks, Recreation and Historic Preservation to ensure that all cartop boat launch sites have a parking area adjacent to the launch site that is large enough to accommodate at least ten vehicles, or five vehicles with small trailers.
Contact: David McLean, Box 335 Gulf Road, Burlington Flats, NY 13315
607/965-8084
Harold Palmer, 554 Chaseville Road, Maryland, NY 12116
607/638-9013
Habitat / Access Committee comments: Not approved as written; the purpose is sound, but the language of the "resolved" portion needs changing.
Fish Committee comments: Support.
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08-11 Schoharie County Passed 28 - 21
Whereas within the boundaries of Schoharie County there are no handicapped accessible hard-surfaced boat launches along the shorelines of the Schoharie Creek;
Whereas the Schoharie Recreational Commission is commencing a recreational project resulting in a walking path along or near the shore of the Schoharie Creek near the Schoharie Commercial Park;
Whereas the Schoharie Commercial Park area affords generous parking, public supervision, retail businesses and an easy access to all from Exit 23 of I-88, this location provides the safest and most accessible site in the county to both local and out-of-area users;
BE IT RESOLVED THAT the Schoharie County Conservation Association hereby requests that the NYS Conservation Council insist that the State of New York support the cost of constructing from the appropriate funds a hard-surfaced handicapped accessible boat launch at or near the TEA 21 Walking Path Project. Included in this resolution is a request that all navigable waterways in the State of New York be afforded hard-surfaced handicapped accessible boat launches.
Contact: Gordon Emerson, 154 Grandview Drive, Cobleskill, NY 12043
518/234-3784 nyoutdrs@nycap.rr.com
Habitat / Access Committee comments: Not approved as written; the purpose is sound, but the language of the "resolved" portion needs changing.
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08-12 Schoharie County Failed 23 - 25
Whereas Otsego Lake in Otsego County has very little, if any, public boating access sites to the Lake and has no state nor any other boat launching sites listed for Otsego Lake on any state agency websites or informational sources;
Whereas Glimmerglass State Park, located on the shore of Otsego Lake, is a New York State owned and operated public park and is one of the only, if not the only State Park in the state that is located on a lake of this size, that offers no accessible hard surface boat launch;
Whereas Otsego Lake is one of the few, if not the only, deep cold water lake in the DEC Region IV area and is habitat to publicly funded trophy size cold water fisheries;
Whereas Glimmerglass State Park offers only a non-promoted "car top launch" that is isolated, poorly maintained, unsupervised and dangerous. The launch area offers no parking area, offers a steep, slippery muddy bank from which to launch, and dead fallen trees and debris in the waterway;
BE IT RESOLVED THAT the Schoharie County Conservation Association request that the NYS Conservation Council encourage the State of New York to construct a hard surface, handicapped accessible boat launch at Glimmerglass State Park, town of Springfield, in Otsego County, and to include in this resolution any other lakeside state park, or any other navigable lake in the State of New York that does not offer a hard surface boat launch accessible to the handicapped sportsman.
Contact: Gordon Emerson, 154 Grandview Drive, Cobleskill, NY 12043
518/234-3784 nyoutdrs@nycap.rr.com
Habitat / Access Committee comments: Not approved as written; the purpose is sound, but the language of the "resolved" portion needs changing.
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Subject: Habitat/Access Grants
08-13 Columbia County Passed 45 - 4
Whereas it has come to the attention of members of the NYS Conservation Council that the awarding of Habitat and Access Grants are being done at the sole discretion of the NYS Department of Environmental Conservation (DEC);
Whereas the NYS Department of Environmental Conservation has misinterpreted the guideline in the NYS Finance Laws, Section 83, regarding the Conservation Fund, to include viewing of wildlife as an appropriate reason to approve awarding the monies from the Habitat and Access Fund;
Whereas the NYS Conservation Council was instrumental in setting up and establishing the Habitat and Access Fund;
BE IT RESOLVED that the NYS Conservation Council work with all parties of the State to change the law where needed to allow for a committee made up of one member from each of the following: the NYS Conservation Council, the Conservation Fund Advisory Board and the Fish and Wildlife Management Board, along with the DEC, to determine if all of the Habitat and Access Grant applications meet the criteria as set forth in the law.
BE IT FURTHER RESOLVED that the NYS Conservation Council, the Conservation Fund Advisory Board and the Fish and Wildlife Management Board, along with the DEC, must sign off on all Habitat and Access Grant applications that are approved.
Contact: Don LaValley, 318 Union Street, Hudson, NY 12534
518/828-0955 dlaval@verizonmail.com
Habitat / Access Committee comments: Unanimously approved.
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Subject: Ice Fishing
08-14 Livingston County Passed 33 - 11
Whereas the current statute allows for each individual to have 5 tip-ups in service at any one time;
Whereas the current statute allows for each individual to have 2 hand lines in service at any one time;
Whereas the current statute allows for a combination of 5 tip-ups and 2 hand lines per individual at any one time;
Whereas new designs and technologies that have been introduced into the market are being used as a "tip-up" or a "hand line" in various situations;
Whereas these combinations and multiple uses, and the use of various types of signaling devices, makes it difficult for law enforcement officers to interpret between legal intended use, negligence, or unlawful activities;
Whereas the law enforcement officers must determine the intended use, make a decision on the ice, and go with his/her best interpretation of the law;
Whereas Region 8 officers (ECO’s), as guests of the Livingston County Federation meetings, have expressed a desire for the state of New York to simplify the regulations;
BE IT RESOLVED that the NYSCC seek to eliminate the "intended use" distinction between hand lines and tip-ups and allow each individual to have the maximum of 7 lines in service at any one time, in any combination of hand lines or tip-ups that the fisherman sees fit to use. This provides the flexibility for fishermen of utilizing the current equipment technologies and the ability to mix and match fishing techniques while giving the DEC ECO’s a much "cleaner" law to interpret.
Contact: Robert A. Ciecierega, 4529 Carmichael Lane, Geneseo, NY 14454
585/243-3356 rciecierega@hotmail.com
Fish Committee comments: Resolution was tabled in discussion, since S. Hurst of the DEC stated that, "This resolution is not needed, as the new regulation regarding ice fishing tip-ups clearly defines the difference between tip-ups and hand lines."
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Subject: Salt Water Fishing License
08-15 Nassau County Failed 12 - 37
Whereas enactment of a tax to fish in the marine district would be an additional burden imposed on an already overtaxed constituency;
Whereas it is already expensive to fish in salt water because fishermen buy boats, gas for boats, gas for vehicles, specialty tackle, and other specialized fishing gear. Furthermore, in Region 1, with over 300 miles of marine coastline, there are fewer than 6 State launch ramps for marine access, causing fishermen to pay local launching fees, parking fees, beach permit fees, overnight permit fees, and other user fees, and causing boat owners to pay hundreds extra for seasonal moorings, and/or thousands extra for season town boat slips.
Whereas for all the existing money spent by fishermen in the marine district, fishermen believe that they currently receive very little in return. By comparison, fishing in the marine district is not as easy as walking out of the house with a fishing pole, and going to a nearby stream, lake, or river, casting into the water and catching a fish. Nor have any of those marine fish been stocked by New York State. None of the 12 current hatcheries supplies any stock of fish to the marine district.
