While indoor spaces and restrooms at the DEC environmental education centers, hatcheries, and other public facilities are closed out of an abundance of caution to prevent community spread of COVID-19, our grounds and trails are open to welcome visitors during daylight hours, seven days a week. Any entry fees are waived. Public trails in the Adirondack and Catskill Parks and State Forests throughout the state are also always open (please note: there is still snow in many areas, please check local conditions). Find a location near you at www.dec.ny.gov..  As always, State Lands and facilities are being monitored by DEC Forest Rangers and other staff, though interactions with visitors will incorporate social distancing to limit the potential spread of COVID-19.

Families with children at home during this time are encouraged to visit DEC’s education webpage to find activities to help explore nature and fun outdoor activities under “Kids G.O (Get Outside)” and “Nature Activities,” plus lesson plans on a variety of topics for different grade levels in “Educator Lesson Plans” and “Hudson River Lesson Plans.” In addition, students can read about nature in “Conservationist for Kids.”

In addition, New York State sporting licenses for anglers and hunters are available on DEC’s sporting license webpage.

DEC will provide updates periodically via email, social media, and at www.dec.ny.gov. We will also be available to respond to questions or concerns regarding visitation opportunities at contact @ dec.ny.gov.

While enjoying outdoor spaces, please continue to follow the CDC/NYSDOH’s guidelines for preventing the spread of colds, flu, and COVID-19:

• Try to keep at least six (6) feet of distance between you and others.
• Avoid close contact, such as shaking hands, hugging, and kissing.
• Wash hands often or use a hand sanitizer when soap and water are not available.
• Avoid surfaces that are touched often, such as doorknobs, handrails, and playground equipment.

DEC recommends avoiding busy trailheads. Find the trails less traveled and visit when trails may not be as busy during daylight hours. Remember to always be safe and sustainable when recreating outdoors. Learn more about how you can protect natural spaces when exploring outdoors by following the seven principles of Leave no Trace. Please note that campgrounds, boat launches, and other gated facilities that do not typically open until late spring or early summer will open and operate as usual. Visit the campground and day-use area webpage for more information.

A map from the SEIS scoping document being used to pursue state permission to treat areas of Chautauqua Lake with herbicide.

BUFFALO – The Post-Journal is reporting that Chautauqua Institution’s lawsuit against the state Department of Environmental Conservation, Town of Ellery and Chautauqua Lake Partnership will remain in Buffalo.

Judge Donna Siwek of state Supreme Court in Erie County made the decision, agreeing with the argument made by Chautauqua Institution’s lawyers that the institution’s filing is not a continuation of a case brought in February and dismissed in state Supreme Court in Chautauqua County.

Judge Siwek also denied the Institution’s motion to dismiss the Chautauqua Lake Partnership’s attorney from representing it in the proceeding. The sides are now arguing motions to dismiss the petition and the next court date is set for Nov. 14.

The case involves the Institution suing the town of Ellery and the DEC for not following the proper procedure in applying for and allowing the use of herbicides to treat weeds on designated areas of the lake this past June.  The institution feels that more information was needed before the state could grant the herbicide permits and feels that any future herbicide use should be contingent on a new application with a more thorough environmental impact study.

The town of Ellery was the lead municipality in filing for the herbicide permit and did so on behalf of the Chautauqua Lake Partnership, a group that was pushing for herbicide treatment to combat the ever-growing problem of weeds in the lake.

In August the Institution filed a lawsuit against the Town of Ellery and the State Department of Environmental Conservation challenging the process by which the town received state permission to treat areas of Chautauqua Lake with herbicides.  Ellery made the request on behalf of the CLP, which was the organization pushing for herbicide treatment in the lake to fight invasive weeds.

Earlier this month the CLP announced it was making a motion to intervene in the lawsuit. However, the institution says it would be unethical to for the CLP to join the lawsuit since it also was the principal author of the Supplemental Environmental Impact Statement used to allow the herbicide treatment. Because representatives from CLP will be serving as material witnesses, the institution argues they are not permitted to sign on to intervene in the lawsuit as well.

