The state has the authority to restrict or ban hunting in any area it designates, for any of a variety of reasons, including public safety. And the state already has the resources in place to communicate and enforce such restrictions. If the city or its citizens want a ban in the waters off Stewart Park, the wisest course IMO would be to appeal directly to DEC to impose one, rather than challenge the state's authority by attempting to enforce a city ordinance of dubious validity.
-Geo On Nov 15, 2015, at 8:41 AM, "Kenneth V. Rosenberg" <k...@cornell.edu> wrote: > Missing from this exchange is the fact that it was DEC's top waterfowl > biologist, in consultation with the DEC office in Cortland, who recommended > that the easiest way to resolve the human conflicts was to enforce the > already existing ordinance passed by the City of Ithaca, but not recently > enforced. We welcome the mayor and the City to communicate the results of > their meetings and decisions last winter/ so everyone would stop wondering > about what is legal/possible and what is not. > > Ken > > Sent from my iPhone > > On Nov 15, 2015, at 8:21 AM, Dave Nutter <nutter.d...@me.com> wrote: > >> As you say, it may be that the City would not succeed in a direct assertion >> of the ban. And maybe there will not be a direct challenge. However, it also >> may be that the City or others can convince the State, on the basis of such >> conflicts as Elaina documented in the most wild and remote corner of the >> City, as well as other factors, such as the reliance of such a large >> proportion of the Redhead population on this area, or the illegal chasing of >> ducks by hunters, that this is not an appropriate activity on this part of >> the lake. >> --Dave Nutter >> >> On Nov 15, 2015, at 07:57 AM, Geo Kloppel <geoklop...@gmail.com> wrote: >> >>> >>> Afraid not. That's just where the well-established supremacy of the state's >>> sole authority to regulate hunting comes in. This is not an issue where >>> home rule rights might plausibly be asserted. State-wide regulation of >>> hunting is clearly a preemptive "general law" as defined in Article IX of >>> the state constitution, and elaborated in the state publication linked >>> below, bottom of page 3. >>> >>> https://www.dos.ny.gov/lg/publications/Adopting_Local_Laws_in_New_York_State.pdf >>> >>> -Geo >>> >>>> >>>> The question is whether the City can enforce its ban on the lake. Some >>>> people say not. I thought that last year the mayor said he would test it. >>>> If successful it would make most of the shallows at the south end of the >>>> lake into a waterfowl sanctuary. >>>> --Dave Nutter >>> >>> -- >>> Cayugabirds-L List Info: >>> Welcome and Basics >>> Rules and Information >>> Subscribe, Configuration and Leave >>> Archives: >>> The Mail Archive >>> Surfbirds >>> BirdingOnThe.Net >>> Please submit your observations to eBird! >>> -- >> >> -- >> Cayugabirds-L List Info: >> Welcome and Basics >> Rules and Information >> Subscribe, Configuration and Leave >> Archives: >> The Mail Archive >> Surfbirds >> BirdingOnThe.Net >> Please submit your observations to eBird! >> -- -- Cayugabirds-L List Info: http://www.NortheastBirding.com/CayugabirdsWELCOME http://www.NortheastBirding.com/CayugabirdsRULES http://www.NortheastBirding.com/CayugabirdsSubscribeConfigurationLeave.htm ARCHIVES: 1) http://www.mail-archive.com/cayugabirds-l@cornell.edu/maillist.html 2) http://www.surfbirds.com/birdingmail/Group/Cayugabirds 3) http://birdingonthe.net/mailinglists/CAYU.html Please submit your observations to eBird: http://ebird.org/content/ebird/ --
