N.Y. Environmental Conservation Law § 11-0303: Management of fish and wildlife resources; general purposes and policies governing manner of exercise of powers

§ 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.).