senate Bill S4219

Signed By Governor
2013-2014 Legislative Session

Relates to the management of migratory game birds

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Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 22, 2013 signed chap.39
May 10, 2013 delivered to governor
May 07, 2013 returned to senate
passed assembly
ordered to third reading cal.275
substituted for a6903
Apr 24, 2013 referred to environmental conservation
Apr 23, 2013 delivered to assembly
passed senate
Apr 22, 2013 advanced to third reading
Apr 17, 2013 2nd report cal.
Apr 16, 2013 1st report cal.288
Mar 14, 2013 referred to environmental conservation

Votes

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Jun 4, 2013 - Environmental Conservation committee Vote

S4219
9
2
committee
9
Aye
2
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Environmental Conservation committee vote details

Environmental Conservation Committee Vote: Jun 4, 2013

nay (2)
aye wr (1)

Apr 16, 2013 - Environmental Conservation committee Vote

S4219
9
2
committee
9
Aye
2
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Environmental Conservation committee vote details

Environmental Conservation Committee Vote: Apr 16, 2013

nay (2)
aye wr (1)

S4219 - Bill Details

See Assembly Version of this Bill:
A6903
Law Section:
Environmental Conservation
Laws Affected:
Amd §5, Chap 84 of 2010

S4219 - Bill Texts

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Extends provisions relating to the management of migratory game birds.

view sponsor memo
BILL NUMBER:S4219

TITLE OF BILL: An act to amend chapter 84 of the laws of 2010
amending the environmental conservation law relating to the management
of migratory game birds, in relation to extending the effectiveness
thereof

Purpose of Bill:

The bill would to amend the Fish and Wildlife Law to continue to allow
the Department of Environmental Conservation (DEC) to base the State's
migratory game bird hunting seasons and bag limits on requirements
established annually pursuant to applicable federal regulations.

Summary of provisions:

Section 1 of the bill would amend section 5 of chapter 84 of the Laws
of 2010 to extend until October 1, 2015 the provisions of the Fish and
Wildlife Law that allow DEC to base the State's migratory game bird
hunting seasons and bag limits on requirements established pursuant to
applicable federal regulations.

Section 2 of this bill provides that this bill would take effect
immediately

Existing law:

Environmental Conservation Law (ECL) § 11-0903 provides that open
seasons and bag limits with respect to migrator), game birds shall be
those published annually in the federal register by the U.S.
Department of the Interior, unless DEC adopts applicable regulations
pursuant to ECL § 11-0307. Notice of such open seasons and bag limits
must be provided by DEC press release and any other means that DEC
determines to be appropriate and effective, including posting on the
agency's public website.

Prior Legislative History:

ECL § 11-0903 was established by Chapter 84 of the Laws of 2010 and
extended through October 1, 2013 by Chapter 76 of the Laws of 2011.

Statement in support:

Migratory game bird hunting regulations, including season dates, must
be set in accordance with federal regulations adopted under authority
of the Migratory Bird Treaty Act (16 U.S.C. §§ 703-712). Migratory
game bird population levels fluctuate annually in response to a
variety of environmental factors, including weather conditions,
predation, and human activities, such as land use changes and harvest.
To address this fluctuation federal regulations for migratory birds
are adjusted annually. The final federal regulations historically have
not been issued until late August or early September of each year.
There is no expectation that this timeline will change because it is
driven by the annual conduct and analysis of waterfowl breeding
surveys.


The purpose of Chapter 84 of the Laws of 2010 was to eliminate the
need for annual rulemaking by DEC to adjust season dates and bag
limits. Federal regulations provide opportunity for public comment,
and are based on information and input received from New York,
including DEC and stakeholders. Season dates and bag limits are used
to achieve harvest objectives and equitably distribute hunting
opportunity among hunters. Regulations governing the mariner in which
migratory game birds are taken improve the quality of recreational
activity, provide for a variety of harvest techniques, public safety,
the protection of private property, and afford additional protection
to migratory game bird populations.

This bill would extend the authority provided in Chapter 84 so that
the federal regulations can continue to set the seasons and bag limits
in New York, while continuing to provide authority for DEC to
promulgate regulations if needed.

Budget implications: None.

Local Impact: None.

Effective Date: The bill would take effect immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4219

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 14, 2013
                               ___________

Introduced by Sen. GRISANTI -- (at request of the Department of Environ-
  mental  Conservation)  --  read  twice  and  ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend chapter 84 of the laws of  2010  amending  the  environ-
  mental  conservation  law relating to the management of migratory game
  birds, in relation to extending the effectiveness thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 5 of chapter 84 of the laws of 2010, amending the
environmental conservation law relating to the management  of  migratory
game  birds, as amended by chapter 76 of the laws of 2011, is amended to
read as follows:
  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 October 1, [2013] 2015.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08953-02-3

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