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This entry was published on 2014-09-22
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SECTION 11-0327
Conservation fund advisory board
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 11, TITLE 3
§ 11-0327. Conservation fund advisory board.

1. Creation of conservation fund advisory board. (a) The conservation
fund advisory council is hereby continued and reestablished in the
department to be the conservation fund advisory board, which shall make
recommendations to state agencies on state government plans, policies,
and programs affecting fish and wildlife as more specifically outlined
below. Such board shall be composed of eleven voting members, including
a member designated by the state fish and wildlife management board, a
member designated by the New York state conservation council, three
members appointed by the governor, two members appointed by the
temporary president of the senate, one member appointed by the minority
leader of the senate, two members appointed by the speaker of the
assembly, and one member appointed by the minority leader of the
assembly. None of the members shall be employees of the department. Of
the members appointed by the governor, the temporary president of the
senate, the minority leader of the senate, the speaker of the assembly,
and the minority leader of the assembly, no two shall be residents of
the same department of environmental conservation region. Each member
shall be a resident of the region which that person is appointed to
represent. The board shall be representative of individual and organized
sportsmen's interests in each region of the state. In addition to these
voting members, the commissioner and the chairmen of the senate finance
committee, the senate environmental conservation committee, the assembly
ways and means committee and the assembly committee on environmental
conservation or their designees shall serve as ex officio, non-voting
members of the advisory board.

(b) Persons designated or appointed to the advisory board, excluding
ex officio members, shall have demonstrated a long-standing interest,
knowledge and experience in fish and wildlife management, including
hunting or fishing, as evidenced in part by the holding of a valid New
York state hunting, fishing or trapping license at the time they are
designated or appointed to such board and for each of the three years
immediately preceding their designation or appointment to such board.
One member, who may not be an ex officio member, shall be elected
chairman of the advisory board by a majority vote of the members of such
board, excluding ex officio members.

(c) The designation or appointment of any person to the advisory
board, excluding ex officio members, shall be considered terminated if,
in the course of any one-year period commencing from the date of their
designation or appointment, such person shall have accrued three
unexcused absences from meetings of the board. Excuses for absences are
to be accepted at the discretion of the chairman. In the event of such
termination, the resulting vacancy shall be filled as described in
subdivision five of this section.

2. Meetings of the advisory board. The board shall meet at least
quarterly at the call of the chairman.

3. Duties of the advisory board. The advisory board shall have the
following powers and duties:

(a) To review the allocations and expenditures of the department for
fish and wildlife purposes as provided in section 11-0303 of this title
and report to the commissioner by November fifteenth of each year. To
assist the board in its review, the department shall by September first
of each year make available to the board, the governor and the
legislature current and anticipated income and expenditures for the fish
and wildlife programs, including planned expenditures by time and
activity code for the next fiscal year. Such report shall include the
findings of the advisory board regarding such allocations and
expenditures, including expenditures and appropriations from the
conservation fund and the extent to which such expenditures and
appropriations are consistent with the requirements of state law. The
report shall also include recommended maximum annual fees for the
licenses and bowhunting and/or muzzle-loading privileges identified in
subdivision 3 of section 11-0715 of this article. In recommending such
fees the board shall consider economic indicators, the status of the
conservation fund, and such program indicators as it may deem
appropriate. The commissioner shall submit such report, in its entirety,
to the governor and the legislature.

(b) To make reports and release information from time to time, as it
deems necessary, to sportsmen and the general public regarding the
conservation fund and the fish and wildlife program.

(c) To consult with fish and wildlife interests and render annual
reports to the commissioner on fiscal needs and make recommendations on
how such needs shall be met.

(d) To assist the department's efforts to expand the available sources
of income for the conservation fund and advise the department with
respect to the needs of various fish and wildlife programs.

(e) To adopt, promulgate, amend or rescind suitable procedural rules
with respect to the composition, internal organization and functioning
of the board; and such other rules, regulations and procedures as may be
necessary or desirable to effectuate the purposes of this section.

(f) To work to encourage both residents and non-residents to hunt,
fish and trap in New York, and to promote conservation and management of
New York's natural resources.

4. Advisory board members; expenses. Conservation fund advisory board
members shall receive no salary, but the necessary traveling expenses of
voting members when attending meetings of the board shall be paid from
moneys appropriated to the board for travel and shall be paid on
vouchers certified by the chairman of the board upon the audit of the
comptroller in the manner provided by law.

5. Term of office. All voting members of the board shall serve terms
of three years. An appointment to fill a vacancy shall be made for the
remainder of the affected term in the same manner as the original
appointment was made. Such appointment shall be made within sixty days
of the date the position becomes vacant.

6. State assistance. The commissioner shall, at any time requested by
the board, make any and all information readily available to the board
which the board indicates is needed to properly and thoroughly carry out
its responsibilities. The commissioner shall also make available to the
board such secretarial and/or clerical aid reasonably necessary to allow
the board to carry out its duties and responsibilities.