2010 RESOLUTIONS
Please note:
Committee comments are recommendations only;
all resolutions will be voted on at the NYSCC Annual Meeting in September to determine a resolution’s passage or failure.
Subject: Public Comment Period for Rule/Reg Changes
# 16-10 Onondaga County
This resolution PASSED at the NYSCC Annual Meeting on September 18, 2010.
Whereas the NYS Department of Environmental Conservation (NYSDEC) is responsible for regulating sport fishing, hunting and trapping within the state, and enforcing the State's environmental laws and regulations;
Whereas the NYSDEC is required by law to submit proposed rule changes, with accompanying statements, to the Department of State for publication in the New York State Register;
Whereas the NYSDEC is required by law to consider public comment for a required statutory period of time (minimum of 45 or 60 days, depending on situation). If substantial changes are required, submit a revised notice for publication in the Register, initiating another (30-day) comment period;
Whereas the NYSDEC made a regulation change in 2006 for the Black Bass (largemouth/ smallmouth) season dates for the State of New York;
Whereas Oneida Lake is the largest inland body of water totally within New York State;
Whereas Black Bass are the most popular game fish species in New York State;
Whereas the NYSDEC made a regulation change in the season dates for Black Bass that are unique to Oneida Lake and not similar to Black Bass regulations on any other body of water in New York State;
Whereas the NYSDEC did not submit this proposed unique rule change to the New York State Register and did not open this change to public comment before making the final regulation change;
BE IT RESOLVED that the NYS Conservation Council demand that the NYSDEC submit rule/regulation changes that deal with hunting, fishing and trapping to the New York State Register and consider a public comment period as required by law.
Contact: Patrick M. Grady 315/491-4299
Legislative Committee comments: No Position. The request in the resolution is already done. When regulations are changed they are posted on the Register for comments. In the case of bass seasons, the regulations were posted, then modified from those comments received. DEC states that when the regulation change was for the whole state, one body of water was not significant enough to warrant reposting of the change that was implemented from comments received.
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