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SECTION 83
Conservation fund
State Finance (STF) CHAPTER 56, ARTICLE 6
§ 83. Conservation fund. (a) 1. The conservation fund shall consist of
all moneys belonging to the state received by the department of
environmental conservation from the sale of licenses for hunting, for
trapping, and for fishing, all moneys received in actions for penalties
under articles eleven and thirteen of the environmental conservation law
and subdivision two of section 71-1929 of the environmental conservation
law, or upon the settlement or compromise thereof, all fines for
violation of any of the provisions of articles eleven and thirteen of
the environmental conservation law, all moneys arising out of the
operation of real property under the jurisdiction of the division of
fish and wildlife in the department of environmental conservation
heretofore or hereafter acquired by the state of New York, and from any
concessions thereon and from any leases thereof, including moneys
received from the sale thereof when authorized by law, all moneys
received from leases or rentals of shellfish grounds in the marine and
coastal district, all moneys from gifts for fish and wildlife management
pursuant to section six hundred twenty-five of the tax law, moneys
received by the department of environmental conservation from the sale
of limited edition prints of fish and wildlife paintings, as authorized
by paragraph t of subdivision two of section 3-0301 of the environmental
conservation law, all moneys received from the reimbursement provided
for in paragraph b of subdivision seven of section 8-0109 of the
environmental conservation law, and all other moneys arising out of the
application of any provisions of articles eleven and thirteen of the
environmental conservation law. These moneys, after appropriation by the
legislature, and within the amounts set forth and for the several
purposes specified, shall be available to the department of
environmental conservation for the care, management, protection and
enlargement of the fish, game and shell fish resources of the state and
for the promotion of public fishing and shooting. In the accomplishment
of these objects the moneys made available hereunder shall be devoted to
the purchase or acquisition of lands, lands under water, waters, or
rights therein as required, to payment for personal service, for
maintenance and operation, and for new construction and permanent
betterments, and to all other proper expenses of the department of
environmental conservation in the administration and enforcement of the
provisions of articles eleven and thirteen of the environmental
conservation law.

1-a. On or before the first day of February each year, the
commissioner of the department of environmental conservation shall
provide a written report to the temporary president of the senate,
speaker of the assembly, chair of the senate finance committee, chair of
the assembly ways and means committee, chair of the senate committee on
environmental conservation, chair of the assembly environmental
conservation committee, the state comptroller and the public. Such
report shall include how the monies of the fund received pursuant to
section six hundred twenty-five of the tax law were utilized during the
preceding calendar year, and shall include:

(i) the amount of money dispersed from the fund and the award process
used for such disbursements;

(ii) recipients of awards from the fund;

(iii) the amount awarded to each;

(iv) the purposes for which such awards were granted; and

(v) a summary financial plan for such monies which shall include
estimates of all receipts and all disbursements for the current and
succeeding fiscal years, along with the actual results from the prior
fiscal year.

2. (i) Moneys collected pursuant to sections 13-0301, 13-0311 and
13-0315 of the environmental conservation law and all fines and
penalties collected pursuant to article seventy-one of such law for
illegal acts relating to shellfish shall be deposited in a special
account within the conservation fund, to be known as the marine
resources account, and shall be available to the department of
environmental conservation, after appropriation, for the care,
management, protection and enlargement of marine fish and shellfish
resources.

(ii) Notwithstanding the provisions of subparagraph (i) of this
paragraph, moneys arising out of the application of subdivision fourteen
of section 13-0309 of the environmental conservation law, shall be
deposited in a special account within the conservation fund, to be known
as the surf clam/ocean quahog account, and shall be available to the
department of environmental conservation, including contracts for such
purposes with a New York state institution of higher education currently
involved in local marine research, after appropriation, for the research
and stock assessment of surf clams and ocean quahogs. The department
shall, at a minimum, undertake two stock assessments and issue reports
detailing the findings of such assessments to the governor and
legislature. The first stock assessment shall be due no later than
December thirty-first, two thousand two. The second stock assessment
shall be due no later than December thirty-first, two thousand four, and
shall be conducted in an area to be determined in consultation with the
surf clam/ocean quahog management advisory board.

3. (i) Moneys arising out of the application of article thirteen of
the environmental conservation law shall be deposited in a special
account within the conservation fund, to be known as the marine
resources account, and shall be available to the department of
environmental conservation, after appropriation, for the care,
management, protection and enlargement of marine fish and shellfish
resources.

(ii) Notwithstanding the provisions of subparagraph (i) of this
paragraph, moneys arising out of the application of subdivision fourteen
of section 13-0309 of the environmental conservation law, shall be
deposited in a special account within the conservation fund, to be known
as the surf clam/ocean quahog account, and shall be available to the
department of environmental conservation, including contracts for such
purposes with a New York State institution of higher education currently
involved in local marine research, after appropriation, for the research
and stock assessment of surf clams and ocean quahogs.

4. (i) There is hereby created a special account within the
conservation fund to be known as the state fish and game trust account
to consist of all moneys received by the state from the sale of lifetime
hunting, fishing, and trapping licenses, and lifetime archery and
muzzle-loading privileges pursuant to section 11-0702 of the
environmental conservation law except those moneys deposited in the
habitat conservation and access account pursuant to section
eighty-three-a of this chapter. The state comptroller shall invest the
moneys in such account in securities as defined by section
ninety-eight-a of this article. Any income earned by the investment of
such moneys, except income transferred to the conservation fund pursuant
to subparagraph (iii) of this paragraph, shall be added to and become a
part of, and shall be used for the purposes of such account.

