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Part 61: Public Use Of Clay Marsh, Deer Creek Marsh, Howland Island, and Three Mile Bay Wildlife Management Areas and State-Owned Islands On Oneida Lake

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

[effective 09/19/63]

[amended 01/02/85]

Contents:

Sec.

§61.1 Applicability

The provisions of this Part shall apply to Clay Marsh Wildlife Management Area in Onondaga County, to Deer Creek Marsh Wildlife Management Area in Oswego County, to the Howland Island unit of Howland Island Wildlife Management Area in Cayuga County, and to the lakeshore of Three Mile Bay and Big Bay State Wildlife Management Areas and all islands administered by the Division of Fish and Wildlife in the Department of Environmental Conservation on Oneida Lake in Oswego County.

§61.2 Prohibitions

(a) swim;

(b) build, maintain or use a fire, except pursuant to written permission of the Regional Supervisor of Natural Resources or his agent;

(c) camp, or erect or maintain a camp, tent or structure of any kind, except pursuant to written permission of the Regional Supervisor of Natural Resources or his agent;

(d) injure, deface, disturb or befoul any building, sign, equipment or other property;

(e) remove, cut, or willfully damage, deface or destroy living vegetation of any kind, or remove or damage any rock, fossil mineral or historic artifact, except pursuant to written permission of the Regional Supervisor of Natural Resources or his agent;

(f) discard garbage, sewage, refuse, waste, foodstuffs, paper or other litter or obnoxious material, other than in receptacles that may be provided for such purposes;

(g) park other than in a designated parking area;

(h) travel off-road or use a motorcycle, motor scooter, moped, trail bike, snowmobile or any other motorized vehicle, except as specifically permitted by posted notice;

(i) discharge a firearm or longbow in a manner which is hazardous to persons or property;

(j) use a boat operated by mechanical power, except as specifically permitted by posted notice; or

(k) store or moor boats overnight.

§61.3 Waterfowl hunting

(a) No person shall hunt waterfowl unless he/she possesses either a seasonal-use waterfowl hunting permit or he/she is entitled to hunt pursuant to a day-use permit. Additionally, each hunter shall possess a license to hunt small game and, if 16 years of age or older, a Federal duck stamp.

(b) At the Howland Island and Oneida Lake areas, no person shall hunt waterfowl other than from sites designated by the Department of Environmental Conservation.

(c) At the Clay Marsh and Deer Creek Marsh Areas, no person shall enter the areas for waterfowl hunting other than from access points designated by the Department of Environmental Conservation.

(d) Permits.

(1) The number of permits to be issued for each area shall be determined by the department annually.

(2) At Clay Marsh a day-use permit shall be required from the beginning of the season until November 1st, after which a seasonal permit shall be required. At Deer Creek Marsh a seasonal permit shall be required for the entire hunting season. At Howland Island a day-use permit shall be required for the entire season. At Three Mile Bay and Big Bay and at the Department of Environmental Conservation-administered islands in Oneida Lake either a day-use or seasonal permit shall be required as prescribed in paragraph (3) of subdivision (e) of this section.

(3) Day-use permits shall be issued in limited numbers for specific dates and shall not be transferable. No more than three persons shall join in the same application.

(4) Seasonal-use permits shall be issued for an entire waterfowl hunting season to one individual only and shall not be transferable.

(5) Reservations for day-use or seasonal-use waterfowl hunting permits shall be made by visiting the Department of Environmental Conservation, Bureau of Wildlife, Fisher Avenue, Cortland, NY 13045, or by telephoning (607) 753-3095 during normal working hours.

(6) No application for a permit shall be accepted prior to five working days in advance of the hunting date requested.

(e) Hunting regulations.

(1) At Howland Island, no person shall hunt waterfowl between 12 noon and one-half hour before sunrise.

(2) No person shall occupy a site or enter the area from other than the access site designated on his permit.

(3) At Three Mile Bay and Big Bay and at the Department of Environmental Conservation-administered islands in Oneida Lake, waterfowl hunting sites not occupied by a day-use permit party prior to sunrise on any day may be occupied by holders of season permits on a first-come, first-served basis.

(4) No person shall fail to leave the area by one-half hour after sunset, except at Howland Island where all persons shall leave by 1 p.m.

(5) No person shall erect, occupy or hunt from a permanent blind in the areas, except pursuant to written permission of the Regional Supervisor of Natural Resources or his agent, but portable blinds are permitted and dead vegetation may be used to supplement natural cover of portable blinds.

(6) No person shall use a shotgun larger than 12-gauge, or shot larger than number 1 fine when hunting waterfowl.

(7) No person shall have in his possession more than 25 shells at any time.

(8) No person shall fail to be equipped with either hip boots, waders, a boat, or to be accompanied by a retriever dog under his control.

(9) Holders of day-use permits shall complete and return the hunter questionnaire to the Department of Environmental Conservation, Bureau of Wildlife, Fisher Avenue, Cortland, NY 13045, no later than one week following their hunt.

(10) Holders of season permits shall complete and return the hunter questionnaire to the Department of Environmental Conservation, Bureau of Wildlife, Fisher Avenue, Cortland, NY 13045, no later than one week after the end of the season.

§61.4 Fishing

No person shall fish from October 1st through December 31st at Clay Marsh, Deer Creek Marsh and Howland Island.

§61.5 Trapping

(a) No person shall trap unless he possesses a trapping permit issued by the Department of Environmental Conservation and a trapping license.

(b) Applications for a trapping permit shall be submitted in writing, not later than three weeks prior to the opening day of the trapping season, to the Department of Environmental Conservation, Bureau of Wildlife, Fisher Avenue, Cortland, NY 13045.

(c) Each application shall contain the name(s) of up to two trappers, the address of each person, and the trapping license stamp number of each trapper.

(d) Trapping permits shall be issued in limited numbers for an entire trapping season, and shall not be transferable.

(e) No person shall trap any species other than those specified in his/her trapping permit.

(f) Holders of trapping permits shall complete and return the trapping report to the Department of Environmental Conservation, Bureau of Wildlife, Fisher Avenue, Cortland, NY 13045, no later than one week after the end of the trapping season.

§61.6 General provisions

(a) No person shall fail to comply with regulatory signs posted by the Department of Environmental Conservation.

(b) No person shall fail to remove all personal property from the area, including spent shells, at the time of leaving, with the sole exception of the lawfully marked traps of a trapper operating with a valid permit issued pursuant to section 61.5 of this Part.

(c) The department may eject any person from the area for disorderly conduct, intoxication or any other behavior which endangers the general safety of persons or property.

(d) All applicable provisions of the Environmental Conservation Law and rules and regulations adopted pursuant thereto shall be in effect.