Whereas New York State has a road tax on each gallon of gasoline purchased. Boat owners pay this tax when they purchase fuel for their boats. Years ago, boat owners were able to save fuel receipts, and at season’s end, they applied and were granted a refund of this tax. Today, there are no refunds.
Whereas salt water is much more corrosive on boats, trailers, fishing tackle and equipment; consequently, the marine district fisherman must spend much more money on upkeep and maintenance, which in turn provides additional tax money to the State of New York (as compared to his freshwater counterpart);
Whereas the Magnuson Act, as amended, does not require a salt water fishing license but rather only a registry of salt water fishermen;
Whereas the vast majority (over 95%) of resident salt water anglers are from Regions 1, 2, and 3, and these resident salt water anglers overwhelmingly oppose a salt water fishing license;
Whereas it has been established and confirmed by the United States Supreme Court (most recently in the case of Prinz v United States) that, if and when the federal government desires to collect and/or retain information, the federal government must provide direct funding for those functions, and cannot pass the responsibility for funding to any of the states or other governmental bodies;
BE IT RESOLVED that the NYS Conservation Council shall oppose any and all attempts to create legislation to enact a fee or impose a salt water fishing license on the residents of New York State.
Contact: Charles Bevilacqua, 3 Albert Avenue, Syosset, NY 11791
516/921-1429 cabevil@aol.com
Fish Committee comments: Tabled.
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I mentioned I was involved in the 2004-05 Otter wars! LOL
I asked how many otter were counted/or if the numbers were up. I was told the DEC will have to look at the numbers it may take 2 or 3 years. That the DEC has biologist to do this.
I replied: you don't have to be a biologist to count otter. The DEC's last count consisted of looking for tracks at bridges just after a light snow.
It was also mentioned the DEC has a hot line to report otter. I asked so what is the count? No one knew.
Subject: Trapping
08-16 Saratoga County Passed 47 - 2
Whereas the NYS Department of Environmental Conservation (NYSDEC) had trappers from Wildlife Management Units 5R and 6R supply live otters for relocation into Central and Western New York State;
Whereas Wildlife Management Units 5R and 6R were closed to trapping to conduct an otter study by NYSDEC in 2000;
Whereas NYSDEC stated that Wildlife Management Units 5R and 6R would be reopened for trapping by 2005;
Whereas it is now 2008 and the trapping season for otter in Wildlife Management Units 5R and 6R has not yet been reopened;
Whereas new regulations have been issued to require modified traps for beaver for the protection of the otter;
Whereas these regulations have placed an unfair financial burden on beaver trappers in Wildlife Management Units 5R and 6R;
Whereas field reports by club members state very high numbers of otter sign and visual sightings;
BE IT RESOLVED that we respectfully request the NYS Conservation Council require NYSDEC to reopen the otter trapping season in Wildlife Management Units 5R and 6R as promised by the NYSDEC in 2000.
Contact: Raymond "Mickey" Elliott, 185 Paisley Road #61, Ballston Spa, NY 12020 518/885-9367
William Schwerd, Cornell Cooperative Extension Services, 50 West
High Street, Ballston Spa, NY 12020 518/885-8995
Fur Resources committee comments: Support unanimously.
=========
I argued to make this a 2 day check instead of 48 hours. The federation rep told me it was a good point. Another person mentioned how Grely lives in teh same county with Gordon Batchller , don't ya think they talk.
I just shook my head and sat down.
08-17 Mid-Hudson Valley Fur Harvesters Association Passed 42 - 5
Whereas the 48-hour trap check currently exists in the Northern Zone with the exception of WMU 6K;
Whereas there has been no reported or publicized negativity resulting from the regulation;
Whereas the recently adopted emergency regulations regarding body gripping traps larger than 6" specifically differentiates land and water sets;
Whereas the additional 24 hours between checks will be indifferent with respect to humanity and to the public interest;
BE IT RESOLVED that the NYS Conservation Council promote, initiate and encourage the NYS Department of Environmental Conservation to amend the regulation in such a way as to require all New York State trappers to check water sets and remove furbearers at least once in every 48 hours while maintaining the current definition of a water set.
Fur Resources Committee comments: Support unanimously.
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Subject: Center Fire Rifles for Coyotes
08-18 S.C.O.P.E Passed 44 - 6
Whereas coyote populations nationwide have increased, even in those states that allow year-round hunting of coyotes, to the point where their negative impact on various wildlife populations is the subject of serious debate;
Whereas the present hunting season for coyotes in New York is open from October 1 to March 25 with no bag limit and hunting allowed day or night;
Whereas ECL 11-0931(5)(B) states that possession of a centerfire rifle afield is not permitted, day or night, during any open season for deer in areas restricted to using a shotgun only for deer and that restriction currently applies to 23 counties in New York;
Whereas "during any open season" includes all other seasons for deer, including archery and muzzleloading, seasons that do not involve the use of rifles;
Whereas a strict interpretation of the referenced restriction prevents the use of a centerfire rifle for hunting of coyotes in the 23 affected counties from October 13 until December 18, a period that essentially reduces the coyote season by over 2 months in those counties for those who prefer to use centerfire rifles;
Whereas the use of rimfire rifles such as the .22 and .17 calibers and centerfire handguns of any caliber for the hunting of coyotes is allowed in all counties during all open deer seasons and that these calibers can present the same concerns about poaching of deer that caused the creation of the centerfire restriction;
BE IT RESOLVED that the NYS Conservation Council request appropriate legislative action to repeal ECL 11-0931(5)(B), thereby allowing the use of centerfire rifles for the hunting of coyotes during the entire season in all of the counties of New York where a coyote hunting season is established and where rifles are otherwise allowed for hunting.
Contact: Fred Z. Neff, 7832 East Dead Creek Road, Baldwinsville, NY 13027
315/635-7786 hastamp@twcny.rr.com
Small Game Committee comments: Support.
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Subject: Mourning Doves
08-19 Onondaga County Passed 35 - 13
Whereas the mourning dove (Zenaida Macoura) remains the most populous and prolific game bird in the United States and that according to the U.S. Fish and Wildlife Service report, Mourning Dove Status 2007, "the mourning dove is one of the most widely distributed and abundant birds in North America" and that "more doves are harvested annually than all other migratory game birds combined;"
Whereas the annual natural mortality rate for doves is approximately 70% and that harvest by hunting is approximately 6% and has not been shown to be a significant factor in long term dove population statistics and that the significant recreational and economic impact of a properly managed dove hunting season is recognized by 39 of the lower 48 states that presently allow dove hunting;
Whereas classification of the mourning dove as a federal migratory game bird by the U.S. Fish and Wildlife Service is based upon scientific data that is reviewed annually with regard to dove population trends;
Whereas establishment of a dove hunting season in New York could contribute to an increase in license sales and have a positive economic impact on the state;
Whereas reclassification of the mourning dove to a migratory game bird status in New York would provide an excellent opportunity to involve our young in a positive and enjoyable learning experience before they turn to other, possibly more negative pursuits, a situation that is sadly increasing in our present society;
Whereas Audubon New York has recently indicated that based upon a population conservation perspective, their opinion is that there is no reason to oppose reclassification of the mourning dove as a game bird in New York and that establishment of a well-regulated hunting season in New York should not impose any threat to the viability of mourning dove populations here or elsewhere;
Whereas any initiative to reclassify the mourning dove in New York must include evidence to the NYS Legislature that sportsmen are united in the support of this effort;
BE IT RESOLVED that the NYS Conservation Council petition DEC to survey New York’s sportsmen to ascertain whether the respondent would support the establishment of a mourning dove season in New York and that the results of the survey be disseminated in a timely manner.
