|Comment Deadline Extension|
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
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: firstname.lastname@example.org. 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: