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This entry was published on 2024-07-05
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SECTION 11-0303
Management of fish and wildlife resources; general purposes and policies governing manner of exercise of powers
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 11, TITLE 3
§ 11-0303. Management of fish and wildlife resources; general purposes

and policies governing manner of exercise of powers.

1. The general purpose of powers affecting fish and wildlife, granted
to the department by the Fish and Wildlife Law, is to vest in the
department, to the extent of the powers so granted, the efficient
management of the fish and wildlife resources of the state. Such
resources shall be deemed to include all animal and vegetable life and
the soil, water and atmospheric environment thereof, owned by the state
or of which it may obtain management, to the extent that they constitute
the habitat of fish and wildlife as defined in section 11-0103. Such
management shall be deemed to include both the maintenance and
improvement of such resources as natural resources and the development
and administration of measures for making them accessible to the people
of the state. To obtain these results it shall include, to the extent
authorized by law, the undertaking and execution of reciprocal and
cooperative arrangements with the government of the United States, with
other states, and with other departments and agencies of this state,
political subdivisions and public corporations of this state and owners
and lessees of privately owned lands and waters, and shall also include
continuation of research and educational programs.

2. To such extent as it shall deem feasible without prejudice to other
functions in the management of fish and wildlife resources of the state
and the execution of other duties imposed by law, the department is
directed, in the exercise of the powers conferred upon it, to develop
and carry out programs and procedures which will in its judgment, (a)
promote natural propagation and maintenance of desirable species in
ecological balance, and (b) lead to the observance of sound management
practices for such propagation and maintenance on lands and waters of
the state, whether owned by the state or by a public corporation of the
state or held in private ownership, having regard to (1) ecological
factors, including the need for restoration and improvement of natural
habitat and the importance of ecological balance in maintaining natural
resources; (2) the compatibility of production and harvesting of fish
and wildlife crops with other necessary or desirable land uses; (3) the
importance of fish and wildlife resources for recreational purposes; (4)
requirements for public safety; and (5) the need for adequate protection
of private premises and of the persons and property of occupants thereof
against abuse of privileges of access to such premises for hunting,
fishing or trapping.

3. The department may, until December thirty-first, two thousand
twenty-seven, fix by regulation measures for the management of striped
bass, including size limits, catch and possession limits, open and
closed seasons, closed areas, restrictions on the manner of taking and
landing, requirements for permits and eligibility therefor,
recordkeeping requirements, requirements on the amount and type of
fishing effort and gear, and requirements relating to transportation,
possession and sale, provided that such regulations are no less
restrictive than requirements set forth in this chapter and provided
further that such regulations are consistent with the compliance
requirements of applicable fishery management plans adopted by the
Atlantic States Marine Fisheries Commission and with applicable
provisions of fishery management plans adopted pursuant to the Federal
Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).