Contact: Fred Z. Neff, 7832 East Dead Creek Road, Baldwinsville, NY 13027
315/635-7786 hastamp@twcny.rr.com
Small Game Committee comments: Disapproved due to the difficulty in getting support of the legislature for such an initiative as establishing the mourning dove as a game bird in NYS.
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Subject: Increase Fines
08-20 New York Houndsmen Passed 49 - 0
Whereas the fines imposed on people hunting, fishing and trapping without a license are too low to deter people from doing it;
Whereas increased fines for hunting, fishing and trapping without a license should help to encourage a very high percentage of compliance;
BE IT RESOLVED that the NYSCC seek legislation that would increase the fines for hunting, fishing or trapping without a license.
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Quiet Waters
8 - 21 Emergency Resolution Passed 42 - 3
Basically opposes the proposed Quiet Water Program as written and in principal
Bill
NYS CONSERVATION COUNCIL, INC.
2008 RESOLUTIONS
Subject: Muzzleloading
08-1 Cattaraugus County Failed 9 - 42
Whereas the original intention of the muzzleloader season was to be primitive with patched round ball, side locks and iron sights;
Whereas the modern muzzleloaders of today are of in-line design with scopes, and some models use smokeless powder;
Whereas the ballistics of the modern in-line firearms in feet per second range from 1,500 to 2,000 feet per second;
Whereas the black powder cartridge is 45/70 for example range in feet per second from 900 to 1,500 feet per second;
BE IT RESOLVED that the NYS Conservation Council work with the NYS Department of Environmental Conservation to make legal use of a single shot black powder cartridge firearm with an all lead bullet be used during the muzzleloader seasons of New York State.
Contact: Thomas Vanderbosch, 7932 Utley Road, East Otto, NY 14729
716/257-3510 bosch257@localnet.com
Big Game Committee comments: While we are always looking for increased opportunities, this resolution moves us even further away from the intent of a primitive season. The ballistic data supplied in trying to justify the use of the cartridge arm is misleading and not the only factor to be considered. The effective range of the cartridge arm is far greater, and from an enforcement perspective it would be hard to verify that black powder was being used. For these reasons the Committee voted 10 opposed and 0 in support of this resolution.
Firearms & Ammunition Committee comments: Support with concerns/ reservations. This could give more options and hunting opportunities; however, there is concern that enforcement could present problems: CO’s may have difficulty identifying legally loaded cartridges in the field.
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08-2 Delaware County Failed 22 - 28
Whereas the Northern Zone has had an early muzzleloader season successfully for some time;
Whereas muzzleloader hunters pay the same as archery and presently have a very short season during a cold time of year after a large percentage of deer are already harvested;
Whereas flintlock muzzleloaders are a primitive weapon and would account for a very limited number of deer harvested;
Whereas many hunters are older or for some other reason find it hard to draw a bow;
Whereas an early muzzleloader season would increase hunting opportunity;
BE IT RESOLVED that the NYSCC seek legislation or regulation that would open up a flintlock only, early muzzleloader season in the Southern Zone that would run during the second week of the early bow season.
Contact: Dan Owen, 4935 Co. Hwy. 35, Sidney Center, NY 13839
607/265-3750 dowen1@frontiernet.net
Big Game Committee comments: The committee members had a number of issues with this resolution, mainly with the timing of the proposed season during the existing archery season. Other issues were the exclusion of many other muzzleloaders and no clarification for optics being used. After the committee vote of 8 opposing and 2 supporting, the committee made a recommendation that Delaware County consider amending its resolution which would establish a primitive antlerless (flintlock and traditional caplock, exclude optics) Southern Zone early muzzleloader season at a time that would not conflict with the existing archery season (last week in September).
Firearms & Ammunition Committee comments: Support; this would increase hunting opportunities.
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08-3 Erie County Failed 27 - 33
Whereas no opportunity for increased hunter participation in the southern zone for an early muzzleloader season for deer exists in New York State;
Whereas 7 out of 10 eastern states do offer that opportunity;
Whereas NYS does have an early muzzleloader season in the northern zone;
BE IT RESOLVED that the NYSCC work with the NYSDEC to pursue a regulation change implementing an early muzzleloader season in the southern zone of NYS, to start on the fourth Saturday of October and run for 7 days. Antlerless deer only, DMP’s permitted.
BE IT FURTHER RESOLVED that any single barrel muzzleloader long gun with flintlock, percussion or in-ling ignition, 44 caliber or larger be allowed; scope sights would be permitted.
Contact: Tony Gonnello, Box 247, East Aurora, NY 14052-0247
716/652-4728 tonygun444@yahoo.com
Big Game Committee comments: While the intent of many hunters and organizations is to gain an early southern zone muzzleloader season, many seem to miss the right combination of type of muzzleloader and timing of the ML season. This resolution would include the modern in-line and fall within the existing archery season, two issues of controversy. While some objected to the in-line inclusion, others did not like the last week of October timing. The committee voted 10 opposed and 0 in support of the resolution. Like Delaware County’s resolution, the committee recommended Erie County consider amending its resolution which would establish a primitive antlerless (flintlock and traditional caplock, exclude optics) southern zone early muzzleloader season at a time that would not conflict with the existing archery season (last week in September).
Firearms & Ammunition Committee comments: Support; would increase hunting opportunities.
AMENDED RESOLUTION – ERIE COUNTY This amendment to be presented at the Fall Convention
“Early Muzzleloader Season in New York Southern Zone”
Whereas no opportunity for increased hunter participation in the southern zone for an early muzzleloader season for deer exists in NYS;Whereas 7 out of 10 eastern states do offer that opportunity;Whereas NYS does have an early muzzleloader season in the northern zone;Whereas establishment of an early ML season would deliver additional value to hunting license purchases including ML special license without adding cost to administration and oversight;Whereas The NYS DEC is in need of additional antlerless management efforts in many parts of the Southern Zone;Whereas Northern Zone Hunters have additional value to their license purchase through early archery in Northern Zone commencing in late September, and Southern Zone has no such value-added opportunity;Therefore be it resolved that the NYSCC work with the NYSDEC to pursue a regulation change implementing an early muzzleloader season in the Southern Zone of NYS.
Seven-day season to run September 24 - 30. Anterless deer only. Tags to be used would be left over Big Game Antlered Tag and/ or special ML tag ONLY, but only valid for antlerless deer. No leftover DMPs. Hunters must hold the special ML license. Further that any single barrel muzzleloader long gun with flintlock, percussion or in-line ignition, 44calibre or larger be allowed. Scope sights permitted.
