NY State Senate Bill S7950

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

view actions (13)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2018	signed chap.492
Dec 18, 2018	delivered to governor
Jun 07, 2018	returned to senate passed assembly ordered to third reading cal.1088 substituted for a10861
May 14, 2018	referred to environmental conservation delivered to assembly passed senate
May 07, 2018	advanced to third reading
May 02, 2018	2nd report cal.
May 01, 2018	1st report cal.988
Mar 13, 2018	referred to environmental conservation

Votes

view votes

May 14, 2018 - floor Vote

S7950

floor

Aye

Nay

Absent

Excused

Abstained

May 1, 2018 - Environmental Conservation committee Vote

S7950

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

S7950 (ACTIVE) - Details

See Assembly Version of this Bill:: A10861
Law Section:: Environmental Conservation
Laws Affected:: Amd §5, Chap 84 of 2010

S7950 (ACTIVE) - Summary

Relates to the management of migratory game birds; extends effectiveness.

S7950 (ACTIVE) - Sponsor Memo

 
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.

S7950 (ACTIVE) - Bill Text download pdf


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

                                  7950

                            I N  S E N A T E

                             March 13, 2018
                               ___________

Introduced  by  Sen. O'MARA -- (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 208 of the laws of 2015, is amended to
read as follows:
  § 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 December 31, [2018] 2021.
  § 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14434-01-8

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The New York State Senate

senate Bill S7950

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

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Votes

May 14, 2018 - floor Vote

Floor Vote: May 14, 2018

May 1, 2018 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: May 1, 2018

S7950 (ACTIVE) - Details

S7950 (ACTIVE) - Summary

S7950 (ACTIVE) - Sponsor Memo

S7950 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S7950

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Sponsored By

Thomas F. O'Mara

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

May 14, 2018 - floor Vote

Floor Vote: May 14, 2018

May 1, 2018 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: May 1, 2018

S7950 (ACTIVE) - Details

S7950 (ACTIVE) - Summary

S7950 (ACTIVE) - Sponsor Memo

S7950 (ACTIVE) - Bill Text download pdf

Comments