BILL NUMBER:A8915

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the bill shall be deemed repealed May 1, 2011.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.