Relates to the management of migratory game birds; repealer

Section 2 of this bill amends ECL §11-0903(1) to provide that open seasons and bag limits for migratory game birds shall be those published annually in the Federal Register by the U.S. Department of the Interior, unless DEC adopts regulations; and to require that DEC provide notice of the open seasons and bag limits by DEC press release and any other means that DEC determines is appropriate and effective, including posting on DEC's public website.

Section 3 of this bill amends ECL §11-0905(2)(a) to provide that the open seasons and bag limits for all species of migratory game birds shall be fixed annually by federal regulation, unless the State adopts regulation.

Section 4 of this bill amends ECL, §11-0323 to require DEC to provide information in the annual syllabus informing migratory bird game hunters where they can obtain information regarding open seasons and bag limits.

Section 5 of this bill provides for an immediate effective date; provided, however, that the amendments made by Sections 1, 2 and 3 of the bill shall be deemed repealed May 1, 2011.

Existing law

ECL §§11-0307(1), 11-0903(1) and 11-0905(2)(a) provide for the current means of establishing open seasons and bag limits for migratory game birds. ECL § 11-0323 requires DEC to compile and index the laws related to fish and wildlife and to prepare an annual syllabus of those laws and deliver the syllabus to all license issuing agents.

Prior legislative history

In 2004, a similar DEC departmental bill relating to migratory game birds was introduced in the Senate (S.7240) but died in the Commerce, Economic Development and Small Business Committee. In 2008, a DEC departmental bill was proposed which included a similar proposal among other provisions, but the bill was not introduced in either house.

Statement in support

Annual migratory game bird hunting regulations, including season dates, are set in accordance with federal regulations. However, the final federal regulations historically have not been issued until late August or early September each year. There is no expectation that this timeline will change because it is driven by annual conduct and analysis of waterfowl breeding surveys. As a result, DEC is often forced to issue emergency regulations to conform State migratory game bird hunting regulations to the federal regulations in time for opening day. Federal regulations provide opportunity for public comment, and are based on information and input received from New York, including DEC and appropriate stakeholders. In addition, DEC has established a waterfowl season selection process that provides considerable opportunity for public input. This proposal would allow seasons to be automatically set in New York based on the final federal regulations rather than requiring DEC to annually issue emergency regulations to establish the migratory game bird seasons. DEC would retain the option to issue its own regulations, if it chooses to do so, provided that they are no less restrictive than the federal regulations.

Budget implications

This proposal would streamline DEC's management efforts for migratory game birds, resulting in administrative savings.

Effective date

This bill takes effect upon enactment, provided that the amendments made by Sections 1, 2 and 3 of the act shall be deemed repealed May 1, 2011.