BILL NUMBER: S7950

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

 
PURPOSE OF THE BILL:

The purpose of this bill is to amend the Fish and Wildlife Law to
continue 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 the bill would amend section 5 of chapter 208 of the Laws
of 2015 to extend, until December 31, 2021, the provisions of the Fish
and Wildlife Law that allow annual federal regulations to set the
State's migratory game bird hunting seasons and bag limits.

Section 2 of this bill provides that this bill shall take effect imme-
              

diately.

 
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.0 §§ 703-712). Migratory game bird
population levels fluctuate annually in response to a variety of envi-
ronmental factors, including weather conditions, predation, and human
activities, such as land use changes and harvest. As a result, federal
regulations for migratory birds are adjusted annually. The final federal
regulations are not be published in the Federal Register until mid-Au-
gust following a 30 day public comment period, and the annual assessment
of duck population status.

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 manner of take improve the quality of recre-
ational activity, provide for a variety of harvest techniques, public
safety, and protection of private property, as well as afford additional
protection to migratory game bird populations.

Prior to having this authority, DEC had often been forced to issue emer-
gency regulations to conform State migratory game bird hunting regu-
lations to the federal regulations in time for opening day. As the emer-
gency rulemaking process follows the State Administrative Procedures
Act, migratory game bird seasons authorized by federal regulations often
began long before the start of the rulemaking process.

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.

 
PRIOR LEGISLATIVE HISTORY:

ECL § 11-0903 provisions authorizing the use of federal regulations for
setting seasons and bag limits for migratory game birds were established
by Chapter 84 of the Laws of 2010 and extended through October 1, 2015
by Chapter 39 of the Laws of 2013. Prior to 2011, DEC was obligated to
promulgate regulations to mimic federal regulations.  The law was
amended so that DEC may promulgate regulations when seasons or bag
limits are different from the federal regulations but is not required to
simply republish federal rules when they are to be used.

 
BUDGET IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.