Part 2, Section 2.2 - Frogs and Part 3 - Reptiles - Regulatory Impact Statement

REGULATORY IMPACT STATEMENT

1. STATUTORY AUTHORITY

Section 11-0303 of the Environmental Conservation Law (ECL) directs the Department of Environmental Conservation (Department) to develop and carry out programs that will maintain desirable species in ecological balance, and to observe sound management practices. This directive is to be met with regard to ecological factors, the compatibility of production and harvest of wildlife with other land uses, the importance of wildlife for recreational purposes, public safety, and protection of private premises. Specifically, ECL 11-0103 was amended to include all native amphibians and reptiles as small game with ECL Sections 11-0311, 11-0903, 11-0905 and 11-0909 establishing the Department's regulatory authority for setting seasons, bag limits and methods of take for amphibians and reptiles.

2. LEGISLATIVE OBJECTIVES

The legislative objectives behind the statutory provisions listed above was to establish, or authorize the Department to establish by regulation, certain basic wildlife management tools, including the setting of open seasons, and restrictions on methods of take and possession for certain species of wildlife that were previously unprotected. These tools are used by the Department to maintain desirable wildlife species in ecological balance, while observing sound management practices and providing for public use of the resource. The amendments to the ECL pertaining to reptiles and amphibians provide new protections to these species, while allowing the managed harvest of selected turtles and frogs.

3. NEEDS AND BENEFITS

The proposal would establish regulations pertaining to the protection and, in some cases, the regulated harvest of selected species of turtles and frogs.

The proposal would create a season, size limit, and bag limit for harvesting snapping turtles. Snapping turtles have historically been harvested for food in the absence of any regulatory measures to limit harvest. While a few persons may harvest a turtle for their own consumption, several commercial collectors reportedly harvested thousands of turtles using a variety of methods, including taking of turtles prior to the females having nested for the year. This proposal would protect egg-bearing females prior to nesting, and young turtles that have not reached reproductive size, helping to assure self-sustaining populations for the future. It would also provide bag limits (daily and seasonal) for the harvest snapping turtles.

This proposed regulatory change would also restructure existing regulations pertaining to the harvest of frogs and diamondback terrapins so that all regulations dealing with take of these two species groups (reptiles and amphibians) would be in the same Part of the official compilation of Codes, Rules, and Regulations (6 NYCRR).

Finally, the proposed regulation specifically defines "native" lizards, salamanders, and frogs to implement the new provisions of the Environmental Conservation Law that protect these species.

4. COSTS

There are no other costs associated with these regulatory changes beyond normal administrative costs.

5. LOCAL GOVERNMENT MANDATES

This rulemaking does not impose any program, service, duty or responsibility upon any county, city, town, village, school district or fire district.

6. PAPERWORK

The proposed rules do not impose additional reporting requirements upon the regulated public.

7. DUPLICATION

There are no other local, state or federal regulations concerning hunting season structure and license use. The Department is the primary government agency with regulatory authority for the managed harvest of game species in New York.

8. ALTERNATIVES

The only alternative is "No Action," which is not acceptable for any of the elements of this proposed rulemaking. Failure to adopt new regulations would mean that the changes to the Environmental Conservation Law would not be fully implemented.

9. FEDERAL STANDARDS

There are no federal standards affecting this regulatory proposal.

10. COMPLIANCE SCHEDULE

Upon the effective date of the proposed regulation.