RATIFIED BY ERIE COUNTY FEDERATION ON APRIL 24, 2008
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Subject: Antler Restrictions
08-4 Delaware County Failed 15 - 33
Whereas antler restrictions are not necessary to properly manage the deer population;
Whereas about 25% of the bucks harvested in New York are 2 ½ years old and older;
Whereas some studies show antler restrictions can adversely affect the genetics of the bucks by putting excessive pressure on the best 1 ½ year old bucks;
Whereas New York has been very successful in growing and maintaining a very good population of deer without length or width antler restrictions providing for a wide variety of hunting opportunity;
Whereas there is a large and growing number of areas that are voluntarily doing some form of alternate harvest strategy;
Whereas many sportsmen and women are not focused on older or larger antlered deer and are very happy with any legal deer;
Whereas there are other ways to accomplish increasing the number of bucks for breeding purposes if there is an area where does are not being bred;
Whereas hunters can always choose to exercise self control and utilize peer pressure to voluntarily help to increase the average age of the bucks, and restrictions take away that choice;
Whereas there is a growing number of areas that are posted and off limits to any hunting which helps to increase the age of deer due to no hunting in those areas;
Whereas it is nearly impossible to actually count points in a vast majority of circumstances;
Whereas licenses are valid statewide, not just to the people living in a specific WMU;
Whereas the restrictions could further accelerate the closing of private lands for hunting to the less affluent hunters as lands will more likely be leased for large sums of money;
Whereas for clarity the originators of this resolution do not consider the 3-inch rule to establish which tag to use as being an antler restriction;
BE IT RESOLVED that the NYSCC oppose antler restrictions in any area of New York State and encourage education and volunteerism to achieve increasing the average age of bucks.
Contact: Dan Owen, 4935 Co. Hwy. 35, Sidney Center, NY 13839
607/265-3750 dowen1@frontiernet.net
Big Game Committee cpmments: By far the most controversial topic of the day. John Rybinski was granted the floor to read an article which discusses how the lack of antler restrictions could lead to "privatization" of land and provide less opportunity for the average hunter unless joining a group which "leases" the land for hunting. The pros and cons of this topic were discussed ad-nauseum with many supporting the purposes that AR sets out to accomplish with the ultimate goal of a more balanced herd structure. Others feel that, much like "hunter orange" which has been successful through education at the hunter safety classes, the 3-point rule could be as effective without becoming a regulation. While counting points may be conducive to certain styles of hunting, not all styles allow the luxury of taking time to count antler points. The Committee voted 6 opposed and 4 in support of the resolution.
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Subject: Deer Contraception
08-5 Onondaga County Passed 48 - 1
Whereas venison provides many as a primary and alternative food source;
Whereas the general public should not be exposed to untested chemicals and drugs that may harm them through primary or secondary ingestion;
Whereas deer may become immune to drugs over time;
Whereas whitetail deer can travel over 25 miles searching for food and mates; and uncontained deer treated with contraceptives may leave treated areas to be harvested by hunters unaware of the chemical agents used;
Whereas men, women and children eat venison; and contraceptive chemicals injected into or ingested by deer may have a negative effect on these people;
Whereas hunting to control deer provides organic venison for human consumption;
Whereas hunting is a more humane way of controlling deer populations;
Whereas in using chemicals such as DDT, there might be other hazards further down the food chain as a result of the chemicals used to control deer, such as extinctions of endangered populations;
Whereas contraception is an unnecessary cost to the taxpayers;
Whereas the loss of revenue from the sporting community would be great if contraception was used in place of hunting;
BE IT RESOLVED that the NYS Conservation Council urge the NYS Senate and Assembly to pass legislation banning any use of chemical contraceptives in white tail deer herds within the State of New York.
Contact: Fred Neff, 7832 East Dead Creek Road, Baldwinsville, NY 13027
315/635-7786 hastamp@twcny.rr.com
John Rybinski, 120 Mill Street, Manlius, NY 13104
315/682-9682 john101@windstream.net
Big Game Committee comments: Brief discussion on this topic, including input from DEC representatives, led to unanimous support for this resolution. While DEC is the only entity that currently has the authority to perform this, there are very few areas where it would be practical to implement this management practice. In addition, it would be very hard to be species specific and not affect other species in the wild. It would be highly cost prohibitive and tends to violate the basic conservation code. Until harvest management is ineffective there would be no need to utilize this practice.
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Subject: Equal Opportunity for Disabled/Senior Hunters
08-6 Otsego County Passed 45 - 4
Whereas it has come to the attention of members of the NYS Conservation Council that many of those hunters with disabilities and over the age of 65 cannot participate and enjoy the early archery seasons because they are physically unable to draw and hold a conventional bow;
Whereas there are many of our men and women returning from Iraq and Afghanistan with disabling injuries that make it impossible to use conventional archery equipment;
Whereas the numbers of senior and disabled big game hunters are increasing, but the numbers of senior and disabled who are able to archery hunt are decreasing;
Whereas the State of New York recognizes senior and disabled hunters with a reduced-fee license and other privileges;
BE IT RESOLVED that the NYS Conservation Council work with all parties of the State to change regulations and laws where needed to allow those hunters who qualify for a senior or disabled big game hunting license to also qualify for a senior or disabled archery license that would allow the use of a bow with a mechanical device to bring the bow to full draw and hold it at full draw, or to use a crossbow.
BE IT FURTHER RESOLVED that the NYS Conservation Council work with all parties of the State to change regulations and laws where needed to make it legal for those individuals who qualify to purchase a senior or disabled archery license, to use a bow with a mechanical device to bring the bow to full draw and hold it at full draw until the hunter is ready to shoot, or use a crossbow.
BE IT FURTHER RESOLVED that the NYS Conservation Council work with the NYS Department of Environmental Conservation to set up a special season before the regular archery season for those hunters holding a senior or disabled archery license, or allow senior and disabled hunters to hunt during the archery season. This includes all areas open to archery-only hunting.
Contact: David McLean, Box 335 Gulf Road, Burlington Flats, NY 13315
607/965-8084
Harold Palmer, 554 Chaseville Road, Maryland, NY 12116
607/638-9013
Big Game Committee comments: There is current legislation in the DEC bill proposals which would address hunters meeting the criteria status. All normal provisions for meeting regular season and special season requirements will be in effect. While one of the provisions of the resolution was to create an early season for these individuals, there was some concern as to the numbers of hunters this would bring out. While not completely in favor of the special season, the committee voted 9 to support and 1 to oppose the general intent of the resolution.
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Subject: Use of Crossbow
08-7 Yates County Passed 42 - 8
Whereas the average age of big game hunters in New York State exceeds 52 and continues to increase while DECALS continues to register year-to-year decreases in the sales of big game hunting licenses, recording a double-digit decline for 2007-08;
Whereas as a hunter’s age increases, physical abilities become more limited, and the strength to accurately and humanely utilize existing archery equipment becomes impaired thereby causing increasing numbers of older hunters to forego participation in archery based hunting seasons;
Whereas the Conservation Fund, by Department of Environmental Conservation estimates, is currently operating with an estimated $21 million deficit and said deficit puts deer management programs at risk which affects the general public in terms of agricultural deprivation, residential landscaping losses and increased traffic accidents which translate to increased insurance costs;
Whereas loss of adequate conservation funding transcends game management to adversely affect most other outdoor activities;
BE IT RESOLVED that the NYS Conservation Council support a change to the Environmental Conservation Law to enable the use of a crossbow as a legal hunting instrument in all big game seasons, for hunters aged 60 and older and for any hunter who lawfully possesses a handicapped certificate authorized by a doctor and issued by their respective town clerk.
Contact: Keith Kappel, 4594 Lakeview Road, Dundee, NY 14837
607/243-7479
Big Game Committee comments: Same discussion as previous resolution. Committee recommends amending resolution to raise age to 65 years old and remove town clerks from authorizing certificates. Committee voted 3 in support and 7 opposed to resolution as written. If amended, 8 would support and 1 would be opposed.
