Relates to extending provisions relating to the management of migratory game birds

BILL NUMBER:S5134

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 the Bill:

The purpose of this bill is 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 this bill amends Section 5 of Chapter 84 of the Laws of 2010 to extend, until December 31, 2018, 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 immediately.

Existing Law:

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

Prior Legislative History:

This authority was first enacted by Chapter 84 of the Laws of 2010 and extended through October 1, 2015 by Chapter 39 of the Laws of 2013.

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. As a result, federal regulations for migratory birds are adjusted annually. The final federal regulations are not published in the Federal Register until mid-August 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. 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 recreational 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. Federal regulations provide opportunity for public comment, and are based on information and input received from New York, including DEC and stakeholders.

Prior having this authority, DEC was often forced to issue emergency regulations to conform State migratory game bird hunting regulations to the federal regulations in time for opening day. 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:

This bill would have no impact on local governments.

Effective Date:

This act shall take effect immediately.