BILL NUMBER: S9367

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend chapter 84 of the laws of 2010, amending the environ-
mental 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. Additionally, it
would allow the annual federal regulations to set the state's migratory
game bird hunting zone boundaries.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill extends the effectiveness of section 5 of chapter
84 of the laws of 2010, as amended by chapter 208 of the laws of 2021,
which amends subdivision 1 of section 11-0307 of the Environmental
              

Conservation Law (ECL), authorizing the department to adopt rules and
regulations in relation to migratory game birds provided such regu-
lations are no less restrictive than federal regulations made under
authority of the Migratory Bird Treaty Act of July 3, 1918; subdivision
1 of section 11-0903 of the ECL, which sets the state's migratory game
bird hunting zone boundaries in the provisions of the Fish and Wildlife
Law that currently allow annual federal regulations to set the state's
migratory game bird hunting seasons and bag limits; and paragraph a of
subdivision 2 of section 11-0905 of the ECL to extend 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 unless
the state adopts regulations.

Section 2 of the bill provides for an immediate effective date.

 
JUSTIFICATION:

Migratory game bird hunting regulations, including season dates, bag
limits, and zone boundaries, 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 annu-
ally in response to a variety of environmental factors, including weath-
er 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 The final federal regulations are not be published in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-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.
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 was often forced to issue emergency
regulations to conform State migratory game bird hunting regulations to
the federal regulations in time for the season opening. As the emergency
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.

 
PRIOR LEGISLATIVE HISTORY:

ECL § 11-0903 provisions were established by Chapter 84 of the Laws of
2010 and extended through December 31, 2024 by Chapter 208 of the Laws
of 2021. Prior to 2011, DEC was obligated to promulgate regulations to
mimic federal regulations. The law was amended so that DEC may promul-
gate 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.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Section 2 of the bill provides for an immediate effective date.