ENB - STATEWIDE NOTICES

The comment deadline for the Long Island Sound TMDL, published in the December 29, 1999 ENB has been changed to February 9, 2000.

Contact: Mr. Richard E. Draper, P.E.; Bureau of Watershed Management, NYSDEC, 50 Wolf Rd., Albany, NY 12233-3508

General Depredation Permit for Canada Geese and Gulls

Statewide - The New York State Department of Environmental Conservation (DEC) proposes to establish a General Depredation Permit for Canada Geese and Gulls, in lieu of issuing individual permits on a case-by-case basis, for certain actions to alleviate property damage and other conflicts associated with these species. The general permit would authorize any person to take Canada geese, ring-billed gulls, herring gulls, or great black-backed gulls in accordance with a valid federal migratory bird depredation permit, federal depredation order or other federal regulation permitting the taking of those species, subject to certain conditions and limitations.

Establishment of a general permit would allow more timely action by property owners to alleviate conflicts associated with geese and gulls and eliminate an administrative burden for the agency and the public. The federal regulatory process ensures adequate protection of migratory bird populations and makes State review and issuance of individual permits an administrative activity in most cases. Establishment of this permit would not have any effect on the methods available to the public for dealing with conflicts associated with geese and gulls. We anticipate annual renewal of this general permit, with revisions as needed.

Public comments on the draft general permit are invited and should be sent to: Bryan Swift, New York State Department of Environmental Conservation, Wildlife Resources Center, 108 Game Farm Road, Delmar, NY 12054; fax (518) 478-3004; e-mail: blswift@gw.dec.state.ny.us. Comments must be received within 30 days of publication of this notice to be considered. If substantive changes are made to the permit in response to public comment, then DEC will publish further notice of those changes. If no substantive changes are made to the permit, then DEC will publish notice that the permit has been adopted in its present form.

Following is the draft text of the proposed general permit: GENERAL DEPREDATION PERMIT FOR CANADA GEESE AND GULLS (Effective February 7 - December 31, 2000)

Section 11-0521 of the Environmental Conservation Law (ECL) authorizes the New York State Department of Environmental Conservation (DEC) to "... issue a permit to any person, to take any wildlife at anytime whenever it becomes a nuisance, destructive to public or private property or a threat to public health or welfare...". In the case of migratory birds, the U.S. Fish and Wildlife Service must also issue a permit before any person can take species protected by federal law. The federal permit process, with DEC input, provides adequate protection of the resource and makes review and issuance of individual State permits unnecessary in most cases.

DEC hereby authorizes any person to take Canada geese or gulls in accordance with a valid federal migratory bird depredation permit, federal depredation order or other federal regulation permitting the taking of migratory birds in accordance with Title 50, Code of Federal Regulations, Part 21, Subpart D (50 CFR 21D: Control of Depredating Birds), subject to the following conditions:

1. Activities carried out under this general permit must be done in accordance with all terms and conditions specified in the federal permit, depredation order or other regulation in 50 CFR 21D.
2. Only the following species may be taken pursuant to this general permit: Canada goose (Branta canadensis), ring-billed gull (Larus delawarensis), herring gull (L. argentatus), and great black-backed gull (L. marinus), within limits specified below. In this permit, the term "gulls" refers only to these three species.
3. Scaring/herding: Any person may scare or herd Canada geese or gulls by any means, including pyrotechnics and dogs, as long as Canada geese or gulls are not physically harmed.
4. Nests and eggs: Any person may take any number of nests or eggs of Canada geese found in any place, and any number of nests or eggs of gulls found on rooftops or other man-made structures or along public walkways, in accordance with a valid federal permit, depredation order or other regulation under 50 CFR 21D. Nests or eggs of these species may be disturbed, destroyed, or treated to prevent hatching. This general permit also satisfies the permit requirements of ECL 11-0505(5).
5. Shooting and euthanasia: No more than the following numbers of birds may be taken by shooting, live-trapping and euthanasia, or hand capture and euthanasia, from any single property or location:
   • Canada geese - no more than 2/day and no more than 20 in any calendar year; and
   • Gulls - no more than 15/day of each species (45 in all) and no more than 250 ring-billed gulls, 250 herring gulls, or 50 great black-backed gulls in any calendar year; taking of gulls permitted at landfills only.
6. Relocation: No Canada geese or gulls may be relocated (live-trapped and released at a different location) under this general permit.
7. Activities carried out under this general permit must be done in accordance with all applicable local laws and regulations.
8. Activities not covered by this general permit may be allowed pursuant to an individual permit from DEC, after the corresponding federal permit or authorization is obtained. For information about federal migratory bird depredation permits, contact: Permit Office, U.S. Fish and Wildlife Service, P.O. Box 779, Hadley, MA 01035-0779, phone (413) 253-8643, fax (413) 253-8482.