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Here is a waste of time in my opinion. Every friggin year this comes up
BPB
Subject: Blaze Orange
08-8 Yates County Failed 10 - 39
Whereas New York State currently does not mandate the use of "hunter orange," even though 40 states currently do mandate wearing of blaze orange. Four out of five of New York State’s neighboring states (the exception being Vermont) mandate the wearing of blaze orange as a hunter safety tool;
Whereas the use of blaze orange has proven to be very effective in reducing visibility-related accidents; NYS DEC states that big game hunters who don’t wear blaze orange are 8 times more likely to be shot by another hunter, and 32 times more likely to be killed in a two-party hunting related shooting incident;
Whereas the NYS Hunter Education Program stresses the importance of wearing blaze orange to new hunters, since it is so important to stress the safety advantages of wearing blaze orange to new hunters, it is hypocritical to not stress the same safety factors to the existing hunter population;
Whereas the NYS Hunter Education Program strongly encourages students to be sure of their target and what is beyond their target before firing; mandatory use of blaze orange would help all hunters determine that their target and what is beyond is safe;
Whereas in the past 30 years as blaze orange requirements have increased, hunting accidents have dropped more than 60%, essentially saving deer hunting traditions for future generations;
Whereas over the years 1989-2002, 22 New York State deer hunters were killed when mistaken for deer; of those 22 fatalities, only one hunter was wearing blaze orange, and that hunter was killed after sunset;
Whereas NYS DEC states that in the years 1994-2003, 534,000 deer hunters wore blaze orange and zero of them were mistaken for game and killed; during the same ten years, 108,000 deer hunters did not wear blaze orange and 15 of them were mistaken for game and killed. Wearing blaze orange saves lives.
Whereas NYS DEC surveys of hunters in 1991 and 1996 show that 73% approve of mandatory wearing of blaze orange while afield;
Whereas the cost of compliance with mandatory blaze orange is reasonable as the cost of a blaze orange hat and vest is approximately $25;
Whereas success rates of big game hunters do not decrease by the wearing of blaze orange; the State of Pennsylvania, our neighbor sharing New York State’s largest border, requires 250 square inches of blaze orange while harvesting 350,000 to 500,000 deer per year;
BE IT RESOLVED that the NYS Conservation Council initiate and secure the passage of legislation that would require a minimum of 250 square inches of blaze orange clothing be worn by hunters pursuing big game during the regular big game season.
BE IT FURTHER RESOLVED that the NYS Conservation Council encourage the NYS DEC to strongly recommend the voluntary use of blaze orange during other firearm seasons, and by non-hunters who go afield during hunting seasons.
Contact: Dennis Race, 250A West Lake Road, Penn Yan, NY 14527
315/536-7194 crossbow@dennisrace.com
Big Game Committee comments: While not a new topic or resolution, the committee feels that this is a personal choice for wearing blaze orange during the big game season and should not be regulated. Committee voted 1 in support and 8 opposed to the resolution.
----------------------------------------------
Subject: Boat Launching
08-9 Livingston County Passed 32 - 16
Whereas a fee of $6.00 is currently being charged to enter, park and/or utilize a boat launch site;
Whereas the responsibilities and operation of many of the state launch sites have been transferred from the DEC to the NYS Office of Parks, Recreation and Historic Preservation over many years;
Whereas the NYS Office of Parks, Recreation and Historic Preservation does not consider that there is any difference between a boat launch site and any other state park; thus the same fee is imposed on all users;
Whereas some state parks have multiple uses; and other state parks have one primary use, and that is a boat launch facility which could and should be differentiated from a "typical state park;"
Whereas any launch sites that have not been transferred to the NYS Office of Parks, Recreation and Historic Preservation and are still under DEC ownership are free launch sites;
Whereas the NYS Office of Parks, Recreation and Historic Preservation does not consider the current fee to be a boat launch fee, but rather a site user fee for parking and/or other recreational purposes;
Whereas the NYS Office of Parks, Recreation and Historic Preservation considers the fee a normal park entrance and use fee for fishermen as well as non-fishermen;
Whereas any fishermen or women fishing in New York State waters must also have in possession a current year fishing license;
Whereas fishermen or women who utilize boats as their fishing vehicle must also pay fees for boat and trailer registrations plus the taxes on gas, oil, other fishing and boat related support equipment, and even bait;
Whereas all fees (launch fees, registrations for boat and trailer, and inspections) are all considered forms of taxes;
Whereas fishing license fees paid to the State of New York are put into a special Conservation Fund so construction, updating, maintenance projects, and operational fees can be budgeted for future years;
Whereas the Wallop-Breaux Amendment of 1984 has provided grants to the State of New York for the construction of launch sites from the revenues of fishing equipment and the taxes from motorboat fuel sales;
Whereas New York State fishermen (boaters or shore fishermen) consider that their license fees and taxes paid to New York State throughout the years have been enough compensation paid out and that the current boat launch fee is unjustified;
BE IT RESOLVED that the NYSCC seek sponsorship to change the current New York State Office of Parks, Recreation and Historic Preservation fee structure to allow the following:
a. That any fisherman or woman with a valid and current New York State fishing license entering any state park that has a boat launch site, with the primary intent to fish via a boat or from shore be allowed to utilize that boat launch site and parking area with no other fee attached.
b. This does not pertain to any other state park facilities that do not have a primary revenue of fees for vehicle parking for launching boats and other boating activities.
c. This is a statewide resolution for all New York waters.
Contact: Robert A. Ciecierega, 4529 Carmichael Lane, Geneseo, NY 14454
585/243-3356 rciecierega@hotmail.com
Fish Committee comments: Opposed as written. The committee felt there were too many loopholes.
---------------------------------------------------
08-10 Otsego County Passed 27 - 21
Whereas it has come to the attention of members of the NYS Conservation Council that many of the cartop boat launches on State property are inaccessible to boaters with disabilities or the elderly;
Whereas many disabled and elderly boaters carry on trailers their boats that would normally be considered "cartop" boats;
Whereas the elderly and the disabled may not be able to walk very far;
Whereas there is no definition as to which boats would be classified as a "cartop" boat;
BE IT RESOLVED that the NYS Conservation Council work with the NYS Department of Environmental Conservation to set the definition of a "cartop boat" as "any boat or canoe not having a steering console which two able-bodied adults can pick up and carry a distance equal to the length of the boat or canoe."
BE IT FURTHER RESOLVED that the NYS Conservation Council work with the NYS Department of Environmental Conservation and the NYS Office of Parks, Recreation and Historic Preservation to ensure that all cartop boat launch sites on State lands have a ramp designed to allow a small boat trailer to be backed to the edge of the water. A barrier should prevent the trailer tires from entering the water, but be close enough to allow the cartop boat to be slid into the water from the trailer and retrieved from the water directly to the trailer. This would allow boaters who have disabilities, or the elderly, to access the water.
BE IT FURTHER RESOLVED that the NYS Conservation Council work with the NYS Department of Environmental Conservation and the NYS Office of Parks, Recreation and Historic Preservation to ensure that all cartop boat launch sites have a parking area adjacent to the launch site that is large enough to accommodate at least ten vehicles, or five vehicles with small trailers.
Contact: David McLean, Box 335 Gulf Road, Burlington Flats, NY 13315
607/965-8084
Harold Palmer, 554 Chaseville Road, Maryland, NY 12116
607/638-9013
Habitat / Access Committee comments: Not approved as written; the purpose is sound, but the language of the "resolved" portion needs changing.
