§ 83 — Conservation fund

§ 83. Conservation fund. (a) 1. The conservation fund shall consist of\nall moneys belonging to the state received by the department of\nenvironmental conservation from the sale of licenses for hunting, for\ntrapping, and for fishing, all moneys received in actions for penalties\nunder articles eleven and thirteen of the environmental conservation law\nand subdivision two of section 71-1929 of the environmental conservation\nlaw, or upon the settlement or compromise thereof, all fines for\nviolation of any of the provisions of articles eleven and thirteen of\nthe environmental conservation law, all moneys arising out of the\noperation of real property under the jurisdiction of the division of\nfish and wildlife in the department of environmental conservation\nheretofore or hereafter acquired by the state of New York, and from any\nconcessions thereon and from any leases thereof, including moneys\nreceived from the sale thereof when authorized by law, all moneys\nreceived from leases or rentals of shellfish grounds in the marine and\ncoastal district, all moneys from gifts for fish and wildlife management\npursuant to section six hundred twenty-five of the tax law, moneys\nreceived by the department of environmental conservation from the sale\nof limited edition prints of fish and wildlife paintings, as authorized\nby paragraph t of subdivision two of section 3-0301 of the environmental\nconservation law, all moneys received from the reimbursement provided\nfor in paragraph b of subdivision seven of section 8-0109 of the\nenvironmental conservation law, and all other moneys arising out of the\napplication of any provisions of articles eleven and thirteen of the\nenvironmental conservation law. These moneys, after appropriation by the\nlegislature, and within the amounts set forth and for the several\npurposes specified, shall be available to the department of\nenvironmental conservation for the care, management, protection and\nenlargement of the fish, game and shell fish resources of the state and\nfor the promotion of public fishing and shooting. In the accomplishment\nof these objects the moneys made available hereunder shall be devoted to\nthe purchase or acquisition of lands, lands under water, waters, or\nrights therein as required, to payment for personal service, for\nmaintenance and operation, and for new construction and permanent\nbetterments, and to all other proper expenses of the department of\nenvironmental conservation in the administration and enforcement of the\nprovisions of articles eleven and thirteen of the environmental\nconservation law.\n 1-a. On or before the first day of February each year, the\ncommissioner of the department of environmental conservation shall\nprovide a written report to the temporary president of the senate,\nspeaker of the assembly, chair of the senate finance committee, chair of\nthe assembly ways and means committee, chair of the senate committee on\nenvironmental conservation, chair of the assembly environmental\nconservation committee, the state comptroller and the public. Such\nreport shall include how the monies of the fund received pursuant to\nsection six hundred twenty-five of the tax law were utilized during the\npreceding calendar year, and shall include:\n (i) the amount of money dispersed from the fund and the award process\nused for such disbursements;\n (ii) recipients of awards from the fund;\n (iii) the amount awarded to each;\n (iv) the purposes for which such awards were granted; and\n (v) a summary financial plan for such monies which shall include\nestimates of all receipts and all disbursements for the current and\nsucceeding fiscal years, along with the actual results from the prior\nfiscal year.\n 2. (i) Moneys collected pursuant to sections 13-0301, 13-0311 and\n13-0315 of the environmental conservation law and all fines and\npenalties collected pursuant to article seventy-one of such law for\nillegal acts relating to shellfish shall be deposited in a special\naccount within the conservation fund, to be known as the marine\nresources account, and shall be available to the department of\nenvironmental conservation, after appropriation, for the care,\nmanagement, protection and enlargement of marine fish and shellfish\nresources.