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S7950Senate2017-2018 SessionSame asA10861

Extend Bird Hunting Rules

Official title

“Relates to the management of migratory game birds; extends effectiveness”

Sponsor Thomas F. O'MaraSD-58Affects Environment & Energy
Status
Signed by Governor
Impact
3/10
Low
Outcome
Signed into law

Bill progress

Signed into law

What's happening

This bill extends the existing law on migratory game bird management from expiring in 2018 to December 31, 2021.

Why it matters

  1. Ensures continued state authority over migratory game bird management. By extending the law’s expiration date, New York maintains its ability to regulate hunting seasons, bag limits, and conservation efforts aligned with federal guidelines.

  2. Supports ongoing conservation and habitat management programs. The extension allows the Department of Environmental Conservation to keep running programs that protect migratory bird populations and their habitats, which could otherwise lapse if the law expired.

  3. Provides regulatory stability for hunters and stakeholders. Hunters, landowners, and conservation groups benefit from the predictability and continuity of the legal framework, allowing them to plan activities and resources around consistent rules.

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Who cares

Headline styles

Extend Bird Hunting Rules

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Thomas F. O'Mara

Senator · Senate District 58

Chair, Environmental Conservation

No co-sponsors yet.

History

  1. Signed chap.492
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading cal.1088
  6. Substituted for A10861
  7. Referred to environmental conservation
  8. Delivered to assembly
  9. Passed senateVote 59–1
  10. Advanced to third reading
  11. 2nd report cal.
  12. 1st report cal.988
Show 1 earlier action
  1. Referred to environmental conservation

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A10861Assembly

Extend Bird Hunting Rules

Assembly Floor Calendar · Sponsor Brian Barnwell

Impact 3 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

7950

IN SENATE

March 13, 2018

Introduced by Sen. O'MARA -- (at request of the Department of Environmental Conservation) -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation

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

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 5 of chapter 84 of the laws of 2010, amending the environmental conservation law relating to the management of migratory game birds, as amended by chapter 208 of the laws of 2015, is amended to read as follows:

§ 5. This act shall take effect immediately; provided, however, that the amendments made by sections one, two and three of this act shall be deemed repealed on December 31, [2018] 2021.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD14434-01-8

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend chapter 84 of the laws of 2010, amend- ing 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 amend the Fish and Wildlife Law 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 the bill would amend section 5 of chapter 208 of the Laws of 2015 to extend, until December 31, 2021, 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 imme- diately.

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.0 §§ 703-712). Migratory game bird population levels fluctuate annually in response to a variety of envi- ronmental 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 be published in the Federal Register until mid-Au- gust 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. 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 manner of take improve the quality of recre- ational 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.

Prior to having this authority, DEC had often been forced to issue emer- gency regulations to conform State migratory game bird hunting regu- lations to the federal regulations in time for opening day. As the emer- gency rulemaking process follows the State Administrative Procedures Act, migratory game bird seasons authorized by federal regulations often began long before the start of the rulemaking process.

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.

Prior legislative history

ECL § 11-0903 provisions authorizing the use of federal regulations for setting seasons and bag limits for migratory game birds were established by Chapter 84 of the Laws of 2010 and extended through October 1, 2015 by Chapter 39 of the Laws of 2013. Prior to 2011, DEC was obligated to promulgate regulations to mimic federal regulations. The law was amended so that DEC may promulgate regulations when seasons or bag limits are different from the federal regulations but is not required to simply republish federal rules when they are to be used.

Budget implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.