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Part 113: Public Use Of The Mongaup Valley Wildlife Management Area

(Statutory authority: Environmental Conservation Law, §11-0305, 11-2101)

[Effective 08/25/93]

[Last Amended: August 16, 2006]

Contents:

Sec.

§113.1 Applicability

This Part applies to lands owned by the State of New York, and lands owned by Orange and Rockland Utilities Corp. and Clove Development Corp. over which conservation easements have been acquired by the State, located in the towns of Bethel, Forestburgh, Highland, Lumberland and Thompson in Sullivan County and Deer Park in Orange County and designated by the Department of Environmental Conservation (Department) as the Mongaup Valley Wildlife Management Area (Area).

§113.2 Prohibitions

(a) The prohibitions contained in Part 51 of this Title apply on the Area, except that specific prohibitions set forth in the following sections supersede the provisions of Part 51 in the case of conflict.

(b) Except with the prior written authorization of the Department's Regional Supervisor of Natural Resources, the following acts are prohibited:

(1) Operating a motor vehicle on the Area except on designated access roads and parking areas. Off road vehicles, including but not limited to all terrain vehicles (ATVs), snowmobiles, two, three and four-wheel motorbikes, are prohibited on any access road.

(2) Parking beyond quotas or limits for vehicles in a designated parking area or parking outside of a designated parking area.

(3) Launching of vessels other than from designated launch sites.

(4) Discharging firearms except at wildlife that may be lawfully hunted.

(5) Cutting, damaging or removal of any living vegetation or standing dead vegetation.

(6) Setting or maintaining a fire.

(7) Entering within 200 feet of any dam.

(8) Entering onto the surface of the water or ice on the Mongaup River or Swinging Bridge, Mongaup Falls or Rio Reservoirs, or entering the upland surrounding those waters as designated by posted signs from December l through March 31.

(c) A decision by the Regional Supervisor of Natural Resources to issue or deny written authorization permitting any of the activities listed in subdivision (b) of this section shall be made following consideration of the following and other appropriate criteria:

(1) Public health, safety and welfare.

(2) The desirability of making the area available for recreational, educational and scientific activities.

(3) The needs of persons with disabilities.

(4) Proper management of fish and wildlife resources.

(5) Access during emergencies.

(6) Maintenance of facilities, structures and equipment on the area.

(7) Protection and preservation of the natural environment of the area.

§113.3 Trapping

(a) No person may trap on the area without a valid New York State trapping license and an Area trapping permit available from the Department.

(b) Applications for Area trapping permits may be submitted to the Regional Wildlife Manager, New York State Department of Environmental Conservation, 21 South Putt Corners Road, New Paltz, New York, 12561.

(c) A quota of permits available for each year may be established by the Department based on natural resource management requirements and considerations.

(d) Permits will be issued only to the extent of the quota, on a first-come-first-served basis.

(e) Permittees may trap only those species identified on their permits.

(f) Permittees may trap only in areas and during times specified in their permits.

(g) No person may use exposed bait.

§113.4 Vessels

(a) The use of vessels propelled by electric motors is permitted on the Area.

(b) The use of vessels propelled by gasoline motors is prohibited except on Swinging Bridge Reservoir.

§113.5 Public use of Cliff Lake

(a) Pedestrian access to Cliff Lake is permitted from May 1 through November 30 for fishing only, and is permitted only from the designated parking area on Sands Road via the marked road to the designated boat access site located at the southwest portion of Cliff Lake.

(b) Vessels may only be launched and retrieved at the designated boat access site.

(c) Shoreline fishing is permitted only at the designated boat access site.

(d) Access to and use of Cliff Lake is prohibited from one-half hour after sunset to one-half hour before sunrise.

§113.6 General provisions

(a) All persons entering the Area must comply with all Department signs, including any signs designating a restricted area to which entry by the public is prohibited.

(b) The Department may eject any person from the Area for behavior that endangers the general safety of persons on the Area or interferes with the management and use of the Area's natural resources.