The state supreme court will likely act on the motion by the CLP to join the lawsuit, as well as the institution’s opposition to the matter, during a hearing scheduled for Nov. 14. Meanwhile, the court is hearing arguments Thursday on moving the lawsuit from state supreme court in Erie County to the supreme court in Chautauqua County.

On Monday, the Governor also issued a letter to Acting Administrator of the U.S. Environmental Protection Agency Andrew Wheeler urging him to abandon the EPA’s proposed replacement of the Clean Power Plan to prop up the coal industry.

“The future of our environment, our economy and our children is at stake, and New York will not let President Donald Trump take us backward. Today I am proud to announce that New York will join the Powering Past Coal Alliance to share our expertise and experience and continue to lead the fight against dirty and dangerous fossil fuels,” Governor Cuomo said. “With our bold mandate to close all coal-fired power plants by 2020 and our nation-leading commitment to renewables, we are already at the forefront of the clean energy revolution and we will not go back.”

“As the Trump administration works to roll back our progress when it comes to our environment, Governor Cuomo and I are fighting to protect it,” said Lieutenant Governor Kathy Hochul. “New York is proud to join governments and organizations across the world as part of the Powering Past Coal Alliance to end the use of traditional coal power. The Alliance is another step in advancing New York’s aggressive clean energy goals and ensuring our climate is protected and safe.”

The response from the governor is due to the Trump administration’s plan to roll back the centerpiece of President Barack Obama’s efforts to slow global warming.

On Tuesday, the Trump administration came out with new rules scaling back Obama-era constraints on coal-fired power plants, striking at one of the former administration’s legacy programs to rein in climate-changing fossil-fuel emissions.

The Environmental Protection Agency called the Obama-era regulations on coal power plants “overly prescriptive and burdensome.”

The Trump administration plan broadly increases the leeway given states to decide how and how much to regulate coal power plants. The EPA says it “empowers states, promotes energy independence, and facilitates economic growth and job creation.”

Meanwhile, the Powering Past Coal Alliance, launched by the UK and Canada on the margins of COP 23, is a coalition of governments, businesses, and other organizations to lead the rest of the world in ending the use of traditional coal power. The Alliance is committed to taking action to accelerate clean growth and climate protection through the rapid phase-out of traditional power.

FIGHTING THE FOSSIL FUEL INDUSTRY WITH ‘CLEAN ENERGY’ INITIATIVES

NY Governor Andrew Cuomo

Delivering on the Governor’s 2016 State of the State pledge to go coal-free by 2020, Governor Cuomo in May directed New York State Department of Environmental Conservation (DEC) to propose regulations will tighten the state’s CO2 Performance Standards for Major Electric Generating Facilities by establishing CO2 emission rate requirements for existing major electric generating facilities. The state stands ready to help workers and communities transition to a clean energy future through the Governor’s Clean Climate Careers initiative and the Electric Generation Facility Cessation Mitigation Fund created to address the needs of the local communities affected by any closures, as well as a host of clean energy programs to support transitioning these plants away from coal.

After the federal government announced its intention to withdraw from the Paris Agreement on climate change, New York joined with California and Washington State to form the U.S. Climate Alliance to uphold the goals of the agreement. The U.S. Climate Alliance has grown to include 17 governors representing nearly half U.S. gross domestic product.

New York has also established a Clean Energy Standard for half of its electricity to come from renewable sources by 2030, complementing Governor Cuomo’s ambitious Reforming the Energy Vision strategy (REV). The governor’s office says REV is building a cleaner, more resilient and affordable energy system for all New Yorkers by stimulating investment in clean technologies like solar, wind, and energy efficiency. The REV strategy is intended to ensure New York State reduces economy-wide greenhouse gas emissions 40 percent by 2030 and achieves the internationally-recognized target of reducing emissions 80 percent by 2050.

