Relates to the management of migratory game birds

BILL NUMBER:S4219

Title of bill

An act to amend chapter 84 of the laws of 2010 amending the environmental conservation law relating to the management of migratory game birds, in relation to extending the effectiveness thereof

Purpose of Bill:

The bill would to amend the Fish and Wildlife Law to continue to allow the Department of Environmental Conservation (DEC) to base the State's migratory game bird hunting seasons and bag limits on requirements established annually pursuant to applicable federal regulations.

Summary of provisions:

Section 1 of the bill would amend section 5 of chapter 84 of the Laws of 2010 to extend until October 1, 2015 the provisions of the Fish and Wildlife Law that allow DEC to base the State's migratory game bird hunting seasons and bag limits on requirements established pursuant to applicable federal regulations.

Section 2 of this bill provides that this bill would take effect immediately

Existing law:

Environmental Conservation Law (ECL) § 11-0903 provides that open seasons and bag limits with respect to migrator), game birds shall be those published annually in the federal register by the U.S. Department of the Interior, unless DEC adopts applicable regulations pursuant to ECL § 11-0307. Notice of such open seasons and bag limits must be provided by DEC press release and any other means that DEC determines to be appropriate and effective, including posting on the agency's public website.

Prior Legislative History:

ECL § 11-0903 was established by Chapter 84 of the Laws of 2010 and extended through October 1, 2013 by Chapter 76 of the Laws of 2011.

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.C. §§ 703-712). Migratory game bird population levels fluctuate annually in response to a variety of environmental factors, including weather conditions, predation, and human activities, such as land use changes and harvest. To address this fluctuation federal regulations for migratory birds are adjusted annually. The final federal regulations historically have not been issued until late August or early September of each year. There is no expectation that this timeline will change because it is driven by the annual conduct and analysis of waterfowl breeding surveys.

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 mariner in which migratory game birds are taken improve the quality of recreational activity, provide for a variety of harvest techniques, public safety, the protection of private property, and afford additional protection to migratory game bird populations.

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.

Budget implications: None.

Local Impact: None.

Effective Date: The bill would take effect immediately.