§ 11-0303 — Management of fish and wildlife resources; general purposes and policies governing manner of exercise of powers

New York § 11-0303

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 3: General Powers and Duties of the Department
• Art. 11: Fish and Wildlife

Text

§ 11-0303. Management of fish and wildlife resources; general purposes\n and policies governing manner of exercise of powers.\n 1. The general purpose of powers affecting fish and wildlife, granted\nto the department by the Fish and Wildlife Law, is to vest in the\ndepartment, to the extent of the powers so granted, the efficient\nmanagement of the fish and wildlife resources of the state. Such\nresources shall be deemed to include all animal and vegetable life and\nthe soil, water and atmospheric environment thereof, owned by the state\nor of which it may obtain management, to the extent that they constitute\nthe habitat of fish and wildlife as defined in section 11-0103. Such\nmanagement shall be deemed to include both the maintenance and\nimprovement of such resources as natural resources and the development\nand administration of measures for making them accessible to the people\nof the state. To obtain these results it shall include, to the extent\nauthorized by law, the undertaking and execution of reciprocal and\ncooperative arrangements with the government of the United States, with\nother states, and with other departments and agencies of this state,\npolitical subdivisions and public corporations of this state and owners\nand lessees of privately owned lands and waters, and shall also include\ncontinuation of research and educational programs.\n 2. To such extent as it shall deem feasible without prejudice to other\nfunctions in the management of fish and wildlife resources of the state\nand the execution of other duties imposed by law, the department is\ndirected, in the exercise of the powers conferred upon it, to develop\nand carry out programs and procedures which will in its judgment, (a)\npromote natural propagation and maintenance of desirable species in\necological balance, and (b) lead to the observance of sound management\npractices for such propagation and maintenance on lands and waters of\nthe state, whether owned by the state or by a public corporation of the\nstate or held in private ownership, having regard to (1) ecological\nfactors, including the need for restoration and improvement of natural\nhabitat and the importance of ecological balance in maintaining natural\nresources; (2) the compatibility of production and harvesting of fish\nand wildlife crops with other necessary or desirable land uses; (3) the\nimportance of fish and wildlife resources for recreational purposes; (4)\nrequirements for public safety; and (5) the need for adequate protection\nof private premises and of the persons and property of occupants thereof\nagainst abuse of privileges of access to such premises for hunting,\nfishing or trapping.\n 3. The department may, until December thirty-first, two thousand\ntwenty-seven, fix by regulation measures for the management of striped\nbass, including size limits, catch and possession limits, open and\nclosed seasons, closed areas, restrictions on the manner of taking and\nlanding, requirements for permits and eligibility therefor,\nrecordkeeping requirements, requirements on the amount and type of\nfishing effort and gear, and requirements relating to transportation,\npossession and sale, provided that such regulations are no less\nrestrictive than requirements set forth in this chapter and provided\nfurther that such regulations are consistent with the compliance\nrequirements of applicable fishery management plans adopted by the\nAtlantic States Marine Fisheries Commission and with applicable\nprovisions of fishery management plans adopted pursuant to the Federal\nFishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).\n