Last week the Chautauqua Lake Partnership with SOLitude and supervision from the Department of Environmental Conservation concluded herbicide treatment on a small portion of the lake, including areas of the Towns of Busti, North Harmony, and Ellery.

However, Lakewood officials had voted against the use of herbicides in waters adjacent to the village. Because one of the boats that was being used to apply the herbicide was spotted off the village shore during the treatment process, Lakewood officials have asked the water to be tested.

The Towns of Busti, Ellery, and North Harmony have received permits from the New York State Department of Environmental Conservation (DEC) to use the aquatic herbicides Aquathol K (endothall), Navigate (2,4-D), and Renovate 3 (triclopyr) to control Eurasian watermilfoil and curlyleaf pondweed in areas of Chautauqua Lake that border each of the Towns’ respective jurisdictions.

Depending on how much funding for the project is available, the application of herbicides will take place June 11 and 12 between the hours of 7 a.m. and 8 p.m.

Notification of the application of the treatment will be posted at public access points on or before the day of the application.

The time-frames for restrictions on water use start as soon as the treatment has been completed. Information on water use restrictions, including when those restrictions are lifted, will be posted on the website of each Town that undertakes the application of herbicides.

The permits and a map of the application sites and affected areas are available at the respective Town Halls and may be viewed during each Town’s normal business hours.

The Herbicide product labels are available at SolitudeLakeManagement.com, the website of the company hired to apply the herbicide.

Funding for the application has been in question and it appears each local municipality will have to decide whether or not to use any of its reserves to pay for the treatment.

The Chautauqua Lake Partnership, with the backing of the towns of Ellery, North Harmony, Busti and Ellicott and village of Celoron, had applied for eight permits to use herbicides on roughly 1,000 acres of Chautauqua Lake. Department of Environmental Conservation officials issued three permits on May 15 approving herbicide use for 181 acres of the lake.

The Busti Town Board applied for the herbicide treatment application for the portion of the lake that falls within the town’s boundaries. However, some of that area includes portions of the village of Lakewood shoreline and village officials have expressed concern over the herbicide use on that area of the lake, saying they haven’t signed off on the chemicals being used along their shoreline.

The Village attorney, John LaMancuso, reportedly said that even though the village didn’t apply for a permit, it still is the only person or body that could possibly approve the spraying of (herbicides) adjacent to its own shorelines.

That’s according to a report in the Jamestown Post-Journal.

The Chautauqua Lake Partnership, with the backing of the towns of Ellery, North Harmony, Busti and Ellicott and village of Celoron, had applied for eight permits to use herbicides on roughly 1,000 acres of Chautauqua Lake. DEC officials issued three permits on May 15 approving herbicide use for 181 acres of the lake.

However, the Lakewood board held a meeting Monday night and expressed concerns of the town of Busti’s intention to spray herbicides on Lakewood’s shoreline without approval from the village first.

The village of Lakewood is located in the Town of Busti, and village officials feel that just because the town signed off on the permit application doesn’t mean the village is also giving approval to the process.

Lakewood mayor Cara Birrittieri said village officials first want to determine how herbicide use will impact the algae problem, and also provide assurance that it won’t be a health problem.

Busti officials approved the resolution to allow the use of herbicides on Monday night and also said they were surprised the village waited until the 11^th hour to voice concerns, given that the herbicide question has been well publicized for the past several months.

Monday night the council approved the city entering an agreement with Empire Development of Mayville for Phase II Emergency Repair work at the Jamestown Police Department. The cost of the work is to not exceed $470,900.

The main entrance of the Jamestown Police Station on E. Second St. has been closed to the public since the flooding that occurred last fall when the contractors for the Tracy Plaza renovation project didn’t properly secure the area, allowing rainwater to pour into the station.

Jamestown police chief Harry Snellings said he doesn’t want to give a specific date on when the public will once again be able to enter the JPD.