Fish Committee comments: Support.
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08-11 Schoharie County Passed 28 - 21
Whereas within the boundaries of Schoharie County there are no handicapped accessible hard-surfaced boat launches along the shorelines of the Schoharie Creek;
Whereas the Schoharie Recreational Commission is commencing a recreational project resulting in a walking path along or near the shore of the Schoharie Creek near the Schoharie Commercial Park;
Whereas the Schoharie Commercial Park area affords generous parking, public supervision, retail businesses and an easy access to all from Exit 23 of I-88, this location provides the safest and most accessible site in the county to both local and out-of-area users;
BE IT RESOLVED THAT the Schoharie County Conservation Association hereby requests that the NYS Conservation Council insist that the State of New York support the cost of constructing from the appropriate funds a hard-surfaced handicapped accessible boat launch at or near the TEA 21 Walking Path Project. Included in this resolution is a request that all navigable waterways in the State of New York be afforded hard-surfaced handicapped accessible boat launches.
Contact: Gordon Emerson, 154 Grandview Drive, Cobleskill, NY 12043
518/234-3784 nyoutdrs@nycap.rr.com
Habitat / Access Committee comments: Not approved as written; the purpose is sound, but the language of the "resolved" portion needs changing.
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08-12 Schoharie County Failed 23 - 25
Whereas Otsego Lake in Otsego County has very little, if any, public boating access sites to the Lake and has no state nor any other boat launching sites listed for Otsego Lake on any state agency websites or informational sources;
Whereas Glimmerglass State Park, located on the shore of Otsego Lake, is a New York State owned and operated public park and is one of the only, if not the only State Park in the state that is located on a lake of this size, that offers no accessible hard surface boat launch;
Whereas Otsego Lake is one of the few, if not the only, deep cold water lake in the DEC Region IV area and is habitat to publicly funded trophy size cold water fisheries;
Whereas Glimmerglass State Park offers only a non-promoted "car top launch" that is isolated, poorly maintained, unsupervised and dangerous. The launch area offers no parking area, offers a steep, slippery muddy bank from which to launch, and dead fallen trees and debris in the waterway;
BE IT RESOLVED THAT the Schoharie County Conservation Association request that the NYS Conservation Council encourage the State of New York to construct a hard surface, handicapped accessible boat launch at Glimmerglass State Park, town of Springfield, in Otsego County, and to include in this resolution any other lakeside state park, or any other navigable lake in the State of New York that does not offer a hard surface boat launch accessible to the handicapped sportsman.
Contact: Gordon Emerson, 154 Grandview Drive, Cobleskill, NY 12043
518/234-3784 nyoutdrs@nycap.rr.com
Habitat / Access Committee comments: Not approved as written; the purpose is sound, but the language of the "resolved" portion needs changing.
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Subject: Habitat/Access Grants
08-13 Columbia County Passed 45 - 4
Whereas it has come to the attention of members of the NYS Conservation Council that the awarding of Habitat and Access Grants are being done at the sole discretion of the NYS Department of Environmental Conservation (DEC);
Whereas the NYS Department of Environmental Conservation has misinterpreted the guideline in the NYS Finance Laws, Section 83, regarding the Conservation Fund, to include viewing of wildlife as an appropriate reason to approve awarding the monies from the Habitat and Access Fund;
Whereas the NYS Conservation Council was instrumental in setting up and establishing the Habitat and Access Fund;
BE IT RESOLVED that the NYS Conservation Council work with all parties of the State to change the law where needed to allow for a committee made up of one member from each of the following: the NYS Conservation Council, the Conservation Fund Advisory Board and the Fish and Wildlife Management Board, along with the DEC, to determine if all of the Habitat and Access Grant applications meet the criteria as set forth in the law.
BE IT FURTHER RESOLVED that the NYS Conservation Council, the Conservation Fund Advisory Board and the Fish and Wildlife Management Board, along with the DEC, must sign off on all Habitat and Access Grant applications that are approved.
Contact: Don LaValley, 318 Union Street, Hudson, NY 12534
518/828-0955 dlaval@verizonmail.com
Habitat / Access Committee comments: Unanimously approved.
--------------------------------------------
Subject: Ice Fishing
08-14 Livingston County Passed 33 - 11
Whereas the current statute allows for each individual to have 5 tip-ups in service at any one time;
Whereas the current statute allows for each individual to have 2 hand lines in service at any one time;
Whereas the current statute allows for a combination of 5 tip-ups and 2 hand lines per individual at any one time;
Whereas new designs and technologies that have been introduced into the market are being used as a "tip-up" or a "hand line" in various situations;
Whereas these combinations and multiple uses, and the use of various types of signaling devices, makes it difficult for law enforcement officers to interpret between legal intended use, negligence, or unlawful activities;
Whereas the law enforcement officers must determine the intended use, make a decision on the ice, and go with his/her best interpretation of the law;
Whereas Region 8 officers (ECO’s), as guests of the Livingston County Federation meetings, have expressed a desire for the state of New York to simplify the regulations;
BE IT RESOLVED that the NYSCC seek to eliminate the "intended use" distinction between hand lines and tip-ups and allow each individual to have the maximum of 7 lines in service at any one time, in any combination of hand lines or tip-ups that the fisherman sees fit to use. This provides the flexibility for fishermen of utilizing the current equipment technologies and the ability to mix and match fishing techniques while giving the DEC ECO’s a much "cleaner" law to interpret.
Contact: Robert A. Ciecierega, 4529 Carmichael Lane, Geneseo, NY 14454
585/243-3356 rciecierega@hotmail.com
Fish Committee comments: Resolution was tabled in discussion, since S. Hurst of the DEC stated that, "This resolution is not needed, as the new regulation regarding ice fishing tip-ups clearly defines the difference between tip-ups and hand lines."
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Subject: Salt Water Fishing License
08-15 Nassau County Failed 12 - 37
Whereas enactment of a tax to fish in the marine district would be an additional burden imposed on an already overtaxed constituency;
Whereas it is already expensive to fish in salt water because fishermen buy boats, gas for boats, gas for vehicles, specialty tackle, and other specialized fishing gear. Furthermore, in Region 1, with over 300 miles of marine coastline, there are fewer than 6 State launch ramps for marine access, causing fishermen to pay local launching fees, parking fees, beach permit fees, overnight permit fees, and other user fees, and causing boat owners to pay hundreds extra for seasonal moorings, and/or thousands extra for season town boat slips.
Whereas for all the existing money spent by fishermen in the marine district, fishermen believe that they currently receive very little in return. By comparison, fishing in the marine district is not as easy as walking out of the house with a fishing pole, and going to a nearby stream, lake, or river, casting into the water and catching a fish. Nor have any of those marine fish been stocked by New York State. None of the 12 current hatcheries supplies any stock of fish to the marine district.
Whereas New York State has a road tax on each gallon of gasoline purchased. Boat owners pay this tax when they purchase fuel for their boats. Years ago, boat owners were able to save fuel receipts, and at season’s end, they applied and were granted a refund of this tax. Today, there are no refunds.
