Relates to the management of migratory game birds.
TITLE OF BILL: An act to amend the environmental conservation law, in relation to the management of migratory game birds; and providing for the repeal of certain provisions upon expiration thereof
Purpose of the bill: The purpose of this bill is to amend the Fish and Wildlife Law to allow the annual federal regulations to set the State's migratory game bird hunting seasons and bag limits.
Summary of provisions: Section 1 of this bill amends Environmental Conservation Law (ECL) §11-0307(1) to provide that the Department of Environmental Conservation (DEC) may adopt regulations in relation to migratory game birds provided the regulations are no less restrictive than federal regulations.
Section 2 of this bill amends ECL §11-0903(1) to provide that open seasons and bag limits for migratory game birds shall be those published annually, in the Federal Register by the U.S. Department of the Interior, unless DEC adopts regulations; and to require that DEC provide notice of the open seasons and bag limits by DEC press release and any other means that DEC determines is appropriate and effective, including posting on DEC's public website.
Section 3 of this bill amends ECL §11-0905(2)(a) to provide that the open seasons and bag limits for all species of migratory game birds shall be fixed annually by federal regulation, unless the State adopts regulation.
Section 4 of this bill amends ECL §11-0323 to require DEC to provide information in the annual syllabus informing migratory bird game hunters where they can obtain information regarding open seasons and bag limits.
Section 5 of this bill provides for an immediate effective date; provided, however, that the amendments made by Sections 1, 2 and 3 of the bill shall be deemed repealed May 1, 2011.
Existing law: ECL §§11-0307(1), 11-0903(1) and 11-0905(2)(a) provide for the current means of establishing open seasons and bag limits for migratory game birds. ECL §11-0323 requires DEC to compile and index the laws related to fish and wildlife and to prepare an annual syllabus of those laws and deliver the syllabus to all license issuing agents.
Prior legislative history: In 2004, a similar DEC departmental bill relating to migratory game birds was introduced in the Senate (S.7240) but died in the Commerce, Economic Development and Small Business Committee. In 2008, a DEC departmental bill was proposed which included a similar proposal
among other provisions, but the bill was not introduced in either house.
Statement in support: Annual migratory game bird hunting regulations, including season dates, are set in accordance with federal regulations. However, the final federal regulations historically have not been issued until late August or early September each year. There is no expectation that this timeline will change because it is driven by annual conduct and analysis of waterfowl breeding surveys. As a result, DEC is often forced to issue emergency regulations to conform State migratory game bird hunting regulations to the federal regulations in time for opening day. Federal regulations provide opportunity for public comment, and are based on information and input received from New York, including DEC and appropriate stakeholders. In addition, DEC has established a waterfowl season selection process that provides considerable opportunity for public input. This proposal would allow seasons to be automatically set in New York based on the final federal regulations rather than requiring DEC to annually issue emergency regulations to establish the migratory game bird seasons. DEC would retain the option to issue its own regulations, if it chooses to do so, provided that they are no less restrictive than the federal regulations.
Budget implications: This proposal would streamline DEC's management efforts for migratory game birds, resulting in administrative savings.
Effective date: This bill takes effect upon enactment, provided that the amendments made by Sections 2 and 3 of the act shall be deemed repealed May 1, 2011.
STATE OF NEW YORK ________________________________________________________________________ 8915 2009-2010 Regular Sessions IN ASSEMBLY June 15, 2009 ___________Introduced by M. of A. SWEENEY -- (at request of the Department of Envi- ronmental Conservation) -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to the management of migratory game birds; and providing for the repeal of certain provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 11-0307 of the environmental conservation law, as amended by chapter 494 of the laws of 1984, is amended to read as follows: 1. The department
[shall]MAY adopt rules and regulations in relation to migratory game birds [consistent with], PROVIDED SUCH REGULATIONS ARE NO LESS RESTRICTIVE THAN federal regulations made under authority of the Migratory Bird Treaty Act of July 3, 1918, (16 U.S.C. secs. 703-711), as [presently constituted or as hereafter]MAY BE amended FROM TIME TO TIME. S 2. Subdivision 1 of section 11-0903 of the environmental conserva- tion law is amended to read as follows: 1. Open seasons and bag limits with respect to migratory game birds shall be those PUBLISHED ANNUALLY IN THE FEDERAL REGISTER BY THE U.S. DEPARTMENT OF THE INTERIOR, [fixed by]UNLESS the department [in]ADOPTS regulations pursuant to section 11-0307 [, to conform with federal regu- lations made under authority of the Migratory Bird Treaty Act of July 3, 1918 (16 U.S.C. SS 703-711)]. NOTICE OF SUCH OPEN SEASONS AND BAG LIMITS SHALL BE PROVIDED BY DEPARTMENT PRESS RELEASE AND ANY OTHER MEANS THAT THE DEPARTMENT DETERMINES TO BE APPROPRIATE AND EFFECTIVE, INCLUD- ING POSTING ON THE DEPARTMENT'S PUBLIC WEBSITE. S 3. Paragraph a of subdivision 2 of section 11-0905 of the environ- mental conservation law, as amended by chapter 911 of the laws of 1990, is amended to read as follows:EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07813-05-9 A. 8915 2
a. Migratory game Fixed annually Fixed annually birds, all species by FEDERAL by FEDERAL regulation, regulation, UNLESS THE UNLESS THE STATE ADOPTS STATE ADOPTS REGULATION REGULATION S 4. Section 11-0323 of the environmental conservation law is amended to read as follows: S 11-0323. Publication of Fish and Wildlife Law. The department shall compile and index each year after the adjournment of the legislature the laws relating to fish and wildlife as amended to date. Copies of the compilation shall be printed in pamphlet form of pocket size in the number for which the legislature may appropriate funds. The department shall also prepare a syllabus of such laws AND INFORMATION INFORMING MIGRATORY GAME BIRD HUNTERS WHERE THEY CAN OBTAIN INFORMATION REGARDING OPEN SEASONS AND BAG LIMITS and shall deliver copies to county, city, town and village clerks in numbers sufficient for the furnishing of one copy to each person to whom a hunting, trap- ping or fishing license is issued. Each such licensee shall be entitled to one copy of such syllabus. S 5. This act shall take effect immediately; provided, however, that the amendments made by sections one, two and three of this act shall be deemed repealed on May 1, 2011.