“That’s going to be determined by what the work plan is,” Snellings told WRFA following Monday’s voting session. “Right now what I do know for fact is that the locker room is going to be the first area that they work on because they have to tear down the entire ceiling. So it’s going to create a lot of work. My understanding from there, the initial plan is to work from that hallway on the Prendergast Ave. side, moving forward to my office, and then out the back of the police department. I’m hesitant to open it up to the public because the exterior walls of all the offices will have to be torn down so until those are back up we’re probably going to hold off on opening to the public.

The cost of the repair work is being covered by the city’s insurance, although city officials have said the city and insurance company will likely sue the contractor hired to do the Tracy Plaza work so it can be reimbursed for the cost.

DEER POPULATION CONCERNS ALSO ADDRESSED

Meanwhile, Chief Snellings last night also provided a brief update on addressing the city’s growing deer population.

Snellings said he is working on setting up a public meeting with a representative from the state Department of Conservation to discuss the options for controlling deer.

Last week city councilman Andrew Liuzzo brought the issue forward during the council’s work session, saying he’d like to see the city introduce permits for bow hunting to certified hunters in order to address the deer issue. The council agreed that the number of deer in the city is becoming a concern, but first wanted to hear about all options available before proceeding with one solution.

Snellings said a representative from the DEC will likely host a presentation for the council during one of its upcoming work sessions.

Jamestown City Councilman Andrew Liuzzo (center) suggested the city look into allowing certified bow hunters harvest deer living within the city during the council’s April 23 work session.

JAMESTOWN – The Jamestown City Council could soon be taking a closer look at what some say is a growing problem of deer within the city limits.

During Monday Night’s Jamestown City Council work session, councilman Andrew Liuzzo (R-At Large) said he was made aware of the growing deer problem through a recent letter-to-the-editor in the Jamestown Post-Journal calling for a deer management plan in the city.

Liuzzo said he then went on Facebook to the “Jamestown, NY” group page to seek more feedback on the issue. He said through the post, found that there are a large number of residents concerned with the number of deer in the city, which damage property and landscaping and also pose a threat to motorists.

The councilman said the city should consider working with a small group of bow hunters to harvest deer within the city limits in order to control the population.

“We have skilled [bow] hunters in the area that could be certified. A certified hunter makes a shot that doesn’t injure the deer, but puts it down,” Liuzzo said. “It wouldn’t be open to any hunter, it would be a select group. It’s quiet and they’re doing it from a tree stand so if there is a miss, the arrow would go into the ground.”

A recent Facebook post by Liuzzo on the “Jamestown, NY” group page spurred a conversation among Facebook users who are members of the group about the pros and cons of harvesting deer within the city limits.

Liuzzo also said he’s talked with a representative from the state DEC who said he would be willing to come in and talk with the council about deer management.

City councilwoman Vanessa Weinert said she would first like to learn what all available options to dealing with and managing deer populations, prior to settling on the bow hunting solution.

Liuzzo said he would support holding a hearing on the issue to allow members of the community an opportunity to weigh in on the issue and offer their thoughts on how the issue should be dealt with.

“Your options are ten-foot fences if you want to protect your property, but those would require a variance because you’re only allowed to have up to a six-foot fence. You could take human hair from the beauty shop and spread it around. You can have repellents. But all those things are short-term because the deer are used to people and they’re not going to stay long,” Liuzzo said.

Liuzzo also noted that it is illegal in New York State to feed deer and wants to reminds residents that they shouldn’t be putting out food to attract deer.  It’s also currently illegal to hunt deer with bow or shotgun within the city limits, but the city could approve a measure requesting a deer management permit from the DEC and to allow hunting with certain restrictions included. A similar program has been initiated and underway in the village of Celoron for the past six years.

The city council agreed it was a public safety issue and as a result, said they would await further input from Public Safety director and police Chief Harry Snellings – who was absent from Monday’s meeting.