Whereas salt water is much more corrosive on boats, trailers, fishing tackle and equipment; consequently, the marine district fisherman must spend much more money on upkeep and maintenance, which in turn provides additional tax money to the State of New York (as compared to his freshwater counterpart);
Whereas the Magnuson Act, as amended, does not require a salt water fishing license but rather only a registry of salt water fishermen;
Whereas the vast majority (over 95%) of resident salt water anglers are from Regions 1, 2, and 3, and these resident salt water anglers overwhelmingly oppose a salt water fishing license;
Whereas it has been established and confirmed by the United States Supreme Court (most recently in the case of Prinz v United States) that, if and when the federal government desires to collect and/or retain information, the federal government must provide direct funding for those functions, and cannot pass the responsibility for funding to any of the states or other governmental bodies;
BE IT RESOLVED that the NYS Conservation Council shall oppose any and all attempts to create legislation to enact a fee or impose a salt water fishing license on the residents of New York State.
Contact: Charles Bevilacqua, 3 Albert Avenue, Syosset, NY 11791
516/921-1429 cabevil@aol.com
Fish Committee comments: Tabled.
------------------------------------------
I mentioned I was involved in the 2004-05 Otter wars! LOL
I asked how many otter were counted/or if the numbers were up. I was told the DEC will have to look at the numbers it may take 2 or 3 years. That the DEC has biologist to do this.
I replied: you don't have to be a biologist to count otter. The DEC's last count consisted of looking for tracks at bridges just after a light snow.
It was also mentioned the DEC has a hot line to report otter. I asked so what is the count? No one knew.
Subject: Trapping
08-16 Saratoga County Passed 47 - 2
Whereas the NYS Department of Environmental Conservation (NYSDEC) had trappers from Wildlife Management Units 5R and 6R supply live otters for relocation into Central and Western New York State;
Whereas Wildlife Management Units 5R and 6R were closed to trapping to conduct an otter study by NYSDEC in 2000;
Whereas NYSDEC stated that Wildlife Management Units 5R and 6R would be reopened for trapping by 2005;
Whereas it is now 2008 and the trapping season for otter in Wildlife Management Units 5R and 6R has not yet been reopened;
Whereas new regulations have been issued to require modified traps for beaver for the protection of the otter;
Whereas these regulations have placed an unfair financial burden on beaver trappers in Wildlife Management Units 5R and 6R;
Whereas field reports by club members state very high numbers of otter sign and visual sightings;
BE IT RESOLVED that we respectfully request the NYS Conservation Council require NYSDEC to reopen the otter trapping season in Wildlife Management Units 5R and 6R as promised by the NYSDEC in 2000.
Contact: Raymond "Mickey" Elliott, 185 Paisley Road #61, Ballston Spa, NY 12020 518/885-9367
William Schwerd, Cornell Cooperative Extension Services, 50 West
High Street, Ballston Spa, NY 12020 518/885-8995
Fur Resources committee comments: Support unanimously.
=========
I argued to make this a 2 day check instead of 48 hours. The federation rep told me it was a good point. Another person mentioned how Grely lives in teh same county with Gordon Batchller , don't ya think they talk.
I just shook my head and sat down.
08-17 Mid-Hudson Valley Fur Harvesters Association Passed 42 - 5
Whereas the 48-hour trap check currently exists in the Northern Zone with the exception of WMU 6K;
Whereas there has been no reported or publicized negativity resulting from the regulation;
Whereas the recently adopted emergency regulations regarding body gripping traps larger than 6" specifically differentiates land and water sets;
Whereas the additional 24 hours between checks will be indifferent with respect to humanity and to the public interest;
BE IT RESOLVED that the NYS Conservation Council promote, initiate and encourage the NYS Department of Environmental Conservation to amend the regulation in such a way as to require all New York State trappers to check water sets and remove furbearers at least once in every 48 hours while maintaining the current definition of a water set.
Fur Resources Committee comments: Support unanimously.
---------------------------------------------------------------
Subject: Center Fire Rifles for Coyotes
08-18 S.C.O.P.E Passed 44 - 6
Whereas coyote populations nationwide have increased, even in those states that allow year-round hunting of coyotes, to the point where their negative impact on various wildlife populations is the subject of serious debate;
Whereas the present hunting season for coyotes in New York is open from October 1 to March 25 with no bag limit and hunting allowed day or night;
Whereas ECL 11-0931(5)(B) states that possession of a centerfire rifle afield is not permitted, day or night, during any open season for deer in areas restricted to using a shotgun only for deer and that restriction currently applies to 23 counties in New York;
Whereas "during any open season" includes all other seasons for deer, including archery and muzzleloading, seasons that do not involve the use of rifles;
Whereas a strict interpretation of the referenced restriction prevents the use of a centerfire rifle for hunting of coyotes in the 23 affected counties from October 13 until December 18, a period that essentially reduces the coyote season by over 2 months in those counties for those who prefer to use centerfire rifles;
Whereas the use of rimfire rifles such as the .22 and .17 calibers and centerfire handguns of any caliber for the hunting of coyotes is allowed in all counties during all open deer seasons and that these calibers can present the same concerns about poaching of deer that caused the creation of the centerfire restriction;
BE IT RESOLVED that the NYS Conservation Council request appropriate legislative action to repeal ECL 11-0931(5)(B), thereby allowing the use of centerfire rifles for the hunting of coyotes during the entire season in all of the counties of New York where a coyote hunting season is established and where rifles are otherwise allowed for hunting.
Contact: Fred Z. Neff, 7832 East Dead Creek Road, Baldwinsville, NY 13027
315/635-7786 hastamp@twcny.rr.com
Small Game Committee comments: Support.
----------------------------------------------------
Subject: Mourning Doves
08-19 Onondaga County Passed 35 - 13
Whereas the mourning dove (Zenaida Macoura) remains the most populous and prolific game bird in the United States and that according to the U.S. Fish and Wildlife Service report, Mourning Dove Status 2007, "the mourning dove is one of the most widely distributed and abundant birds in North America" and that "more doves are harvested annually than all other migratory game birds combined;"
Whereas the annual natural mortality rate for doves is approximately 70% and that harvest by hunting is approximately 6% and has not been shown to be a significant factor in long term dove population statistics and that the significant recreational and economic impact of a properly managed dove hunting season is recognized by 39 of the lower 48 states that presently allow dove hunting;
Whereas classification of the mourning dove as a federal migratory game bird by the U.S. Fish and Wildlife Service is based upon scientific data that is reviewed annually with regard to dove population trends;
Whereas establishment of a dove hunting season in New York could contribute to an increase in license sales and have a positive economic impact on the state;
Whereas reclassification of the mourning dove to a migratory game bird status in New York would provide an excellent opportunity to involve our young in a positive and enjoyable learning experience before they turn to other, possibly more negative pursuits, a situation that is sadly increasing in our present society;
Whereas Audubon New York has recently indicated that based upon a population conservation perspective, their opinion is that there is no reason to oppose reclassification of the mourning dove as a game bird in New York and that establishment of a well-regulated hunting season in New York should not impose any threat to the viability of mourning dove populations here or elsewhere;
Whereas any initiative to reclassify the mourning dove in New York must include evidence to the NYS Legislature that sportsmen are united in the support of this effort;
BE IT RESOLVED that the NYS Conservation Council petition DEC to survey New York’s sportsmen to ascertain whether the respondent would support the establishment of a mourning dove season in New York and that the results of the survey be disseminated in a timely manner.
Contact: Fred Z. Neff, 7832 East Dead Creek Road, Baldwinsville, NY 13027
315/635-7786 hastamp@twcny.rr.com
Small Game Committee comments: Disapproved due to the difficulty in getting support of the legislature for such an initiative as establishing the mourning dove as a game bird in NYS.
--------------------------------------------------
Subject: Increase Fines
08-20 New York Houndsmen Passed 49 - 0
Whereas the fines imposed on people hunting, fishing and trapping without a license are too low to deter people from doing it;
Whereas increased fines for hunting, fishing and trapping without a license should help to encourage a very high percentage of compliance;
BE IT RESOLVED that the NYSCC seek legislation that would increase the fines for hunting, fishing or trapping without a license.
------------------------------------------------------
Quiet Waters
8 - 21 Emergency Resolution Passed 42 - 3
Basically opposes the proposed Quiet Water Program as written and in principal
Saturday, September 27, 2008
Ballistic Evidence crime lab shut down!
Makes you ask just how effective New York's COBIS program is.
Detroit Police lab shut down after probe finds errors
BY BEN SCHMITT AND JOE SWICKARD • FREE PRESS STAFF WRITERS •September 25, 2008
The Detroit Police crime lab is so riddled with errors that officials ordered an immediate shut down today, saying that the local criminal justice system could be at risk. A Michigan State Police audit of the Detroit Police firearms lab revealed a 10% error rate in ballistic evidence and led to Wayne County Prosecutor Kym Worthy and Police Chief James Barren to announce the closing of all operations of the crime lab.
"If we have even one person in prison on evidence that was improperly done, that's a huge problem," Worthy said. "As prosecutors we completely rely on the findings of police crime lab experts every day in court and we present this information to juries. And when there are failures of this magnitude, there is a complete betrayal of trust."The audit said: "If this 10 % error-rate holds, the negative impact on the judicial system would be substantial, with a strong likelihood of wrongful convictions and a valid concern about numerous appeals.
"Questions about the firearms testing in the Detroit lab were raised in April after defense attorney Marvin Barnett determined that police mishandled evidence in a shooting case. Former Chief Ella Bully-Cummings closed the firearms unit and requested the State Police to conduct an audit.Barnett was trying a double homicide case and questioned whether 42spent shell casings could have come from the same weapon as the crime lab indicated.
He hired former Michigan State Police firearms examiner David Balash to review the evidence, and determined that 17casings came from one weapon and 25 came from a second weapon."Oh My God I cant tell you how catastrophic this is," Balash said today after learning about the audit "That kind of number – I never would have thought it. You could have people in prison who shouldn't be there."Detroit Mayor Ken Cockrel Jr. also attended a press conference this morning at Detroit Police Headquarters to announce the findings.
Cockrel and Barren made the decision to close the entire lab, which also handles fingerprints, DNA and drug evidence."I want to make it very clear that the problems that have since been uncovered as a result of this audit did not occur on my watch,"Cockrel said. "However they have now come to light on my watch. We have a serious problem within the crime lab."Worthy said members of her staff will team up with Barren and Michigan State Police investigators to review crime lab findings.
The problems could lead to numerous appeals, Worthy said."It's a huge can of worms," she said, adding that criminal charges are a possibility.All 68 employees of Detroit's crime lab will be reassigned while an examination into what caused the problems takes place, Barren said."I assure you we're one team and we're going to get to the bottom of this," he said.
Detroit Police lab shut down after probe finds errors
BY BEN SCHMITT AND JOE SWICKARD • FREE PRESS STAFF WRITERS •September 25, 2008
The Detroit Police crime lab is so riddled with errors that officials ordered an immediate shut down today, saying that the local criminal justice system could be at risk. A Michigan State Police audit of the Detroit Police firearms lab revealed a 10% error rate in ballistic evidence and led to Wayne County Prosecutor Kym Worthy and Police Chief James Barren to announce the closing of all operations of the crime lab.
"If we have even one person in prison on evidence that was improperly done, that's a huge problem," Worthy said. "As prosecutors we completely rely on the findings of police crime lab experts every day in court and we present this information to juries. And when there are failures of this magnitude, there is a complete betrayal of trust."The audit said: "If this 10 % error-rate holds, the negative impact on the judicial system would be substantial, with a strong likelihood of wrongful convictions and a valid concern about numerous appeals.
"Questions about the firearms testing in the Detroit lab were raised in April after defense attorney Marvin Barnett determined that police mishandled evidence in a shooting case. Former Chief Ella Bully-Cummings closed the firearms unit and requested the State Police to conduct an audit.Barnett was trying a double homicide case and questioned whether 42spent shell casings could have come from the same weapon as the crime lab indicated.
He hired former Michigan State Police firearms examiner David Balash to review the evidence, and determined that 17casings came from one weapon and 25 came from a second weapon."Oh My God I cant tell you how catastrophic this is," Balash said today after learning about the audit "That kind of number – I never would have thought it. You could have people in prison who shouldn't be there."Detroit Mayor Ken Cockrel Jr. also attended a press conference this morning at Detroit Police Headquarters to announce the findings.
Cockrel and Barren made the decision to close the entire lab, which also handles fingerprints, DNA and drug evidence."I want to make it very clear that the problems that have since been uncovered as a result of this audit did not occur on my watch,"Cockrel said. "However they have now come to light on my watch. We have a serious problem within the crime lab."Worthy said members of her staff will team up with Barren and Michigan State Police investigators to review crime lab findings.
The problems could lead to numerous appeals, Worthy said."It's a huge can of worms," she said, adding that criminal charges are a possibility.All 68 employees of Detroit's crime lab will be reassigned while an examination into what caused the problems takes place, Barren said."I assure you we're one team and we're going to get to the bottom of this," he said.
Friday, September 26, 2008
NBC targeted to halt fur sales
The following is currently being circulated.
Another Boycott, this one to NBC for promoting the sale of animal fur.
NBC Universal television network is involved in advocating the fur trade.
Sign petition!
NO DON'T SIGN IT! JUST READ IT!
http://www.thepetitionsite.com/2/boycott-nbc-for-selling-furs
NBC operates shopping channels such as "ShopNBC!" that traffic in coats made from the pelts of raccoons, foxes, coyotes, rabbits, and others
You can also view this video at the following URL:
http://video.aol.com/video-detail/cedrics-luxe-collection-fringed-knitted-racoon-red-%20fox-and-rex-fur-jacket/3357182163
Pages full of fur on NBC Universal TV network shopping website:
http://www.shopnbc.com/SearchM/Default.aspx?page=LIST&free_text=fur
You guys need to write in or create a petition showing NBC your support to continue in a free market society!
Regards
BPB
Another Boycott, this one to NBC for promoting the sale of animal fur.
NBC Universal television network is involved in advocating the fur trade.
Sign petition!
NO DON'T SIGN IT! JUST READ IT!
http://www.thepetitionsite.com/2/boycott-nbc-for-selling-furs
NBC operates shopping channels such as "ShopNBC!" that traffic in coats made from the pelts of raccoons, foxes, coyotes, rabbits, and others
You can also view this video at the following URL:
http://video.aol.com/video-detail/cedrics-luxe-collection-fringed-knitted-racoon-red-%20fox-and-rex-fur-jacket/3357182163
Pages full of fur on NBC Universal TV network shopping website:
http://www.shopnbc.com/SearchM/Default.aspx?page=LIST&free_text=fur
You guys need to write in or create a petition showing NBC your support to continue in a free market society!
Regards
BPB
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