Press Release: NYS DEC, July 28, 1999

"New York State's fish and wildlife are irreplaceable natural assets that must be carefully managed and protected to ensure their survival," Governor Pataki said. "This legislation will enable the State Department of Environmental Conservation to continue its important work managing the state's abundant natural resources and providing quality recreational opportunities for New Yorkers now and in the future."

Several of the new laws extend the State Department of Environmental Conservation's (DEC) authority to manage deer and bear, replacing similar laws that were set to expire on October 1, 1999.

Under the new legislation, Sunday hunting for deer will become permanent throughout central and western New York. For the past three years, Sunday deer hunting has been allowed on a trial basis in the central and western regions of the state.

"Taken together, these bills will allow DEC staff to continue to provide quality hunting and fishing opportunities, while keeping fish and wildlife populations in balance with the environment and people's use of the land," DEC Commissioner John P. Cahill said.

The legislation, by category and bill number, includes:

Laws Affecting Freshwater Fish and Wildlife

S.1128 Requires the revocation of the hunting, fishing or trapping license of anyone who takes wildlife while in or on a motorized vehicle;

S.1129A Allows the revocation of the hunting, fishing or trapping license of anyone who improperly issues a certificate of instruction for the completion of courses in responsible hunting, bowhunting or trapping;

S.1130-A Specifies four years as the maximum period of revocation for junior archery licenses or combined hunting licenses issued to 12 to 16 year olds;

S.5407 Allows people who accidentally kill a moose in a collision with their motor vehicle to take the moose;

S.5643-A Extends until 2003 DEC's authority to establish by regulation open seasons, size and catch limits and manner of taking fish, and to set open seasons and bag limits for frog hunting;

A.8133-A Extends until 2001 DEC's authority to issue deer management permits, to establish by regulation open seasons, manner of taking, bag limits and special seasons for deer; and allows DEC staff to issue replacement tags for wild turkey, deer or bear when the animal taken is determined to have been unfit for human consumption at the time it was killed;

S.5657-A Extends until 2003 DEC's authority to set open seasons, open areas, bag limits and manner of taking for bear hunting, possession and disposition of bear and bears parts, and the intentional and incidental feeding of bears;

A.8151 Extends until 2001 DEC's authority to set extended muzzle-loading firearm seasons for deer in the Northern Zone; and

A.7135-A Makes permanent Sunday hunting of deer in the Southern Tier, central and western regions of New York State.

Laws Affecting Marine Resources

A.6044-A Establishes a Marine Bait Permit to allow the taking of bait fish, including killifish, menhaden ("bunkers") and silversides ("shiners") for sale in retail bait sale businesses;

S.5668-C Extends until 2003 DEC's authority to control the take of blackfish (or tautog) by regulation;

S.5718-C Authorizes DEC to regulate the take of Atlantic cod, Atlantic sturgeon, shortnose sturgeon, American shad, alewives, blueback herring, Atlantic herring and American eel until December 31, 2003. The bill will enable DEC to write regulations consistent with Fishery Management Plans adopted by the Atlantic States Marine Fisheries Commission and/or the federal government for each of the species named;

A.8117 Increases the daily catch limit for surf clams and ocean quahogs, which will be economically beneficial and will not threaten the health of this shellfish resource;

A.8128-A Extends until December 31, 2003, DEC's authority to establish Special Management Areas and adopt regulations for the management and protection of those areas, which include important ecosystems and reef fisheries;

A.8152 Establishes lobster trap-tagging requirements to ensure adherence to individual limits on the number of pots used by each permittee;

A.8164-A Extends until December 21, 2003, DEC's authority to adopt regulations for crabs (including horseshoe crabs), bluefish, weakfish, and summer flounder (or fluke). This bill will enable DEC to maintain regulations consistent with the federal Fishery Management Plan for each species.

A.8165-A Extends until December 31, 2003, DEC's authority to adopt regulations for winter flounder, scup (or porgy), and black sea bass. Establishes a new license to take conch (or whelk) for commercial purposes. This bill will enable DEC to maintain regulations consistent with Fishery Management Plans for these species. Establishing a license for conch fishing will allow for enumeration and identification of anglers, their catch and manners of fishing.

A.8169.A Protects public health by authorizing DEC to conduct sanitary surveys of the Hudson River Estuary north of the Tappan Zee Bridge to certify whether or not such areas are acceptable for shellfish harvest. In addition, the bill simplifies the requirement for annual publication of shellfish closures, establishes non-resident shellfish diggers' permits and revises provisions of law regarding commercial harvest of shellfish and crabs by non-residents;

S.5917 Authorizes DEC to establish regulations for the taking of sharks. Prohibits the practice of "finning" dogfish (removing their fins and discarding the carcasses). Existing law prohibits "finning" sharks;

S.5402 Prohibits the intentional disturbance, removal or damage of fish or crustacea nets and gear without the consent of the fishing license holder who placed them; and

A.8479.A Extends to Dec. 31, 2003 the cap on the number of commercial licenses or permits issued by DEC for the taking of lobster, crab and food fish.