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Part 46: Public Use Of State-Owned Tidal Wetlands

[Last Amended: August 16, 2006]

Contents:

Sec.

§46.1 Applicability

(a) These regulations apply to tidal wetlands, as defined in section 25- 0103 of the Environmental Conservation Law, owned by the State of New York under the jurisdiction of the Department of Environmental Conservation, hereinafter the department.

(b) Activities permitted pursuant to temporary revocable permits are not subject to these regulations.

§46.2 Requirement of permit

(a) Entry onto, or use of, any State-owned tidal wetlands under the jurisdiction of or managed by the department, by any person(s) except authorized agents of the department, is prohibited unless such person(s) possess a valid tidal wetland access permit.

(b) The tidal wetland access permit is issued by the Regional Director, or the Regional Director's designee, for the region in which the wetland is located. Applications for such permits may be made to the Department at the appropriate regional office.

§46.3 Identification and information required for permit

(a) Tidal wetlands access permits may be issued to any person who presents a completed application on a form to be provided by the department.

(b) All applicants for permits or permit renewal must provide any additional information the department may require, including, in the case of a permit renewal, a report of any use made of the tidal wetland pursuant to any prior tidal wetlands access permit. The department will provide report forms.

§46.4 Permits

(a) Access permits are:

(1) issued under terms and conditions deemed appropriate by the department;

(2) nontransferable; and

(3) required to be presented, upon request, to any authorized employee of the department.

(b) Access permits will be issued by the department pursuant to the criteria set forth in section 46.5 of this Part for the purpose of engaging in:

(1) hunting;

(2) fishing, including the legal taking of finfish, shellfish, or crustaceans;

(3) legal trapping of fur-bearing mammals;

(4) nature appreciation;

(5) educational activities;

(6) research activities; and

(7) launching or retrieval of hand-carried small boats such as canoes, car top boats and small sail boats.

§46.5 Criteria for determining permit issuance

(a) The appropriateness of activities for which permits are sought shall be determined by the following criteria:

(1) legality of the activity;

(2) consistency of the activity with the findings of the commissioner for those sites acquired under the Eminent Domain Procedure Law;

(3) consistency of the activity with the character and value of the tidal wetlands for which the access permit is sought; and

(4) consistency of the activity with finding made under article 8, ECL and Part 617 of this Title.

§46.6 Revocation

(a) Access permits may be revoked for:

(1) violation of the Environmental Conservation Law or regulation issued thereunder;

(2) violation of or exceeding the permit or its conditions;

(3) conviction of criminal offense on State-owned tidal wetlands; or

(4) any violation of this Part.

(b) Notice of revocation must be sent to the holder of a permit issued under this Part by certified mail, return receipt requested, and must be signed by the Chief, Bureau of Marine Habitat Protection, or a designee. The notice must advise the permittee of the reason for revocation, the effective date of the revocation and that the revocation may be appealed in writing to the Director, Division of Marine Resources, at the address stated on the notice, within 30 days of receipt of the notice. The director may, upon request, provide the holder with an opportunity to present the matter to the director at the earliest convenient time, but not later than 30 days after the receipt of the request and shall render his written decision within 30 days thereafter.

(c) A person whose access permit has been revoked may not again apply for a tidal wetlands access permit until one year after the effective date of the revocation.

§46.7 Prohibited activities

(a) Prohibitions applicable to all State-owned tidal wetlands managed by the department include:

(1) any use of a motor vehicle, including parking, more than one hour before sunrise or more than one hour after sunset except for specifically permitted nature appreciation, educational or research activities;

(2) overnight camping;

(3) fires;

(4) unleashed dogs, except hunting dogs afield with the permittee in the active pursuit of game;

(5) removal of naturally occurring or introduced flora, whether living or dead, except for specifically permitted research or educational activities;

(6) operation of motorized, wheeled or tracked vehicles and air boats except as specifically permitted activities;

(7) construction, erection or maintenance of any structure, except temporary blinds or temporary structures associated with specifically permitted research or educational activities which are permissible under section 51- 0713 of the Environmental Conservation Law; or

(8) disposal of any solid, liquid or toxic waste material.