Re: [cayugabirds-l] Waterfowl hunting regulation

2015-01-08 Thread Alicia Plotkin
In 2005 the Ithaca City Court ruled that only the State of New York can regulations activities in or on Cayuga Lake because the State has retained its rights to regulate the lake. The court cited a Court of Appeals case that ruled on jurisdiction over activity in Canandaigua Lake. (The Court

Re: [cayugabirds-l] Waterfowl hunting regulation

2015-01-08 Thread Geo Kloppel
I guess the courts have the final say on the validity of Ithaca's ordinance. Concern about the cost and risks associated with jurisdictional disputes may be explanation enough for the lack of enforcement heretofore. But if the city begins to enforce its "No Hunting" ordinance, then DEC will have

Re: [cayugabirds-l] Waterfowl hunting regulation

2015-01-07 Thread Dave Nutter
Here is a more complete quote from that DEC webpage: "It is possible for local municipalities (such as villages and towns) to pass ordinances prohibiting discharge of firearms. Since there are so many municipalities, and the laws can change at any time, DEC cannot keep track of all these ordin

[cayugabirds-l] Waterfowl hunting regulation

2015-01-07 Thread Geo Kloppel
After a careful reading of Title 7 and Title 9 of the state Environmental Conservation Law, I've come around to the view that the Ithaca ordinance prohibiting hunting is unenforceable with respect to the state waters that lie within the city limits, as it conflicts with ECL Section 11-0701[1] and 1