\n (ii) Notwithstanding the provisions of subparagraph (i) of this\nparagraph, moneys arising out of the application of subdivision fourteen\nof section 13-0309 of the environmental conservation law, shall be\ndeposited in a special account within the conservation fund, to be known\nas the surf clam/ocean quahog account, and shall be available to the\ndepartment of environmental conservation, including contracts for such\npurposes with a New York state institution of higher education currently\ninvolved in local marine research, after appropriation, for the research\nand stock assessment of surf clams and ocean quahogs. The department\nshall, at a minimum, undertake two stock assessments and issue reports\ndetailing the findings of such assessments to the governor and\nlegislature. The first stock assessment shall be due no later than\nDecember thirty-first, two thousand two. The second stock assessment\nshall be due no later than December thirty-first, two thousand four, and\nshall be conducted in an area to be determined in consultation with the\nsurf clam/ocean quahog management advisory board.\n 3. (i) Moneys arising out of the application of article thirteen of\nthe environmental conservation law shall be deposited in a special\naccount within the conservation fund, to be known as the marine\nresources account, and shall be available to the department of\nenvironmental conservation, after appropriation, for the care,\nmanagement, protection and enlargement of marine fish and shellfish\nresources.\n (ii) Notwithstanding the provisions of subparagraph (i) of this\nparagraph, moneys arising out of the application of subdivision fourteen\nof section 13-0309 of the environmental conservation law, shall be\ndeposited in a special account within the conservation fund, to be known\nas the surf clam/ocean quahog account, and shall be available to the\ndepartment of environmental conservation, including contracts for such\npurposes with a New York State institution of higher education currently\ninvolved in local marine research, after appropriation, for the research\nand stock assessment of surf clams and ocean quahogs.\n 4. (i) There is hereby created a special account within the\nconservation fund to be known as the state fish and game trust account\nto consist of all moneys received by the state from the sale of lifetime\nhunting, fishing, and trapping licenses, and lifetime archery and\nmuzzle-loading privileges pursuant to section 11-0702 of the\nenvironmental conservation law except those moneys deposited in the\nhabitat conservation and access account pursuant to section\neighty-three-a of this chapter. The state comptroller shall invest the\nmoneys in such account in securities as defined by section\nninety-eight-a of this article. Any income earned by the investment of\nsuch moneys, except income transferred to the conservation fund pursuant\nto subparagraph (iii) of this paragraph, shall be added to and become a\npart of, and shall be used for the purposes of such account.\n (ii) The state comptroller shall provide an annual report of the trust\naccount which lists the amount of the principal, the earned income, the\nearned income accrued to the principal, and the earned income\ntransferred to the conservation fund pursuant to subparagraph (iii) of\nthis paragraph not later than April tenth of each year for the state\nfiscal year ending the immediately preceding March thirty-first. A copy\nof such report shall be transmitted, forthwith, to the director of the\ndivision of the budget, the chairman of the senate finance committee,\nthe chairman of the assembly ways and means committee, the commissioner\nof the department of environmental conservation and each of the eleven\nmembers of the conservation fund advisory board, created pursuant to\nsection 11-0327 of the environmental conservation law.\n (iii) Earned income from the sale of all lifetime licenses and\nprivileges, except income earned on the proceeds of the sale of a\nlifetime license or privilege during the period from sale of such\nlicense or privilege until April first of the year following one full\nyear of deposit of the proceeds of the sale of such lifetime license or\nprivilege, shall be available for deposit within the conservation fund\npursuant to paragraph one of this subdivision in an amount equal to the\ncost of the appropriate annual license or privilege. The earned income\nwhich exceeds the current cost of each annual license or privilege\ncomparable to the lifetime license or privilege, shall be added to the\ntrust account as principal. The earned income from lifetime licenses or\nprivileges issued to persons who are under the legal age to implement\nsuch licenses or privileges shall be added to the trust account as\nprincipal until such person becomes of legal age to hunt, fish or trap.\n (b) Lands and property rights may be acquired by the department of\nenvironmental conservation with moneys made available for such purposes\nfrom the conservation fund by purchase, by acquisition pursuant to the\nprovisions of the eminent domain procedure law or by gift.