(ii) The state comptroller shall provide an annual report of the trust
account which lists the amount of the principal, the earned income, the
earned income accrued to the principal, and the earned income
transferred to the conservation fund pursuant to subparagraph (iii) of
this paragraph not later than April tenth of each year for the state
fiscal year ending the immediately preceding March thirty-first. A copy
of such report shall be transmitted, forthwith, to the director of the
division of the budget, the chairman of the senate finance committee,
the chairman of the assembly ways and means committee, the commissioner
of the department of environmental conservation and each of the eleven
members of the conservation fund advisory board, created pursuant to
section 11-0327 of the environmental conservation law.

(iii) Earned income from the sale of all lifetime licenses and
privileges, except income earned on the proceeds of the sale of a
lifetime license or privilege during the period from sale of such
license or privilege until April first of the year following one full
year of deposit of the proceeds of the sale of such lifetime license or
privilege, shall be available for deposit within the conservation fund
pursuant to paragraph one of this subdivision in an amount equal to the
cost of the appropriate annual license or privilege. The earned income
which exceeds the current cost of each annual license or privilege
comparable to the lifetime license or privilege, shall be added to the
trust account as principal. The earned income from lifetime licenses or
privileges issued to persons who are under the legal age to implement
such licenses or privileges shall be added to the trust account as
principal until such person becomes of legal age to hunt, fish or trap.

(b) Lands and property rights may be acquired by the department of
environmental conservation with moneys made available for such purposes
from the conservation fund by purchase, by acquisition pursuant to the
provisions of the eminent domain procedure law or by gift.

(c) All payments made from the conservation fund shall be made by the
department of taxation and finance after audit and upon warrant of the
comptroller on vouchers approved by the commissioner of environmental
conservation. After appropriations made available from the conservation
fund shall cease to have force and effect, any balances remaining
unexpended and not required to meet the proper and necessary expenses of
the division of fish and wildlife shall revert to such fund.

(d) As to monies accruing to the fund by reason of the enactment of a
chapter of the laws of nineteen hundred seventy-five entitled "An Act to
amend the environmental conservation law and the state finance law, in
relation to fees for hunting, fishing and trapping licenses," one dollar
of the fee increase provided therein for each hunting, fishing and
trapping license shall be dedicated to expansion of hunting and fishing
opportunity by: acquisition of public rights or opportunities to utilize
suitable lands for hunting and fishing; habitat management and
improvement; and species propagation of game, game birds and game fish.

(e) 1. All moneys, revenue and interest received by the department
from the sale of voluntary migratory bird stamps and art prints shall be
credited to the conservation fund as provided by section eighty-three of
this chapter. After payment of administrative costs for preparation and
sale of voluntary stamps and art prints, fifty percent of these moneys
shall be available to the department, pursuant to appropriation,
exclusively for acquisition, preservation, improvement and development
of wetlands and development and maintenance of access sites within the
state. The remaining fifty percent of these moneys shall be disbursed to
an appropriate nonprofit organization for the development of waterfowl
habitat projects within the Dominion of Canada which specifically
provide migratory birds for the Atlantic Flyway after obtaining evidence
that the projects are acceptable to the department of environmental
conservation and the appropriate governmental agencies having
jurisdiction over the project area.

2. Notwithstanding any other general or special law, rule or
regulation, all moneys, revenue and interest arising out of the sale of
voluntary migratory bird stamps, other than that retained by the issuing
agent or officer, and art prints pursuant to section 11-0307 of the
environmental conservation law and this section shall be deposited in a
special account within the conservation fund, to be known as the
migratory bird account, and shall be dedicated to and available by
appropriation only for the purposes set forth in this subdivision, which
may only be altered or amended by law.

(f) Notwithstanding the provisions of any other law, all moneys,
revenue penalties, and interest arising out of the fees for the issuance
of guide licenses pursuant to section 11-0533 of the environmental
conservation law and this section shall be deposited in a special
account within the conservation fund, to be known as the guides license
account, and shall be dedicated to and available by appropriation only
for the administration of and purposes set forth in section 11-0533 of
the environmental conservation law, which may only be altered or amended
by law.

(g) All moneys, fees, fines and penalties arising out of the
administration and enforcement of the tidal wetlands act (article
twenty-five of the environmental conservation law) shall be deposited
into the marine resources account of the conservation fund.

(i) All moneys, revenues and interest thereon received as a result of
the application of subdivision eighteen of section 11-0305 of the
environmental conservation law authorizing a one dollar voluntary
contribution mechanism on all hunting and fishing licenses shall be
deposited in a special account within the conservation fund to be known
as the venison donation account. All of such moneys, revenues and
interest shall be made available by the department of environmental
conservation, pursuant to appropriation, to an appropriate nonprofit
organization for implementation of a venison donation program.

(j) All moneys, revenue and interest thereon received as a result of
the issuance and sale of voluntary outdoor recreation and trail
maintenance pins and patches pursuant to section 11-0329 of the
environmental conservation law, other than the amount retained by the
issuing agent or officer, shall be deposited in a special account within
the conservation fund to be known as the outdoor recreation and trail
maintenance account. All of such moneys, revenues and interest shall be
available to the department of environmental conservation, pursuant to
appropriation, exclusively for outdoor recreation, trail maintenance,
and the development and improvement of public access to outdoor
recreation and trails.