\n (c) All payments made from the conservation fund shall be made by the\ndepartment of taxation and finance after audit and upon warrant of the\ncomptroller on vouchers approved by the commissioner of environmental\nconservation. After appropriations made available from the conservation\nfund shall cease to have force and effect, any balances remaining\nunexpended and not required to meet the proper and necessary expenses of\nthe division of fish and wildlife shall revert to such fund.\n (d) As to monies accruing to the fund by reason of the enactment of a\nchapter of the laws of nineteen hundred seventy-five entitled "An Act to\namend the environmental conservation law and the state finance law, in\nrelation to fees for hunting, fishing and trapping licenses," one dollar\nof the fee increase provided therein for each hunting, fishing and\ntrapping license shall be dedicated to expansion of hunting and fishing\nopportunity by: acquisition of public rights or opportunities to utilize\nsuitable lands for hunting and fishing; habitat management and\nimprovement; and species propagation of game, game birds and game fish.\n (e) 1. All moneys, revenue and interest received by the department\nfrom the sale of voluntary migratory bird stamps and art prints shall be\ncredited to the conservation fund as provided by section eighty-three of\nthis chapter. After payment of administrative costs for preparation and\nsale of voluntary stamps and art prints, fifty percent of these moneys\nshall be available to the department, pursuant to appropriation,\nexclusively for acquisition, preservation, improvement and development\nof wetlands and development and maintenance of access sites within the\nstate. The remaining fifty percent of these moneys shall be disbursed to\nan appropriate nonprofit organization for the development of waterfowl\nhabitat projects within the Dominion of Canada which specifically\nprovide migratory birds for the Atlantic Flyway after obtaining evidence\nthat the projects are acceptable to the department of environmental\nconservation and the appropriate governmental agencies having\njurisdiction over the project area.\n 2. Notwithstanding any other general or special law, rule or\nregulation, all moneys, revenue and interest arising out of the sale of\nvoluntary migratory bird stamps, other than that retained by the issuing\nagent or officer, and art prints pursuant to section 11-0307 of the\nenvironmental conservation law and this section shall be deposited in a\nspecial account within the conservation fund, to be known as the\nmigratory bird account, and shall be dedicated to and available by\nappropriation only for the purposes set forth in this subdivision, which\nmay only be altered or amended by law.\n (f) Notwithstanding the provisions of any other law, all moneys,\nrevenue penalties, and interest arising out of the fees for the issuance\nof guide licenses pursuant to section 11-0533 of the environmental\nconservation law and this section shall be deposited in a special\naccount within the conservation fund, to be known as the guides license\naccount, and shall be dedicated to and available by appropriation only\nfor the administration of and purposes set forth in section 11-0533 of\nthe environmental conservation law, which may only be altered or amended\nby law.\n (g) All moneys, fees, fines and penalties arising out of the\nadministration and enforcement of the tidal wetlands act (article\ntwenty-five of the environmental conservation law) shall be deposited\ninto the marine resources account of the conservation fund.\n (i) All moneys, revenues and interest thereon received as a result of\nthe application of subdivision eighteen of section 11-0305 of the\nenvironmental conservation law authorizing a one dollar voluntary\ncontribution mechanism on all hunting and fishing licenses shall be\ndeposited in a special account within the conservation fund to be known\nas the venison donation account. All of such moneys, revenues and\ninterest shall be made available by the department of environmental\nconservation, pursuant to appropriation, to an appropriate nonprofit\norganization for implementation of a venison donation program.\n (j) All moneys, revenue and interest thereon received as a result of\nthe issuance and sale of voluntary outdoor recreation and trail\nmaintenance pins and patches pursuant to section 11-0329 of the\nenvironmental conservation law, other than the amount retained by the\nissuing agent or officer, shall be deposited in a special account within\nthe conservation fund to be known as the outdoor recreation and trail\nmaintenance account. All of such moneys, revenues and interest shall be\navailable to the department of environmental conservation, pursuant to\nappropriation, exclusively for outdoor recreation, trail maintenance,\nand the development and improvement of public access to outdoor\nrecreation and trails.\n